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08-04-2020 SPECIAL FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL tNv+•8�0y MAYOR ROBERT "BOBBY"DYER,At Large te' M. VICE MAYOR JAMES L.WOOD,Lynnhaven—District S 44. JESSICA P.ABBOTT,Kempsviile—District 2 �L MICHAEL F.BERLUCCHI,Rose Hall—District 3 ;_l_ .v S � BARBARA M.HENLEY,Princess Anne—District 7 ` • LOUISR.JONES,Bayside—District 4 • JOHND.MOSS,At Large 'o •'� AARONR.ROUSE,At Large °•" •Avo+* GUYK.TOWER,Beach—District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D.WOOTEN,Centerville—District 1 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH,VIRGINIA 23456-9005 PHONE:(757)385-4303 CITY MANAGER—PATRICK A.DUHANEY CITYATIORNEY—MARK D.STILES E- CITYASSESSOR—RONALDD.AGNOR CITY COUNCIL AGENDA MA/L:C177'CFAX(757)385-5669OUNC(L@v385-5669 CITY AUDITOR—LYNDONS REMIAS SPECIAL SESSION CITY CLERK—AMANDA BARNES August 4,2020 *DUE TO INCLEMENT WEATHER,THE SPECIAL SESSION WILL BE CANCELLED* MAYOR ROBERT M. "BOBBY" DYER PRESIDING 1. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer- Virginia Beach Convention Center- 1:00PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 11. RECONVENE SPECIAL SESSION A. CERTIFICATION OF CLOSED SESSION III. ADJOURNMENT GOA•13EAc �l4L City of Virginia Beach ,e t q9tS Op OUR NA�° 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 BDYEROVBGOV.COM July 30, 2020 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 SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,August 4, 2020 1:00P.M. Virginia Beach Convention Center 1000 19th Street The purpose of this SPECIAL SESSION is to allow the City Council to convene into a Closed Session pursuant to Virginia Code§2.2-3711(A)(19)from 1:00 p.m. —4:00 p.m. At the conclusion of the Closed Session, the City Council will reconvene in open session to certify the Closed Session. City Council will then proceed with the regularly scheduled briefings and Council discussion at 4:00 p.m.,followed by the Formal Session at 6:00 p.m. Sincerely, Robert M. Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large 1 "' C y, VICE MAYOR JAMES L.WOOD,Lynnhaven—District S (4 *ilp 4*k JESSICA P.ABBOTT,,Kempsville—District 2 MICHAEL F.BERLUCCHI,Rose Hall—District 3f. • BARBARA M.HENLEY,Princess Anne—District 7 : x: ` LOUIS R.JONES,Bayside—District 4 4 S _ JOHN D.MOSS,At Large *4' *` •�r+ AARONR.ROUSE,At Large or ey, woo*" GUYK.TOWER,Beach—District 6 ROSEMARY WILSON.At Large CITY HALL BUILDING SABR/NA D.WOOTEN,Centerville—District! 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER—PAT RICK A.DUHANEY PHONE:(757)385-4303 CITYATTORNEY—MARK D.STILES FAX(757)385-5669 CITY ASSESSOR—RONALDD.AGNOR CITY COUNCIL AGENDA E-MAIL:CITYCOUNCIL@vbgov.com CITY AUDITOR—LYNDON S.REMIAS CITY CLERK—AMANDA BARNES August 4,2020 *DUE TO INCLEMENT WEATHER, THE CITY COUNCIL MEETING WILL BE CANCELLED AND ITEMS WILL BE RESCHEDULED FOR A LATER DATE* MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS -Virginia Beach Convention Center- 4:00 PM A. COVID-19 PUBLIC SAFETY UPDATE Erin Sutton, Director—Office of Emergency Management Ronald H. Williams,Jr.—Deputy City Manager Julie Hill, Director—Communications B. LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION PROJECT Susan Layton, Chief of Planning and Policy—Norfolk District, U.S. Army Corps of Engineers II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. FORMAL SESSION -Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. MINUTES SPECIAL SESSION July 23, 2020 SPECIAL FORMAL SESSION July 28, 2020 F. PUBLIC HEARING 1. POLLING PLACE CHANGE Point O'View Precinct to Point O'View Elementary School G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Resolutions to REQUEST the General Assembly to include in its August Special Session: a. RESTORE funding re K-12 Education b. INCLUDE funding re renovation of Building 2 in response to the events of May 31, 2019 (Requested by City Council) 2. Resolution to AUTHORIZE the Mayor, City Manager and Director of Finance to EXECUTE a CARES Act Funding Certificate on behalf of the City 3. Ordinance to AUTHORIZE the use of the CARES Act Funding and TRANSFER funds to various departments re hazard pay and volunteer recognition (Requested by City Council) 4. Ordinance to SUSPEND provisions of the City Code re penalties and interest upon certain local taxes during COVID 19 Pandemic (Requested by Council Member Wooten) 5. Ordinances to AMEND City Code Section: a. 2-85 re leave accrual by part-time employees b. 10-1 re Point O'View Precinct Polling Place to Point O'View Elementary School 6. Ordinance to AMEND the Adopted FY2020-21 Capital Improvement Program (CIP) Project description and scope for CIP #9-068 Dome Site Development Acquisition re AUTHORIZE the acquisition of property by Virginia Beach Development Authority (VBDA) 7. Ordinance to ACCEPT and APPROPRIATE $300,000 from the Landmark Foundation to Public Health Department and REAUTHORIZE Grant-Funded positions re Baby Care Program I. PLANNING 1. WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions re home of the aged, disabled and handicapped for the properties located at 3100 Shore Drive (Approved November 14, 1977) DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. CITY OF VIRGINIA BEACH—Resolution to APPROVE a freestanding sign in accordance with City Zoning Ordinance(CZO) Section 905 (f)(5) for Kempsville Volunteer Rescue Squad, Inc., DISTRICT 2—KEMPSVILLE STAFF RECOMMENDATION: APPROVAL THE FOLLOWING ITEMS WILL BE DEFERRED TO AUGUST 25,2020 3. JACOB SHORT for a Conditional Use Permit re short term rental at 4905 Mandan Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. YOUR NOT ALONE, LLC & DONALD & DEBRA WALKER REVOCABLE TRUST for a Conditional Use Permit re short term rental at 207 79th Street, Unit C DISTRICT 5 — LYNNHAVEN RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 5. LISA C. EURE/LISA C EURE, RITA BIANCHI & MICHAEL BURNS for a Conditional Use Permit re short term rental at 2312 Red Tide Road, Unit A DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 6. ATLANTIC DEVELOPMENT ASSOCIATES, LLC for a Conditional Use Permit re short term rental at 112A 56th Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 7. CEBT PROPERTIES, LLC for a Conditional Use Permit re short term rental at 201 64th Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 8. LA PAZ, LLC for Conditional Use Permit re short term rental at 2565 Shore Drive: a. Unit A b. Unit B DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 9. OCEAN RENTAL PROPERTIES, LLC for a Conditional Use Permit re short term rental at 2216 Baltic Avenue, Unit B DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. WILLIAM J. WRIGHT,JR. for a Conditional Use Permit re short term rental at 909 Pacific Avenue, Unit A DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. CARLIN CREATIVE CONCEPTS,LLC for a Conditional Use Permit re short term rental at 901 Pacific Avenue Unit B DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 12. NATHAN BOLLING for a Conditional Use Permit re short term rental at 423 21 st th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 13. DAWN WYATT for a Conditional Use Permit re short term rental at 609 Bayway Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 14. NEW JERUSALEM CHURCH for a Conditional Use Permit re short term rental at 101 Bishop Thoroughgood Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 15. AUSTIN BOYLES & STAR BOYLES for a Conditional Use Permit re short term rental at 1804 Baltic Avenue, Unit E DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 16. MCLESKEY & ASSOCIATES / FWM RESIDENTIAL RENTAL PROPERTIES, LLC for Conditional Use Permits re short term rentals: a. 409 Southside Road b. 441 Southside Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 17. MCLESKEY & ASSOCIATES /RUDEE HEIGHTS PROPERTIES,LLC for Conditional Use Permits re short term rentals at 1405 Cypress Avenue: a. Unit A b. Unit B DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 18. JADE VACATIONS, LLC/JOSEPH CLARK for a Conditional Use Permit re short term rental at 329 25th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 19. ANDREAS LOIZOU for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 102 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 20. PROLIFIC PROPERTIES, LLC for a Conditional Use Permit re short term rental at 1047 Coastaway Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 21. JOHN KEENAN for a Conditional Use Permit re short term rental at 410 Terrace Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 22. LONGCREEK, LLC for Conditional Use Permits re short term rentals at 4005 Atlantic Avenue: a. Unit 110 b. Unit 111 c. Unit 210 d. Unit 212 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes *********************************** *********************************** 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. 08/04/2020 jag I. CITY MANAGER'S BRIEFINGS - Virginia Beach Convention Center- 4:00 PM A. COVID-19 PUBLIC SAFETY UPDATE Erin Sutton, Director—Office of Emergency Management Ronald H. Williams, Jr. —Deputy City Manager Julie Hill, Director—Communications B. LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION PROJECT Susan Layton, Chief of Planning and Policy—Norfolk District, U.S. Army Corps of Engineers II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. FORMAL SESSION -Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. MINUTES SPECIAL SESSION July 23, 2020 SPECIAL FORMAL SESSION July 28, 2020 F. PUBLIC HEARING 1. POLLING PLACE CHANGE Point O'View Precinct to Point O'View Elementary School trta s tuts . ts3 ( . alp. itLtiv� PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATION FOR THE POINT O'VIEW PRECINCT The City Council of Virginia Beach, Virginia at its formal session on August 4, 2020 at 6:00 PM will conduct a public hearing upon an ordinance to change the polling place for the Point O'View Precinct.The public hearing will be held at the Convention Center located at 100019,,Street,Virginia Beach, Virginia. If adopted, the new polling location for the Point O'View Precinct would be Point O'View Elementary School. A copy of the aforesaid ordinance and related map may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road,Municipal Center,Building 14, Virginia Beach, Virginia, 23456. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303; Hearing 0 impaired, call: TDD only 711 (TDD-Telephonic Device for the Deaf), 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/vbgov /Onstage/5.oho?MTI D=e9ecfdf a 6ad731e11f5ef82b95a978f5c •Register with the City Clerk's Office by calling(757)385- 4303 or via email at ABarnes@vbgov_corn prior to 5:00 p.m.on August 4,2020 All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:July 26 and August 2, 2020 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Resolutions to REQUEST the General Assembly to include in its August Special Session: a. RESTORE funding re K-12 Education b. INCLUDE funding re renovation of Building 2 in response to the events of May 31, 2019 (Requested by City Council) 2. Resolution to AUTHORIZE the Mayor, City Manager and Director of Finance to EXECUTE a CARES Act Funding Certificate on behalf of the City 3. Ordinance to AUTHORIZE the use of the CARES Act Funding and TRANSFER funds to various departments re hazard pay and volunteer recognition (Requested by City Council) 4. Ordinance to SUSPEND provisions of the City Code re penalties and interest upon certain local taxes during COVID 19 Pandemic (Requested by Council Member Wooten) 5. Ordinances to AMEND City Code Section: a. 2-85 re leave accrual by part-time employees b. 10-1 re Point O'View Precinct Polling Place to Point O'View Elementary School 6. Ordinance to AMEND the Adopted FY2020-21 Capital Improvement Program (CIP) Project description and scope for CIP #9-068 Dome Site Development Acquisition re AUTHORIZE the acquisition of property by Virginia Beach Development Authority (VBDA) 7. Ordinance to ACCEPT and APPROPRIATE $300,000 from the Landmark Foundation to Public Health Department and REAUTHORIZE Grant-Funded positions re Baby Care Program IAli-,-,1 '` A� 'cam tf :t z; ,L 1 CITY OF VIRGINIA BEACH AGENDA ITEM i ITEMS: (1) A Resolution Requesting the General Assembly Include Funding in its August Special Session to Restore Funding to K-12 Education (2) A Resolution Requesting the General Assembly Include Funding in its August Special Session for the Renovation of Building 2 in Response to the Events of May 31 , 2019 MEETING DATE: August 4, 2020 ■ Background: The General Assembly adopted a budget as it adjourned in March from its regular session of 2020. Shortly after the adjournment of the regular session, the COVID-19 epidemic was recognized in America as a pandemic. When the General Assembly convened for the reconvened/veto session in April, it deallocated over$2 billion which would have provided much needed funding for K-12 education and the renovation of Building 2. The General Assembly has been called into Special Session on August 18, 2020 by Governor Northam to address the shortfall in funding posed by COVID-19 and also to address criminal justice reforms. The previous estimate of revenues has proven to not be as dire as was projected in March. • Considerations: The City Council met virtually with the local delegation on July 28, 2020. At this meeting, the Council discussed funding needs, and this action is intended to formalize the request for funding for K-12 education and Building 2. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Resolutions (2) REQUESTED BY CITY COUNCIL REQUESTED BY CITY COUNCIL 1 A RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY INCLUDE FUNDING IN ITS AUGUST 3 SPECIAL SESSION TO RESTORE FUNDING TO K-12 4 EDUCATION 5 6 WHEREAS, the General Assembly adopted a budget as it adjourned in March from 7 its regular session of 2020; 8 9 WHEREAS, shortly after the adjournment of the 2020 General Assembly regular 10 session, the COVID-19 epidemic was recognized in America as a pandemic; 11 12 WHEREAS, when the General Assembly convened for the reconvened/veto 13 session in April, it deallocated over $2 billion of funding which would have provided much 14 needed teacher salary raises: 15 16 WHEREAS, the City Council has been providing funding for teacher salary 17 increases for many years as money is available and had provided the city share of funding 18 for the state mandated salary increases from the 2020 session; 19 20 WHEREAS, the General Assembly has been called into Special Session on 21 August 18, 2020 by Virginia Governor Ralph Northam to address the shortfall in funding 22 posed by COVID-19 and also to address criminal justice reforms; and 23 24 WHEREAS, the General Assembly's estimate of revenues has proven to not be as 25 dire as was projected in March. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the Virginia Beach General Assembly delegation is requested to work during 31 the Special Session of the General Assembly to return funding to the budget for K-12 32 education, including teacher salary increases. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2020. APP VED AS TO LEGAL SUFFICIENCY: J _ Ci tto y's Office CA 15130 R-1 July 29, 2020 REQUESTED BY CITY COUNCIL 1 A RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY INCLUDE FUNDING IN ITS AUGUST 3 SPECIAL SESSION FOR THE RENOVATION OF 4 BUILDING 2 IN RESPONSE TO THE EVENTS OF MAY 31, 5 2019 6 7 WHEREAS, the General Assembly adopted a budget as it adjourned in March from 8 its regular session of 2020; 9 10 WHEREAS, shortly after the adjournment of the 2020 General Assembly regular 11 session, the COVID-19 epidemic was recognized in America as a pandemic; 12 13 WHEREAS, when the General Assembly convened for the reconvened/veto 14 session in April, it deallocated over $2 billion which would have provided much needed 15 funding for the renovation of Building 2; 16 17 WHEREAS, Building 2 renovations are needed due to the tragedy of May 31 and 18 the need to renovate the building for the Virginia Beach Police Department so that other 19 buildings with in the courthouse complex can be renovated for the departments displaced 20 from Building 2; 21 22 WHEREAS, the departments that were formerly in Building 2 are now located in 23 over 20 locations across the city which creates a hardship for citizens and businesses 24 seeking to expand the economy and hardships on city employees of the displaced 25 departments; 26 27 WHEREAS, the General Assembly has been called into Special Session on 28 August 18, 2020 by Virginia Governor Ralph Northam to address the shortfall in funding 29 posed by COVID-19 and also to address criminal justice reforms; and 30 31 WHEREAS, the General Assembly's estimate of revenues has proven to not be as 32 dire as was projected in March. 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 That the General Assembly is requested to restore the $10 million previously 38 requested by the City of Virginia Beach for the renovation costs needed for Building 2 39 during its upcoming Special Session. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APP ED AS TO LEGAL SUFFICIENCY: • Atto 's Office CA15129 R-1 July 29, 2020 I ° a'i ,r,„.4 .,,,,, J.: „, .ro. ,z,,:,,,.,..„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Authorize the Mayor, City Manager, and Director of Finance to Execute a CARES Act Funding Certificate on Behalf of the City MEETING DATE: August 4, 2020 • Background: The City received notice from the Commonwealth that there is a second and final round of allocation to localities of CARES Act funding. This round provides $39,258,497. As was required in the first round, the Commonwealth requires a certificate to be executed on behalf of the City by its chief financial officer (Director of Finance), chief administrative officer (City Manager), and chief elected officer (Mayor). The requirements for use of such funds are that the costs: (i) are necessary expenditures incurred due to the public health emergency with respect to COVID-19; (ii) were not accounted for in the budget most recently approved as of March 27, 2020; and (iii) were incurred during the period that begins on March 1 , 2020 and ends on December 30, 2020. The CARES Act funds may not be used to cover revenue shortfalls. • Considerations: The attached resolution authorizes the Mayor, the City Manager, and the Director of Finance to execute the required certificate. The resolution also authorizes the City Manager to complete any required survey, which was noted without substantive detail in the Memorandum from the Secretary of Finance. The resolution further directs the City Manager to prepare a detailed plan for the expenditure of such funds within 30 days of adoption. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Resolution, July 28, 2020 Memorandum from Secretary of Finance; Certificate Recommended Action: Approval Submitting Department/Agency: Office of the City Manager fikc2City Manager: 1 A RESOLUTION TO AUTHORIZE THE MAYOR, 2 CITY MANAGER, AND DIRECTOR OF FINANCE 3 TO EXECUTE A CARES ACT FUNDING 4 CERTIFICATE ON BEHALF OF THE CITY 5 6 WHEREAS, the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 7 2020 provides funding for a number of different programs to address the COVID-19 8 pandemic; 9 10 WHEREAS, the Commonwealth of Virginia has provided a second round of 11 CARES Act funding to localities, and the City's portion is $39,258,497; 12 13 WHEREAS, the requirements for use of such funds are that the costs: (i) are 14 necessary expenditures incurred due to the public health emergency with respect to 15 COVID-19; (ii)were not accounted for in the budget most recently approved as of March 16 27, 2020; and (iii)were incurred during the period that begins on March 1, 2020 and ends 17 on December 30, 2020; 18 19 WHEREAS, the CARES Act funds may not be used to cover revenue shortfalls; 20 and 21 22 WHEREAS, the Commonwealth requires the City to execute a certificate prior to 23 the receipt of such funds, and a copy of the certificate is attached hereto as Exhibit A; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA, THAT: 27 28 The Mayor, City Manager, and the Director of Finance are hereby authorized to 29 execute the CARES Act funding certificate in substantially the same form as attached 30 hereto. The City Manager or designee shall comply with all expenditure, reporting, and 31 audit requirements set forth in the certificate. The City Manager shall also complete the 32 survey or similar requirement for the disbursal of CARES Act funding required by the 33 Commonwealth. 34 35 The City Manager is further directed to provide to the City Council a detailed plan 36 for the expenditure of such funds within 30 days of adoption of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services - y's Office CA151321R-1/July 29, 2020 -40 el • COMMONWEALTH of VIRGINIA Aubrey L.Layne,Jr.,MBA,CPA P.O.Box 1475 Secretary of Finance Richmond,Virginia 23218 July 28, 2020 To: County and City Elected Officials Delivered Via: Chief Executive Officer, Manager, or Administrator From: Aubrey L. Layne, Jr. Secretary of Finance Subject: Second and Final Allocation of Federal Coronavirus Relief Funds Overview On May 12,2020, I advised you of Governor Northam's decision to provide the first round of allocations to local governments from the federal Coronavirus Relief Fund (CRF) authorized pursuant to the federal Coronavirus Aid, Relief and Economic Security Act(CARES Act). On June 1, 2020, each locality received its share of the first half, or fifty(50)percent,of the locally-based allocations (not including Fairfax County that received its funds directly). While the federal CARES Act does not require that states distribute funding to local governments with populations less than 500,000 residents, the Governor recognizes that localities continue to experience the same COVID-19 related expenses as the Commonwealth. Therefore, the Governor recently announced the second and final round to allocate the remaining fifty(50)percent of the locally-based allocations from the CRF to local governments. When completed,the state will have distributed 100 percent of the local allocations the Commonwealth received under the CARES Act providing a total of$1.3 billion for local governments. Just like the first round, the second round will be based on population. Consequently, the second round of allocations will be for the same amount that you received in the first round on June 1, 2020. In order to receive the second allocation, localities are required to submit a new certification form and complete an online survey regarding the use of the CRF funds. As soon as these two documents are fully completed and submitted, the Department of Accounts will initiate the transfer of funds to the local Treasurer. Localities may expect to receive the transfer by the state Comptroller within five business days following confirmation of receipt of these completed documents. County and City Elected Officials and Administrators July 28,2020 Page 2 Guidance It is extremely important for you to know that all of the same conditions that existed for the first round of CRF allocations continue for the second round of allocations. To that end, I encourage you to refer to my May 12, 2020,memorandum and to the federal guidance and frequently asked questions located at: https://home.treasurv.gov/policy-issues/cares/state-and-local-governments This information is routinely updated and has been revised several times since my May 12, 2020, memorandum. Compliance with the federal guidance is your responsibility and failure to do so could result in disallowed expenses requiring you to repay the associated funds to the federal government. As stated previously, if you fail to repay any funds spent for nonqualifying expenses as required by the federal government,the state Comptroller will recover such amounts from future state payments to your locality via the State Aid Intercept Program. In addition to the revised federal guidance, on July 2, 2020,the U.S. Treasury's Office of the Inspector General issued information related to reporting and audit requirements that had not been published at the time of my original communication to you. Information regarding the audit and reporting requirements can be found at the same link provided above. Further,the State Comptroller's office has subrecipient monitoring responsibilities that will necessitate evaluation and additional correspondence with localities regarding the use of funds. As a reminder,the overarching federal guidance states that these funds must be used for qualifying expenses of state and local governments. Specifically,the CARES Act provides that payments from the CRF only may be used to cover costs that: 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019(COVID-19); 2. were not accounted for in the budget most recently approved as of March 27, 2020(the date of enactment of the CARES Act)for the State or government; and 3. were incurred during the period that begins on March 1,2020, and ends on December 30, 2020. The federal guidance continues to state that the CRF funds can be used only for the direct costs associated with the response to the COVID-19 pandemic and cannot be used to address revenue shortfalls. State and local government officials have requested that this restriction be lifted or that additional federal funds be provided to address the loss of state and local revenue. To date,no action has been taken by Congress to allow that flexibility or to provide funding for that purpose. CRF funds should be considered "one time"monies and should not be used for ongoing services and/or base operations. Because the funds must be expended by December 30, localities are advised not to create services with expenses beyond that period. Any expenses beyond December 30,2020,must be paid entirely by the locality from local funds. County and City Elected Officials and Administrators July 28, 2020 Page 3 Allocation of CRF Funds to Localities The remaining fifty(50) percent of the locally-based allocations will be distributed to counties and cities by the Department of Accounts(DOA) after receipt from the locality of a new, signed certification form and after completion of a survey on the locality's actual and planned uses of the CRF funds. This distribution will be made to the local treasurer in the same manner that the first round of funds were distributed within five business days following receipt of the completed documents. Each locality's allocation will be based on the proportion that the locality's population represents of the statewide total population. Appendix A reflects the population used by U.S. Treasury to allocate CRF funds to the states. This population data is the basis for determining the allocations to each locality. This table also reflects each locality's share of the remaining distribution based on the population data displayed. Please note that the population data for each county includes the populations of the towns within its borders. Consequently, the allocation indicated for each county includes any allocations based on residents that live in the towns located within that county. Requirements: Survey on the Use of Funds and Certifications General The amounts listed in Appendix A reflect the funds that will be transferred to each locality after: 1. completion of an online survey located at: (NOTE: the link to this survey will be provided by separate communication later this week), and 2. receipt of a certification form(Appendix D) from the locality signed by the chief executive officer, the chief financial officer(Treasurer), and the chief elected officer. Before signing the certification, I recommend that you read and understand the federal guidance and the frequently asked questions contained in Appendix B and Appendix C, respectively. The most recent information on this guidance and the frequently asked questions can be obtained at: https://home.treasurv.gov/policy-issues/cares/state-and-local-governments Please note that the certification statement includes an acknowledgment that you may be required to return funds to the federal government if it is determined that those funds were spent for purposes that do not qualify. Since these funds are being provided to you "up front"rather than on a reimbursement basis, it is important for you to understand that the burden of ensuring that all CRF funds are spent for qualifying purposes falls to the local government. You are responsible for maintaining all necessary documentation to ensure compliance with the federal requirements. The State Comptroller is responsible for all subrecipient monitoring and may require additional information in the future from each locality to address that responsibility. If the federal government determines that you have used CRF funds for purposes that do not qualify, you must return those funds to the state promptly so that they may be returned to the federal government. As a condition of receiving CRF funds, you are agreeing that the state can use state aid intercept to recover any funds necessary for expenses that were not for a qualifying purpose or that were unexpended as of December 30, 2020. County and City Elected Officials and Administrators July 28,2020 Page 4 For Counties Only As previously stated,the population data for each county includes the populations of the towns within its borders. Consequently,the allocation indicated for each county includes any allocations based on residents that live in the towns located within that county. Counties must ensure that an equitable share of the CRF funds it receives are shared with and granted to each town within its jurisdiction. Just as with the funds retained by the county,the funds granted to towns must be spent in accordance with the same requirements and the same documentation must be retained for audit purposes. The county issuing the grant is responsible for the ensuring compliance with each town's documentation requirements and must ensure that the use of the funds meets the requirements set forth by the federal government. Completion of Survey The Commonwealth has partnered with Accenture to create a survey to collect data on how each locality has used or plans to use its allocation of CRF funds. The survey instrument,which must be completed online,will be made available later this week by separate communication. This communication will include instructions regarding access to and completion of the survey. For questions about completion of the survey,please contact Jason Saunders, General Government Coordinator,Department of Planning and Budget, at iason.saunders aAdpb.virginia.gov. We are requesting that this survey be completed no later than 5:00pm,Monday,August 10,2020, so that we may provide a report on the use of the CRF by locality to the General Assembly when it convenes for a special session beginning on August 18,2020. For surveys that are not received by this due date,this report will reflect that the survey results were not received from that locality by the requested due date. More importantly, the survey must be completed, along with submission of the certification form, in order to receive the second distribution of CRF funds. Submission of Certification The certification in Appendix D contains more specific details on the responsibilities of the local governing body. A fillable.pdf form can be downloaded from the Secretary of Finance's Website under"Recent News"at: http://fmance.virginia.gov/ The signed certification form should be submitted no later than August 10,2020, to the Department of Accounts in electronic or hard copy form: By Email to: GACCT@DOA.Virginia.gov By US Mail to: Department of Accounts Attention: Local CRF Certification PO Box 1971 Richmond,VA 23218-1971 If you have any questions regarding the appropriate use of CRF funds,please refer to the U.S. Treasury Website and guidance. For questions about this process, you may contact my office at (804) 786-1148. If you have technical questions about the certification form or the distribution of County and City Elected Officials and Administrators July 28, 2020 Page 5 the funds,please contact Melinda Pearson, Director, General Accounting, Department of Accounts, at melinda.pearsonAdoa.virginia.gov or by phone at 804-225-2376. Appendix D: Certification for Use of Coronavirus Relief Fund Note:Provided for reference only-download a fillable.pdf copy of this form from the Secretary of Finance's Website under "Recent News"at: http://finance.vir2inia.Rov/ CERTIFICATION for RECEIPT of CORONAVIRUS RELIEF FUND PAYMENTS by 'INSERT NAME OF LOCAL GOVERNMENT] We the undersigned represent [insert name of local 2overnmentl (the locality), and we certify that: 1. we have the authority to request direct payment on behalf of the locality from the Commonwealth of Virginia of revenues from the Coronavirus Relief Fund (CRF)pursuant to section 601(b)of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020). 2. we understand that the Commonwealth of Virginia will rely on this certification as a material representation in making a direct payment to the locality. 3. the locality's proposed uses of the funds received as direct payment from the Commonwealth of Virginia under section 601(b) of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27, 2020, for the locality; and c. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. 4. any funds that are not expended or that will not be expended on necessary expenditures on or before December 30, 2020, by the locality or its grantee(s),must be returned to Commonwealth of Virginia no later than December 30, 2020, and that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any such unexpended funds that have not been returned to the Commonwealth within 30 days of December 30, 2020. 5. we understand that the locality will not receive continued funding beyond December 30, 2020, from any source to continue paying expenses or providing services that were initiated or previously supported from CRF funds prior to December 30, 2020. 6. funds received as a direct payment from the Commonwealth of Virginia pursuant to this certification must adhere to official federal guidance issued or to be issued regarding what constitutes a necessary expenditure. 7. any CRF funds expended by the locality or its grantee(s) in any manner that does not adhere to official federal guidance shall be returned to the Commonwealth of Virginia within 30 days of a finding that the expenditure is disallowed, and that the Commonwealth of Virginia is entitled to Appendix D—Local Certification 1 invoke state aid intercept to recover any and all such funds that are not repaid within 30 days of a fmding that the expenditure is disallowed. 8. as a condition of receiving the CRF funds pursuant to this certification,the locality shall retain documentation of all uses of the funds, including but not limited to payroll time records, invoices, and/or sales receipts. Such documentation shall be produced to the Commonwealth of Virginia upon request. 9. the locality must maintain proper accounting records to segregate these expenditures from those supported by other fund sources and that all such records will be subject to audit. 10. any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected revenue collections from taxes, fees,or any other revenue source. 11. any CRF funds received pursuant to this certification will not be used for expenditures for which the locality has received funds from any other emergency COVID-19 supplemental funding (whether state, federal, or private in nature) for that same expense nor may CRF funds be used for purposes of matching other federal funds unless specifically authorized by federal statute, regulation, or guideline. For counties only 12. an equitable share of CRF funds received pursuant to this certification shall be shared with and granted to each town within its jurisdiction. Such grant(s) shall be used solely for necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019(COVID-19),that were not accounted for in the budget most recently approved as of March 27, 2020, and that were incurred during the period that begins on March 1,2020, and ends on December 30, 2020. The county issuing the grant is responsible for the ensuring compliance with the documentation requirements required by this certification and shall ensure that the use of the funds meets the requirements set forth in this certification. We certify that we have read the above certification and our statements contained herein are true and correct to the best of our knowledge. By: By: By: Signature: Signature: Signature: Title: Title: Title: Date: Date: Date: Appendix D—Local Certification 2 ''Aar,,.u ,,,-----,4, _. N ,s iF: 4: tt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Use of CARES Act Funding to Provide Hazard Pay and Volunteer Recognition and to Transfer Funds to Various Departments MEETING DATE: August 4, 2020 • Background: The Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 provides funding for several different programs to address the COVID-19 pandemic. On July 7, 2020, City Council appropriated $39.3 million in CARES Act Funding to the City's Operating Budget. Included within this appropriation, is a $10 million reserve that was set aside for future expenditures as deemed appropriate by City Council. Included within the guidelines of allowable expenditures under the CARES Act is hazard pay for employees that provide substantial in-person services that increases risk of exposure to COVID-19. These positions either perform services to mitigate or respond to the COVID-19 public health emergency, worked directly with patients/clients to provide services such as physical and mental health services, worked directly with clients to provide federal and state benefits, and/or protective services, such as child protective services. Eligible employees work in a face-to-face capacity to provide services and are not working remotely/teleworking. In addition, many of the employees identified for hazard pay did not receive the 12 weeks of childcare leave mandated by the Families First Coronavirus Response Act. These employees were only allowed up to two weeks of Public Health Emergency Leave due to the nature of their positions. City staff has identified approximately 2,273 employees within public safety departments, the Department of Health, and the Department of Human Services that satisfy the hazard pay criteria. The total amount of hazard pay for these positions would total no more than $4,521,300. The employees identified in Health and Human Services are based on initial estimates of qualified positions provided by the departments and are subject to change after further reviews to ensure compliance with the CARES Act. Sworn public safety officials will be given between $1,000 and $2,000 in hazard pay depending on rank, and those in Health and Human Services will be given $1,500. This payment will be given in a lump sum amount in either August or September. The estimated number of positions from each department and hazard pay amount can be found on the attachment document (Exhibit A). Funding for these payments will be supported by a transfer in the amount needed to each department from the $10 million reserve established by Council. In addition to City staff, City Council wishes to recognize the efforts of the volunteer emergency medical services. These volunteers have faced similar risks in their duties, and $60,000 in funding is being made available for volunteer recognition activities through the Volunteer Rescue Squads to be coordinated by the Office of Volunteer Resources and/or the Department of Emergency Medical Services. This funding will also come from the $10 million reserve established by Council. ■ Considerations: Exhibit A provides approximate amounts of funds to be transferred to each department; however, if further review of the duties of the positions deems the position would not be eligible for CARES Act funding, such funds may be retained within the CARES Act reserve for future use as determined by City Council. ■ Public Information: Public information will be provided through the normal City Council agenda process. ■ Attachments: Ordinance, Exhibit A REQUESTED BY CITY COUNCIL REQUESTED BY CITY COUNCIL 1 AN ORDINANCE TO AUTHORIZE THE USE OF 2 CARES ACT FUNDING TO PROVIDE HAZARD 3 PAY AND VOLUNTEER RECOGNITION AND TO 4 TRANSFER FUNDS TO VARIOUS 5 DEPARTMENTS 6 7 WHEREAS, the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 8 2020 provides funding for a number of different programs to address the COVID-19 9 pandemic; 10 11 WHEREAS, the CARES Act allows hazard pay ("Hazard Pay") for employees that 12 provide substantial in-person services that increases the risk of exposure to COVID-19, 13 with the attached Exhibit A providing the approximate amounts and applicable positions; 14 15 WHEREAS, the City's volunteers providing emergency medical services have 16 faced similar risks as that of the City employees who are eligible for Hazard Pay, and 17 consistent with their status as volunteers, the City Council desires to authorize funding 18 for volunteer recognition activities either directly through the Department of Emergency 19 Medical Services and the Office of Volunteer Resources or provided to the volunteer 20 rescue squads that provide services to the residents of the City ("Volunteer Recognition"); 21 22 WHEREAS, the City Council reserved use of $10 million of CARES Act funding 23 when the Council appropriated $39.3 million on July 7, 2020; and 24 25 WHEREAS, the City Council desires to use a portion of this reserved CARES Act 26 funding to provide Hazard Pay to those employees eligible for such pay by the CARES 27 Act and to provide funding for Volunteer Recognition; 28 29 NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA, THAT: 31 32 The City Council hereby authorizes, from the $10,000,000 of CARES Act funds 33 previously reserved, the use of an amount up to $4,521,300 for Hazard Pay and $60,000 34 for Volunteer Recognition. For those amounts authorized for Hazard Pay, the 35 incorporated Exhibit A provides approximate amounts of funds to be transferred to each 36 department; provided if the review of the noted position provides that such position would 37 not be eligible for CARES Act funding, such funds may be retained within the reservation 38 of CARES Act funding for future action by the City Council. Of the amounts set forth for 39 Volunteer Recognition, the City Manager is authorized to make funds available to the 40 volunteer rescue squads for recognition activities. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APP D AS TO LEGAL SUFFICIENCY: -Ci Qmey s Office CA15123 R-7 July 28, 2020 Exhibit A Hazard Pay Hazard Pay FICA/ Position Filled Amount Total Medicare Total Departmental Total Police Police Recruit 46 2,000 92,000 7,038 99,038 Police Officer I 168 2,000 336,000 25,704 361,704 Police Officer II 92 2,000 184,000 14,076 198,076 Master Police Officer 354 2,000 708,000 54,162 762,162 Sergeant 94 2,000 188,000 14,382 202,382 Lieutenant 26 1,000 26,000 1,989 27,989 Police Captain 12 - - - - Police Deputy Chief 3 - - - - Chief 1 - - - - 1,651,351 Fire Department Firefighter Recruit 1 2,000 2,000 153 2,153 Firefighter 118 2,000 236,000 18,054 254,054 Firefighter Medic 16 2,000 32,000 2,448 34,448 Master Firefighter 157 2,000 314,000 24,021 338,021 Master Firefighter Medic 55 2,000 110,000 8,415 118,415 Fire Captain 102 2,000 204,000 15,606 219,606 Battalion Chief 25 1,000 25,000 1,913 26,913 District Chief 6 - - - - Deputy Chief 2 - - - - Chief 1 - - - - 993,610 Emergency Medical Services Paramedic 30 2,000 60,000 4,590 64,590 Senior Paramedic 16 2,000 32,000 2,448 34,448 EMS Captain 11 2,000 22,000 1,683 23,683 EMS Brigade Officer 6 1,000 6,000 459 6,459 EMS Division Officer 4 - - - - EMS Deputy Chief 2 - - - - Chief 1 - - - - 129,180 Sheriffs Office Deputy Recruit 32 2,000 64,000 4,896 68,896 Deputy I 122 2,000 244,000 18,666 262,666 Deputy II 35 2,000 70,000 5,355 75,355 Master Deputy 123 2,000 246,000 18,819 264,819 Corporal 35 2,000 70,000 5,355 75,355 Sergeant 43 2,000 86,000 6,579 92,579 Lieutenant 12 1,000 12,000 918 12,918 Captain 8 - - - - Chief Deputy 3 - - - - Sheriff 1 - - - - 852,588 Human Services/Department of Health/Other Health Department 6 1,500 9,000 689 9,689 HS Positions Interacting w/Public TBD 548 1,500 822,000 62,883 884,883 894,572 Total CARES Act Eligible-Vice Mayor Wood Recommendation from July 21st Coundl Meeting 4,521,300 ry H'•y.C• ....,;, ,, 44Lti t- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Suspend Provisions of the City Code Regarding Penalties and Interest Upon Certain Local Taxes During the COVID-19 Pandemic MEETING DATE: August 4, 2020 • Background: The Virginia Code empowers a local governing body to impose penalties and interest for late filing or late payment of local taxes, and implicit in such power is the ability to suspend penalties and interest. The City Manager has declared a local emergency during the current COVID-19 Pandemic (the "Emergency"). Widespread closures, social distancing, and recommendations to avoid public gatherings have created financial burdens all of the taxpayers of the City. • Considerations: The City Council desires to provide additional time for taxpayers to pay certain taxes without penalty and interest, which may give taxpayers the option to delay payment when cash flow is adversely affected by the financial impact of the Emergency. The City Council previously suspended late payment penalties and interest for failure to pay real estate and personal property taxes until August 1, 2020. This ordinance extends the suspension of late payment penalties and interest until October 1, 2020. This change will be challenging for the City Treasurer to implement and will require the Treasurer's vendor to reprogram the collection system. Also, although the ordinance provides that the effective date is August 1, 2020, the City Council will not vote on this item until the evening of August 4, 2020, by which time the collection system will have already imposed the penalties and interest that would begin accruing after August 1 based on the prior suspension ordinance that Council adopted on April 7, 2020. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Requested by Councilmember Wooten REQUESTED BY COUNCILMEMBER WOOTEN 1 AN ORDINANCE TO SUSPEND PROVISIONS OF 2 THE CITY CODE REGARDING PENALTIES AND 3 INTEREST UPON CERTAIN LOCAL TAXES 4 DURING THE COVID-19 PANDEMIC 5 6 WHEREAS, the Virginia Code empowers a local governing body to impose 7 penalties and interest for late filing or late payment of local taxes, and implicit in such 8 power is the ability to suspend penalties and interest; 9 10 WHEREAS, the City Manager has declared a local emergency during the current 11 COVID-19 Pandemic (the "Emergency"); 12 13 WHEREAS, widespread closures, social distancing, and recommendations to 14 avoid public gatherings have created financial burdens all of the taxpayers of the City; 15 16 WHEREAS, the City Council desires to provide additional time for taxpayers to pay 17 certain taxes without penalty and interest, which may give taxpayers the option to delay 18 payment when cash flow is adversely affected by the financial impact of the Emergency; 19 20 WHEREAS, the City Council previously suspended late payment penalties and 21 interest for failure to pay real estate and personal property taxes until August 1, 2020; 22 23 WHEREAS, the City Council desires to extend the suspension of late payment 24 penalties and interest for an additional period of time. 25 26 NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA THAT: 28 29 1. The City Council hereby suspends late payment penalties and interest for failure 30 to pay real estate and personal property taxes from the date prescribed in the City Code 31 until October 1, 2020. Any payment of such taxes after October 1, 2020 may incur a late 32 payment penalty and interest upon such payment would begin accruing on October 2, 33 2020. 34 35 2. The effective date of this ordinance is August 1, 2020. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15131/R-2/July 30, 2020 SfoS 7 y 4, ,.- Ill CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 2-85 of the City Code Regarding Accrual of Leave by Part-Time Employees MEETING DATE: August 4, 2020 • Background: Section 2-85(b) of the City Code provides for leave accrual for part-time employees. In the FY2021 Budget Package, the City Council adopted a series of ordinances and resolutions, and one item included an amendment of Section 2-85(b) to increase part-time leave accrual from 48 hours to 54 hours. This document was inadvertently formatted as a resolution when it should have been an ordinance. There was another portion of the resolution in the Budget Package that amended Section 2-85(b), which concerned the paid time off (PTO) accrual for hybrid employees. That policy update did not require an ordinance, and it has been implemented in accordance with the intent of Council. • Considerations: The operative content of the attached ordinance is identical to the content approved by the City Council on May 12, 2020, except that it is titled as an ordinance and includes the phrase "be it ordained." This action is necessary to effectively enact the intent of City Council to increase the part-time leave accrual limit from 48 hours to 54 hours. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Attorney's Office City Manager: '09 1 AN ORDINANCE TO AMEND SECTION 2-85 OF 2 THE CITY CODE REGARDING ACCRUAL OF 3 LEAVE BY PART-TIME EMPLOYEES 4 5 WHEREAS, Section 2-85(b) of the City Code provides for leave accrual for part- 6 time employees; 7 8 WHEREAS, the FY2021 Budget Package included an item that amended Section 9 2-85(b) to increase part-time leave accrual from 48 hours to 54 hours, and this document 10 was inadvertently formatted as a resolution when it should have been an ordinance; 11 12 WHEREAS, the operative language of this ordinance is identical to the content 13 approved by City Council on May 12, 2020, except that it is titled as an ordinance and 14 includes the phrase "be it ordained;" 15 16 WHEREAS, this action is necessary to effectively enact the intent of City Council 17 in the adoption of the resolution in the FY2021 Budget Package. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 Section 2-85(b) of the City Code is hereby amended and reordained to read as 23 follows: 24 25 Sec. 2-85. — Same — Taking not required; limitations on accumulation. 26 27 ... 28 29 (b) Part-time employees hired on or after July 1, 1996, shall not be allowed to carry more 30 than fedy-eight(48)fifty-four (54) hours of accumulated personal leave from one calendar 31 year to the next, nor shall part-time employees receive any monetary payout upon 32 termination of employment for their accumulated personal leave. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: r ey's O ice CA15114 R-2 July 21. 2020 )11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Location for the Point O'View Precinct MEETING DATE: August 4, 2020 ■ Background: On June 23, 2020, the Virginia Beach Electoral Board voted to move the Point O'View Precinct polling location. The decision was required because the Kempsville Church of Christ requested to no longer be used as a polling location. The new polling location will be at Point 0' View Elementary School, located at 5400 Parliament Drive, which is next door to the old polling location. ■ Considerations: Point O'View Elementary School meets Americans with Disabilities Act requirements. Upon approval by the City Council, the new polling location will be available for the November General and Special Elections. ■ Public Information: As required by Virginia Code § 24.2-306(B), notice of this proposed change will be published in the newspaper once a week for two consecutive weeks. All registered voters within the election district will receive a new voter notice identifying the name and address of the new polling location. Additionally, an advertisement will be placed in the newspaper prior to the November General and Special Elections. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance; Map Recommended Action: Approval Submitting Department/Agency: Department of Elections/General Registrar ce City Manager q,... itL' fU a MAP S"""`3 t\ ,•` i ---s.-"r"., : -:*--47'''' V• :'*-11----:i--47.`'b.,•••1";;'•"<",t-'..:ii':7-.vz= -7--;•'" :- ••%• V , \ ' \-vs, ....,.,. , :' .-7,:-.,.ii--,-'....t-s?---•:-;--z.---I- --•[-f— '-,:,/-.-/_-,'-?4,-,,/'---,--1 qi,-.',.,,',- f. --f-k-----Ei-4k- S ,, + ,.'?&"e--t.hi,.,-.isl 7._ _.fir �._.e .____ _ `- _ -_ ___. 7 /1i_1g --_ . ir yam, ., : :._,,, , t •- R�,T, &ti r• • •y, i ilk. V N ��'W �1 � 2 F - air l _:91:1„:, . 'i?: • , ,J.., • ,.. �' ;A r• G. �# . ,,.. ft� „ , , tom_ , . 'lq h� _ `'Iv , - -- ,7 / ` �� fr trq�r� " •`� � i £ S - xi, / I,r�da �1j` -a � Pa r \ w '� }f� . Hun 9tt ,„/ * fI l f � Move Point O'View Precinct Polling Place from Kempsville Church of Christ to Point O'View Elementary School. 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATION FOR THE 3 POINT O'VIEW PRECINCT 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 Section 10-1 of the City Code is hereby amended and reordained to read as 9 follows: 10 11 Sec. 10-1. Establishment of precincts and polling places. 12 13 There are hereby established in the city the following precincts and their respective 14 polling places, as set forth below: 15 16 Precinct Polling Place 17 18 Alanton Alanton Elementary School 19 Aragona Bayside Sixth Grade Campus 20 Arrowhead Arrowhead Elementary School 21 Avalon Woodstock Elementary School 22 Baker Ebenezer Baptist Church 23 Bayside Bayside Elementary School 24 Bellamy Salem Middle School 25 Blackwater Blackwater Fire Station 26 Bonney Discovery Church 27 Brandon Brandon Middle School 28 Brookwood Brookwood Elementary School 29 Buckner Green Run Baptist Church 30 Cape Henry Research and Enlightenment Building (Edgar 31 Cayce Library) 32 Capps Shop Back Bay Christian Assembly 33 Centerville Centerville Elementary School 34 Chesapeake Beach Bayside Baptist Church 35 Chimney Hill Rosemont Elementary School 36 College Park College Park Elementary School 37 Colonial Colonial Baptist Church 38 Colony Lynnhaven Colony Congregational Church 39 Corporate Landing Corporate Landing Middle School 40 Courthouse Kellam High School 41 Creeds Oak Grove Baptist Church 42 Cromwell Salem United Methodist Church 43 Culver Ocean Lakes High School 44 Dahlia Green Run High School 45 Dam Neck Corporate Landing Elementary School 46 Davis Corner Bettie F. Williams Elementary School 47 Eastern Shore Eastern Shore Chapel 48 Edinburgh St. Aidan's Episcopal Church 49 Edwin Kempsville Middle School 50 Fairfield Kempsville Presbyterian Church 51 Foxfire Wave Church 52 Glenwood Glenwood Elementary School 53 Great Neck All Saints Episcopal Church 54 Green Run Green Run Elementary School 55 Haygood Haygood United Methodist Church 56 Hillcrest New Castle Elementary School 57 Holland Holland Elementary School 58 Homestead Providence Presbyterian Church 59 Hunt Princess Anne Recreation Center 60 Independence Water's Edge Church 61 Indian Lakes Indian Lakes Elementary School 62 Indian River San Lorenzo Spiritual Center 63 Kings Grant St. Nicholas Catholic Church 64 Kingston King's Grant Presbyterian Church 65 Lake Christopher New Covenant Presbyterian Church 66 Lake Joyce Morning Star Baptist Church 67 Lake Smith Bayside Church of Christ 68 Landstown Landstown Community Church 69 Larkspur St. Andrews United Methodist Church 70 Lexington Larkspur Middle School 71 Linkhorn Virginia Beach Community Chapel 72 Little Neck Lynnhaven United Methodist Church 73 London Bridge London Bridge Baptist Church 74 Lynnhaven Cape Henry Church 75 Magic Hollow Virginia Beach Moose Family Center 76 Malibu Malibu Elementary School 77 Manor Providence Elementary School 78 Mt. Trashmore Windsor Woods Elementary School 79 Newtown Good Samaritan Episcopal Church 80 North Beach Galilee Episcopal Church 81 North Landing Hope Haven 82 Ocean Lakes Ocean Lakes Elementary School 83 Ocean Park Bayside Community Recreation Center 84 Oceana The Gathering at Scott Memorial United 85 Methodist Church 86 Old Donation Calvary Baptist Church 87 Pembroke Pembroke Elementary School 88 Pinewood Lynnhaven Presbyterian Church 89 Plaza Lynnhaven Elementary School 90 Pleasant Hall Emmanuel Episcopal Church 91 Point O'View Point O'View Elementary School 92 Kempsville Church of Christ 93 Red Wing Seatack Elementary 94 Rock Lake Salem Elementary School 95 Rosemont Forest Rosemont Forest Elementary School 96 Roundhill Salem High School 97 Rudee W. T. Cooke Elementary School 98 Salem Woods Parkway Elementary School 99 Sandbridge Tabernacle United Methodist Church 100 Seatack Mount Olive Baptist Church 101 Shannon Church of the Ascension 102 Shelburne Christopher Farms Elementary School 103 Shell Unity Church of Tidewater 104 Shelton Park Shelton Park Elementary 105 Sherry Park St. Matthews Catholic Church 106 Sigma Red Mill Elementary School 107 South Beach Contemporary Art Center of Virginia 108 Stratford Chase Community United Methodist Church 109 Strawbridge Strawbridge Elementary School 110 Tallwood Tallwood Elementary School 111 Thalia Thalia Elementary School 112 Thoroughgood Independence Middle School 113 Timberlake White Oaks Elementary School 114 Trantwood Great Neck Baptist Church 115 Upton Three Oaks Elementary School 116 Village Thalia Lynn Baptist Church 117 Windsor Oaks Windsor Oaks Elementary School 118 Witchduck Bayside Presbyterian Church 119 Wolfsnare Virginia Beach Christian Life Center 120 Central Absentee Voter AgricultureNoter Registrar Building 121 Precinct Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: . �}I Voter Re istrar tt mey's ce CA15124 R-1 July 22, 2020 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Adopted FY 2020-21 Capital Improvement Program Project Description and Scope for CIP #9-068 Dome Site Development Acquisition to Authorize the Acquisition of Property by the City of Virginia Beach Development Authority MEETING DATE: August 4, 2020 • Background: On November 19, 2019, the City Council enacted a resolution that authorized the execution of the Dome Site Development Agreement. This same action established a new capital project, CIP #9-068 Dome Site Development Acquisition, and appropriated $9 million to the new project. This capital project is intended to allow the purchase of real property for the Dome Project within the vicinity of the Dome Site as needed and from willing sellers during the planning of the Dome Site Project. The acquisition of properties may become necessary as the City and the Developer determine where best to locate the parking, entertainment venue, surf park, and other elements of the vision for what will become Atlantic Park. While the capital project was authorized in November 2019, the actual project page first appeared in the FY 2020-21 Capital Improvement Program. The "Description and Scope" of the Project Page includes reference to the City, but it is not clear as to whether the City has to be the purchaser of properties for the Dome Project. The Development Agreement is structured to have the City of Virginia Beach Development Authority (the "VBDA") be the owner of the real property within the Project boundaries. Accordingly, to be consistent with the Development Agreement, the description and scope of CIP #9-068 requires amendment to allow the funds appropriated in the CIP be made available to the VBDA for the purpose of acquiring property. • Considerations: The purpose of this action is to avoid duplicative transactions wherein the City purchases property and, subsequently, transfers the property to the VBDA. The VBDA and City Council approvals of the Development Agreement each require the City Manager to consult with City Council prior to any purchase of property using CIP #9-068. • Public Information: Normal City Council agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance; Project Page (#9-068) Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager:e9 1 AN ORDINANCE TO AMEND THE ADOPTED FY 2020- 2 21 CAPITAL IMPROVEMENT PROGRAM PROJECT 3 DESCRIPTION AND SCOPE FOR CIP #9-068 DOME 4 SITE DEVELOPMENT ACQUISITION TO AUTHORIZE 5 THE ACQUISITION OF PROPERTY BY THE CITY OF 6 VIRGINIA BEACH DEVELOPMENT AUTHORITY 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That the "Description and Scope" of CIP# 9-068, Dome Site Development 12 Acquisition, within the FY 2020-21 Capital Improvement Program is hereby amended to 13 include the following: "Consistent with the Development Agreement for the Dome Site, 14 the funds appropriated to this project may be made available to the City of Virginia Beach 15 Development Authority to allow the Authority to be the purchaser and owner of such 16 property(ies)." Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bucket and Management Services City e 's Office CA15122 R-1 July 9, 2020 City of Virginia Beach FY 2021 thru FY 2026 Capital Improvement Program Project: 9068000 Title:Dome Site Development Acquisition Status: Approved Category: Economic and Tourism Development I Department: Strategic Growth Areas Ranking: 0 Project Type Project Location Project Type: Site Acquisition District: Beach Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed C1P Funding Future Funding To Date FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Funding 9,000,000 9,000,000 0 0 0 0 0 0 0 Description and Scope Ihis project provides funding for the voluntary acquisition of property in the area surrounding the Dome site and for costs associated with utility relocation and nstallation related to the project. Purpose and Need Phis project will help develop the Resort's Central Beach Entertainment District which was proposed to create a year-round,first class,urban resort destination. Phis project is essential to ensure the successful construction of the Dome Site. History and Current Status this is a new project in the FY 2020-21 CIP after being created and funded by City Council on November 19,2019.This project is funded using fund balance from :he Tourism Investment Program fund. Operating Budget Impacts • Project Map Schedule of Activities Project Activities From-To Amount Site Acauisition 11/19-06/24 9,000,000 Total Budgetary Cost Estimate: 9,000,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 9,000,000 Total Funding: 9,000,000 c ft-C,.Ifl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $300,000 from the Landmark Foundation and to Reauthorize Grant-Funded Positions for the Baby Care Program MEETING DATE: August 4, 2020 • Background: The Virginia Beach Baby Care Program (the "Program") began in FY 2014-15 with an initial donation of$900,000 from the Landmark Foundation. The original grant was intended to fund the program for three years and was received by the City in three equal payments of $300,000 in FY 2014-15, FY 2015-16, and FY 2016-17. To support the Program, 5.76 FTEs were established in the Health Department's Operating Budget, and these positions were funded utilizing the donation funding. Due to consistent position vacancies within the Program, the initial donation amount stretched through FY 2019-20. At the end of FY 2019-20, the Program had only $28,746 in funding remaining. The Program provides home visitation by Registered Nurses for families that are expecting and with young children up to age two, and participation in the Program is open to Virginia Beach residents who qualify for Medicaid. Specially trained Baby Care nurses provide behavioral risk screening, comprehensive case management services, and expanded prenatal services to improve the medical, developmental, and health outcomes for expectant mothers and their babies. To support this program, five (5.0) FTEs are needed within the Health Department. These positions include one full-time nurse supervisor, two full-time registered nurses, one full- time administrative staff member, one part-time (0.5 FTE) administrative staff member, and one part-time (0.5 FTE) outreach worker. • Considerations: The Program completed a successful review with the Landmark Foundation in Fall 2019 and was awarded an additional $300,000 on June 30, 2020 to continue the program in FY 2020-21 . The Landmark Foundation remains supportive of the program for future funding renewal opportunities. There is no local match requirement for this grant. If the grant does not continue after FY 2020-21, the City is not obligated to support this program, and the attached ordinance expressly provides that these grant- funded positions are contingent upon future grant funding. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach Public Health Department City ManageriV 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE$300,000 2 FROM THE LANDMARK FOUNDATION AND TO 3 REAUTHORIZE GRANT-FUNDED POSITIONS FOR THE 4 BABY CARE PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $300,000 is hereby accepted from the Landmark Foundation and appropriated, 10 with revenues increased accordingly, to the FY 2020-21 Operating Budget of the 11 Public Health Department for the Baby Care Program; and 12 13 2) Five (5.0) FTEs are hereby reauthorized in the Public Health Department, 14 including one full-time nurse supervisor, two full-time registered nurses,one full- 15 time administrative staff member, one part-time (0.5 FTE) administrative staff 16 member, and one part-time (0.5 FTE)outreach worker, provided these positions 17 are contingent upon future grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A e s Office CA15125 R-1 July 22, 2020 I. PLANNING 1. WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions re home of the aged, disabled and handicapped for the properties located at 3100 Shore Drive (Approved November 14, 1977) DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. CITY OF VIRGINIA BEACH—Resolution to APPROVE a freestanding sign in accordance with City Zoning Ordinance(CZO) Section 905 (f)(5) for Kempsville Volunteer Rescue Squad, Inc., DISTRICT 2—KEMPSVILLE STAFF RECOMMENDATION: APPROVAL THE FOLLOWING ITEMS WILL BE DEFERRED TO AUGUST 25,2020 3. JACOB SHORT for a Conditional Use Permit re short term rental at 4905 Mandan Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. YOUR NOT ALONE,LLC & DONALD & DEBRA WALKER REVOCABLE TRUST for a Conditional Use Permit re short term rental at 207 79th Street, Unit C DISTRICT 5— LYNNHAVEN RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 5. LISA C. EURE/LISA C EURE, RITA BIANCHI & MICHAEL BURNS for a Conditional Use Permit re short term rental at 2312 Red Tide Road, Unit A DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 6. ATLANTIC DEVELOPMENT ASSOCIATES,LLC for a Conditional Use Permit re short term rental at 112A 56th Street DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 7. CEBT PROPERTIES, LLC for a Conditional Use Permit re short term rental at 201 64th Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 8. LA PAZ, LLC for Conditional Use Permit re short term rental at 2565 Shore Drive: a. Unit A b. Unit B DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 9. OCEAN RENTAL PROPERTIES, LLC for a Conditional Use Permit re short term rental at 2216 Baltic Avenue, Unit B DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. WILLIAM J.WRIGHT,JR. for a Conditional Use Permit re short term rental at 909 Pacific Avenue, Unit A DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. CARLIN CREATIVE CONCEPTS, LLC for a Conditional Use Permit re short term rental at 901 Pacific Avenue Unit B DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 12. NATHAN BOLLING for a Conditional Use Permit re short term rental at 423 21 sc 'h Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 13. DAWN WYATT for a Conditional Use Permit re short term rental at 609 Bayway Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 14. NEW JERUSALEM CHURCH for a Conditional Use Permit re short term rental at 101 Bishop Thoroughgood Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 15. AUSTIN BOYLES & STAR BOYLES for a Conditional Use Permit re short term rental at 1804 Baltic Avenue, Unit E DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 16. MCLESKEY & ASSOCIATES / FWM RESIDENTIAL RENTAL PROPERTIES, LLC for Conditional Use Permits re short term rentals: a. 409 Southside Road b. 441 Southside Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 17. MCLESKEY & ASSOCIATES /RUDEE HEIGHTS PROPERTIES,LLC for Conditional Use Permits re short term rentals at 1405 Cypress Avenue: a. Unit A b. Unit B DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 18. JADE VACATIONS, LLC /JOSEPH CLARK for a Conditional Use Permit re short term rental at 329 25th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 19. ANDREAS LOIZOU for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 102 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 20. PROLIFIC PROPERTIES, LLC for a Conditional Use Permit re short term rental at 1047 Coastaway Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 21. JOHN KEENAN for a Conditional Use Permit re short term rental at 410 Terrace Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 22. LONGCREEK,LLC for Conditional Use Permits re short term rentals at 4005 Atlantic Avenue: a. Unit 110 b. Unit 111 c. Unit 210 d. Unit 212 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL ro 8`• sa i F;:ri NOTICE OF PUBLIC HEARING The regular meeting of the Virginia Beach City Council will be held at the Convention Center located at 1000 19t'Street, Virginia Beach,Virginia,on Tuesday,August 4,2020 at 6:00 p.m.,at which time the following applications will be heard: Westminster Canterbury on Chesapeake Bay[Applicant&Owner]Modification of Conditions 3100 Shore Drive,properties located at intersection of Starfish Road &Ocean Shore Avenue(GPINs 1590004510, 1590100553, 1590101535, 1590102542.1590009984,1590009705&1590100956)COUNCIL DISTRICT-LYNNHAVEN Ocean Rental Properties,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)2216 Baltic Avenue.Unit B (GPIN 2417989729)COUNCIL DISTRICT-BEACH Your Not Alone,LLC[Applicant]Your Not Alone,LLC&Donald&Debra Walker Revocable Trust[Owners]Conditional Use Permit(Short Term Rental)207 79th Street,Unit C(SPIN 24195873653207)COUNCIL DISTRICT-LYNNHAVEN Lisa C. Eure [Applicant & Owner] Conditional Use Permit (Short Term Rental) 2312 Red Tide Road, Unit A (GPIN 15902024690001)COUNCIL DISTRICT-LYNNHAVEN Atlantic Development Associates,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)112A 56th Street (GPIN 2419803545)COUNCIL DISTRICT-LYNNHAVEN CEBT Properties, LLC [Applicant & Owner] Conditional Use Permit (Short Term Rental) 201 64th Street (GPIN 24197321940201)COUNCIL DISTRICT-LYNNHAVEN William J.Wright,Jr.[Applicant&Owner]Conditional Use Permit(Short Term Rental)909 Pacific Avenue,Unit A(GPIN 24272444111005)COUNCIL DISTRICT-BEACH Carlin Creative Concepts,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)901 Pacific Avenue Unit B (SPIN 24272444110945)COUNCIL DISTRICT-BEACH Nathan Bolling [Applicant & Owner] Conditional Use Permit (Short Term Rental) 423 21st ' Street (GPIN 24270823850001)COUNCIL DISTRICT-BEACH Dawn Wyatt[Applicant&Owner] Conditional Use Permit(Short Term Rental)609 Bayway Road(GPIN 2417286565) COUNCIL DISTRICT-BEACH New Jerusalem Church[Applicant&Owner]Conditional Use Permit(Short Term Rental)101 Bishop Thoroughgood Avenue (GPIN 2417537514)COUNCIL DISTRICT-BEACH Austin Boyles&Star Boyles[Applicants&Owners]Conditional Use Permit(Short Term Rental)1804 Baltic Avenue,Unit E (GPIN 2427072276)COUNCIL DISTRICT-BEACH McLeskey&Associates[Applicant]FWM Residential Rental Properties,LLC[Owner]Conditional Use Permit(Short Term Rental)409 Southside Road(SPIN 242 7 2 1633 7)COUNCIL DISTRICT-BEACH McLeskey&Associates[Applicant]FWM Residential Rental Properties,LLC[Owner]Conditional Use Permit(Short Term Rental)441 Southside Road(GPIN 242 7 2 14001)COUNCIL DISTRICT-BEACH McLeskey&Associates[Applicant]Rudee Heights Properties,LLC[Owner]Conditional Use Permits(Short Term Rentals) 1405 Cypress Avenue,Units A&B(GPIN 2417956691)COUNCIL DISTRICT-BEACH La Paz, LLC[Applicant&Owner] Conditional Use Permit(Short Term Rental)2565 Shore Drive, Units A& B (GPIN 1590710928)COUNCIL DISTRICT-LYNNHAVEN JADE Vacations,LLC[Applicant]Joseph Clark[Owner]Conditional Use Permit(Short Term Rental)329 25th Street(GPIN 24280030615030)COUNCIL DISTRICT-BEACH Andreas Loizou[Applicant&Owner]Conditional Use Permit(Short Term Rental)4005 Atlantic Avenue,Unit 102(GPIN 24 2 805 14483 7 60)COUNCIL DISTRICT-BEACH Jacob Short[Applicant&Owner]Conditional Use Permit(Short Term Rental)4905 Mandan Road(GPIN 1477231783) COUNCIL DISTRICT-BAYSIDE Prolific Properties. LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental) 1047 Coastaway Drive(GPIN 2417656259)COUNCIL DISTRICT-BEACH John Keenan[Applicant&Owner]Conditional Use Permit(Short Term Rental)410 Terrace Avenue(GPIN 2427128606) COUNCIL DISTRICT-BEACH Longcreek,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)4005 Atlantic Avenue,Units 110,111, 210&212(GPIN 2428051448)COUNCIL DISTRICT-BEACH CITY OF VIRGINIA BEACH-A Resolution to Approve a freestanding sign in accordance with City Zoning Ordinance Section 905(f)(5)for Kempsville Volunteer Rescue Squad,Inc. Copies of the proposed ordinances,resolutions and amendments are on file and may be examined in the Department of Planning or online at http://www-vbgov.com/pc.For information call 385-4621. Any citizen wishing to make comments virtually during the public hearing should follow a two-step process provided below: •Register for the WebEx at h�s:(/lvbgov.we bex.co m/vhsov/onstsse/e.p h o?M TI D=ef4f9b 58e 1d5751f4f52e3093ddce3ff0 •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbgov.com prior to 5:00 p.m. on August 4,2020 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 G CAMN•L,h.I0 P.hdv OR 7110n_1 TIL/r rAru •• � :. x �� W Li O go • Lo i CO il\' ------, jci L� Road O ,,,A\k 0 Ili'-'6-Lr', . k____'; ..0, \-------, , cNiv, CD co ‘- . -Op ----- ' ' , 1 4 y f� • `;% - rc n. N .- - 4V__ ' ,C---\ . -NA .i'l , tt too i�, .D• ..• CU.V------f6 - 9 '. ,---p" ‘. A.\\\,\\ l.k. %„v, \ •a s N, 2 -1k\••.,\ '''''*V 0 CO \, ,ct:,'_;,)\'. \‘ \\\\N?c,1 V____\ ‘_,_, ...,‘ ,sk.N.\ o \\ k'' 41 N. , S' 4 - .0 r 1_ u) . 1, N. m �NO ,_:_,Cl_ '� oc Nsi. \ \ , v‘ N.:\.\•:•iir f--14.--_---A cu ,-- 0 el \ 1 , „„..,. ail \L___.WM . a) In mr r rN CO _ aVe 13• ash \ " t, E J O � N a * een- `rest �� \71\r"\-i-Oisill • _ - _ -•ram t:w C� c�.- 1".---------0, N C •m C O O fC 7 Z -- -. .4.1,-,00-, ., :a in a. N a m \ .,.. IN <cy.„-_ , a , mn --1 ...) 4,..J Sj 4 =; CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: WESTMINSTER CANTERBURY ON CHESAPEAKE BAY [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Home for the Aged, Disabled & Handicapped) for the properties located at 3100 Shore Drive (GPINs 1590004510,1590100553, 1590101535, 1590102542, 1590009984, 1590009705, 1590100956). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: August 4, 2020 • Background: In 1977, a Conditional Use Permit was granted to the property for a Home for the Aged, Disabled and Handicapped to operate a Continuing Care Retirement Community. Two modifications to the Conditional Use Permit have been granted since then. The first in 1998 allowed the construction of a 14-story building containing 164 independent living units bringing the total unit count to 627. The second in 2008 permitted the construction of an additional parking structure for a net gain of 142 parking spaces for the campus. The applicant, Westminster Canterbury on Chesapeake Bay (WCCB) now proposes an expansion of the independent living, assisted living, and memory care facilities, which requires a Modification to the existing Conditional Use Permit. The expansion includes incorporating adjacent properties into the campus for the construction of two buildings, a 22-story independent living building and a seven- story healthcare building containing up to 217 independent living units, 75 assisted living units, and 48 memory care units. The expansion will result in the redevelopment of several properties adjacent to the campus that are now owned by the applicant including the Casa del Playa Condominiums, the former Lynnhaven Fishing Pier, and a surface parking lot along Ocean Shore Avenue. In addition, two elevated pedestrian bridges are proposed over Ocean Shore Avenue and Starfish Road to provide indoor connections between the proposed buildings and the facilities on the existing WCCB campus. The applicant also proposes to relocate the existing 20-foot wide public beach access easement from its current location at the intersection of Ocean Shore Avenue and Starfish Road to the northeastern property line to accommodate the construction of the independent living building. Both the encroachment into the right-of-way by the pedestrian bridges and the relocation of the beach access easement will require authorization by City Council at a later date. Westminster Canterbury on Chesapeake Bay Page 2 of 5 ■ Considerations: The request is consistent with the Comprehensive Plan's goals and policies for the Suburban Area Bayfront Community, adjacent to the Shore Drive Corridor Focus Area. These goals and policies include the preservation and protection of the character, economic value, and aesthetic quality of established neighborhoods. The Shore Drive Corridor Plan, which is adopted by reference as an amendment to the Comprehensive Plan, is more specific about goals. It calls for protecting, restoring and enhancing the Shore Drive corridor and encouraging development and redevelopment of the corridor as an attractive residential community. In Staffs view and the Planning Commission concurred, the proposal is generally reflective of the vision set forth in these plans through the use of high quality architecture and building materials, and an attractive well-designed proposal while expanding senior housing and care options. Consistent with the Shore Drive Corridor Design Guidelines, the articulation proposed on new buildings' facades will provide visual interest and incorporate wall plane projections and recesses to break up the expansiveness of the exterior. The exterior colors will be low reflectance and subtle. The existing circulation pattern will remain essentially the same. According to Traffic Engineering Staff, the proposal will not result in an increase in average daily trips (ADT) over the former land uses on these sites that included a 10,300 square foot restaurant (Lynnhaven Fish House) and 30 condominium units. In fact, the evaluation indicates the potential for a slight decrease in ADTs. A reconfiguration of the surface parking lot on the main campus and a secondary lot adjacent to Starfish Road will increase the yield of surface spaces to 210 spaces. The proposed garage that will primarily serve the new independent living building will have 399 parking spaces and the new healthcare building will have 55 surface parking spaces. This parking combined with the 432 structured parking spaces on the main campus yields a total of 1,096 parking spaces, exceeding the minimum requirement of 774 spaces. Given that the property to be redeveloped consists primarily of impervious cover, the proposed improvements will not result in a significant change to the amount of stormwater runoff generated by the development. The applicant is considering Low Impact Development options to reduce runoff and pollutant loads. These options may include infiltration of stormwater by bioretention, permeable pavers, and rain gardens. The stormwater management plan will be reviewed in detail during final site plan review. In response to potential issues related to shadows cast by the new buildings, the applicant submitted a comprehensive shadow study that described the greatest impact to adjacent properties to the east will be during the afternoon hours during the months of February and October. During the summer months, the impact will be considerably less. Westminster Canterbury on Chesapeake Bay Page 3 of 5 The FAA conducted an aeronautical study and determined that the proposed 22- story, 250-foot tall building will not exceed obstruction standards and will not be a hazard to air navigation. There is no building height maximum in the B-4 district per Section 904(d) of the Zoning Ordinance other than meeting the FAA requirements. Because the 22-story building is designated for independing living it is essentially an apartment building and as such the City Fire Marshall has no objections to the height. The applicant met with the Bayfront Advisory Commission, the Senior Housing Advisory Committee, as well as with several civic leagues and community groups. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. The application was considered by the Planning Commission on March 11 , 2020 at which time they passed a motion by a recorded vote of 5-2, with 1 abstention, to recommend approval of the request. For that hearing, Staff received 50 letters of support and 47 letters in opposition. There were 24 speakers at the public hearing. Those opposed expressed concerns regarding a perception with a lack of conformance with the goals and policies of the Shore Drive Corridor Plan; displeasure with the proposed building height and density; fear of increased traffic; inadequate amount of parking; fear of wind shear and shadow impacts; and, general stormwater management and runoff comments. Following the Planning Commission meeting, the applicant has offered an additional condition, Condition No. 9, as indicated by underlined text, to ensure that the effects of the dock area and trash bays for the independent living building will be adequately mitigated on the adjacent property to the east. • Recommendation: On March 11, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 5-2, with 1 abstention. 1. All conditions except for Number 1 attached to the Conditional Use Permit for the Home for the Aged, Disabled, and Handicapped dated June 9, 1998, shall remain in effect. 2. The Property shall be developed in substantial conformance with the conceptual site plan entitled "SITE PLAN - CUP", dated November 8, 2019, and prepared by D2 Architecture (the "Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The quality of architectural design and materials of the buildings to be constructed on the Property, when developed, shall be in substantial conformance with the exhibit prepared by D2 Architecture, entitled "ELEVATIONS - CUP", and dated October 31, 2019 (the "Elevations"), a copy Westminster Canterbury on Chesapeake Bay Page 4 of 5 of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. 4. Landscaping installed on the Property, when developed, shall be in substantial conformance with that shown on the exhibit prepared by WPL, entitled "CONCEPTUAL LANDSCAPE MASTER PLAN", and dated January 24, 2020 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. 5. The Property, when developed, shall not exceed a total of 674 Independent Living units, 75 Assisted Living units, 48 Memory Support units, and 108 Skilled Nursing units. Total parking provided will be 1 ,096 parking spaces. 6. Prior to the approval of the construction plans, the applicant shall obtain City Council's approval for the encroachment of the proposed pedestrian bridges over Starfish Road and Ocean Shore Avenue. 7. Prior to the approval of the construction plans, the applicant shall have obtained the approval of City Council to relocate the existing public beach access easement from its current location at the eastern terminus of Starfish Road to the proposed new location along the applicant's northeastern property line. 8. The applicant shall be responsible for any access improvements deemed necessary by Public Works/Traffic Engineering Staff, upon completion of the review of the submitted traffic impact study. 9. The independent living building, when constructed, shall have a dock area and trash bays which are fully enclosed with doors and include heavy duty sound attenuation panels lining the walls and ceilings inside the dock area. In addition, an eight foot tall masonry wall lined with brick and supplemented with additional landscaping shall be installed opposite the dock area, along the length of the eastern property line. The exact species of the various types of landscaping along the wall shall be determined at final site plan review. • Attachments: Staff Report and Disclosure Statements Revised Concept Plan Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Westminster Canterbury on Chesapeake Bay Page 5 of 5 Submitting Department/Agency: Planning Department k\ -, City Manager:' Applicant & Owner Westminster Canterbury on ChesapeakeAB Agenda Item Bay Public Hearing March 11, 2020 City Council Election District Lynnhaven 4 Virginia Beach Request Modification of Conditions (Home for the Aged, Disabled and Handicapped) Staff Recommendation Approval Staff Planner /- i' it* Bill Landfair _- �jim- Location 10i WI 3100 Shore Drive GPINs 1590004510,1590100553, 1590101535, �al -i 1590102542, 1590009984, 1590009705, 1590100956 Site Size 16.88 acres i.0+"'Pe4-------- i I + AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Home for the Aged, Disabled and Handicapped / B-4 Mixed Use (Shore Drive Corridor Overlay - District) Surrounding Land Uses and Zoning Districts ii North iis. Atlantic Ocean / B-4 Mixed Use _ lig , South ( It ..� Shore Drive ,'.;, . f :"'•'U- .',4- ..' Multi-family dwellings, mixed retail/A-24 '< , , k� iiii.• • `;a Apartment, B-2 Community Business (Shore ^' 70.01 \•., ' ++ Drive Corridor Overlay District) w East * . , - F wi-•3 - ` Multi-family dwellings/ B-4 Mixed Use (Shore c -.:` Drive Corridor Overlay District) West Multi-family dwellings/ B-4 Mixed Use (Shore Drive Corridor Overlay District) Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 1 Background & Summary of Proposal • In 1977,a Conditional Use Permit was granted to the property for a Home for the Aged, Disabled and Handicapped to operate a Continuing Care Retirement Community. • Westminster Canterbury on the Chesapeake Bay(WCCB) has been operating a continuing care campus on Shore Drive since 1977. • Two modifications to the Conditional Use Permit have been granted since 1977. The first in May 1998 allowed the construction of a 14-story building containing 164 independent living units as well as an additional parking structure. The resulting additions brought the total unit count to 627, for a gross density of 50 units per acre for the entire campus. The second modification in June 2008 allowed the construction of a parking structure in the southeastern corner of the site. This structure resulted in a net gain of 142 parking spaces for the campus. • An expansion of the independent living, assisted living,and memory care facilities is proposed.The expansion includes incorporating adjacent properties into the campus for the construction of two buildings containing up to 217 independent living units, 75 assisted living units, and 48 memory care units. These adjacent properties include the Casa del Playa Condominiums, the former Lynnhaven Fishing Pier, and a surface parking lot along Ocean Shore Avenue. Based on the plans for expansion, a Modification to Conditions of the Conditional Use Permit for a Home for the Aged, Disabled and Handicapped is proposed. • The proposed expansion consists of demolishing the existing three-story Casa del Playa condominiums and constructing a 22-story independent living building on that site as well as the development of a seven-story healthcare building where the surface parking lot currently exists along Ocean Shore Avenue.The expected completion date of these improvements is 2025. • The proposed 22-story building will contain 217 independent living units and 399 structured parking spaces. This building has been designed to incorporate the latest design elements for independent living facilities following a study of similar facilities across the country. Proposed amenities will include two new restaurants,a multi-purpose room,fitness center and aerobics studio,theater,outdoor terrace, and landscaped gardens. The building will also feature sustainable design features including solar energy and green roof technologies. • The new seven-story healthcare building will be in the southeast corner of the intersection of Ocean Shore Avenue and Starfish Road and will consist of 75 assisted living units and 48 memory care units.Amenities will include two restaurants and a fitness room. Fifty-five parking spaces will be provided on-site for this facility. • The total number of units provided on the WCCB campus will be 674 independent living units,75 assisted living units (85 beds),48 memory care units(48 beds), and 108 skilled nursing units(108 beds).The total campus will be serviced by 1,096 parking spaces • Two elevated,fully conditioned pedestrian bridges are proposed over Ocean Shore and Avenue and Starfish Road to provide indoor connections between the proposed buildings and the facilities on the existing WCCB campus. The pedestrian bridges will maintain a clearance of 18'from the roadway. These encroachments into the rights-of-way will necessitate authorization by the City Council.The applicant has indicated that an application for the encroachment is forthcoming in the coming months in order to pursue this portion of the project. • There is an existing 20' public beach access easement located across Ocean Shore Avenue from the northern terminus of Starfish Road. WCCB proposes relocating the public beach access easement to their northeastern property line to accommodate the construction of the independent living building. The public access portion of the relocated Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 2 easement will be 14' wide, with an additional 6' that will be utilized for maintenance of the public access easement. Relocating the public beach access easement will require council action later. Zoning History \___ _____________ # Request 1 CUP (Home for the Aged, Disabled and Handicapped) Approved 11/14/1977 liiipior MOD(Modification of Conditions)Approved 6/9/1998 wo 11110111-, 1.- / ri MOD(Modification of Conditions)Approved 7/8/2008 iF 2 STC(Kleen Street;Ocean Avenue)Approved 7/12/1995 • 3 CUP(Residential Multiple Family Dwellings)Approved 11/27/2001 l4 .01 r. 1 4 CUP(WeddingChapel)Approved 1 13 2009 O LB•c2-0 75 ___-B-J \ A CB`? �� +:: g 5 CUP(Multiple Family Dwellings)Approved 12/3/2002 B;4 ( 1 �12 56 v 'B-4: _ A`18 rR`5s, ri R-10r" -,407 6 STC(Avenue A;Ocean Avenue)Approved 8/19/74 Application Types MOD—Modification of Conditions or CUP—Conditional Use Permit FVR—Floodplain Variance REZ—Rezoning Proffers LUP—Land Use Plan ALT—Alternative Compliance NON—Nonconforming Use STR—Short Term Rental CRZ—Conditional Rezoning STC Street Closure SVR—Subdivision Variance Evaluation & Recommendation Staff recommends approval of the proposed Modification of Conditions for the construction of the two buildings containing up to 217 independent living units, 75 assisted living units, and 48 memory care units, along with the proposed parking. The development will be consistent with the Comprehensive Plan's vision for the Suburban Area Bayfront Community, the goals of which is to preserve and protect the character, economic value, and aesthetic quality of established neighborhoods. The design of the project is of a high quality that is intended to become an iconic landmark within the City of Virginia Beach. According to the Senior Housing Advisory Committee, who met with WCCB in November 2019,there is currently a lack of available higher-end senior living product in the City. Architectural Design: A narrative submitted with the application states; "Architecture for the two new proposed buildings at Westminster Canterbury on Chesapeake Bay is a derivative of durable and coastal-friendly materials blended with the client's (and residents') desire for a light and fresh aesthetic suitable for its specific time and place. Materials are predominantly low-reflectance curtainwall, high-tech coated metal panels (some white and curved, others wood-looking), and in the lower regions light brick and screening walls. The ground plane will be heavily landscaped with indigenous plant selections. The gently curving surfaces on both buildings are deliberate and metaphorically linked to wind and water, salient natural forces in this region and this site. To that end the three dominate forms on the west facade are shaped to suggest sails, another prominent icon on the waterfront. No single element of the building rises full height; no two elevations are alike." In Staff's opinion, this narrative describes buildings that should complement and frame the existing campus, while differing considerably from the existing buildings on the property in terms of their vertical orientation, architectural style, materials and color.The facades are articulated to provide visual interest and incorporate wall plane projections and recesses to break up the expansiveness of the exterior, facade colors will be low reflectance and subtle, all of which is consistent with the Shore Drive Corridor Design Guidelines. The extensive landscaping at the ground plane within generous setbacks will help to anchor the buildings, particularly along the street frontages. The overall high quality of the projects design, providing a publicly recognized senior living need within the Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 3 community, is in conformance with the Shore Drive Corridor Plan recommendations for focusing on local resident needs rather than visitor needs. The applicant is planning to line the critical surfaces of the buildings with "QuietPerf" or similar type product which is an exterior panel system designed to absorb sound. The panels will be applied to critical ceiling and wall surfaces on the east side of the independent living building in order to mitigate reflected sounds originating in the dock area. It also will be applied on surfaces surrounding the emergency power generators that will be located on the extreme southwest corner of the building near the existing dock area. To minimize the potential for excessive glare from glass reflection, WCCB has stated that they will utilize low reflective glass that is well below industry standards for what constitutes problematic levels. The Landscape Master Plan depicts ample landscaping distributed throughout the site, including large shade trees, ornamental trees and shrubs, planter boxes and flower beds. Specific plant varieties have not yet been selected. Shadow Impact:The proposed 22-story tower will be approximately 250' tall. In conformance with Section 904(d)of the Zoning Ordinance,there is no maximum height limit for the district,except that no building or structure may exceed the height limit established by Section 202(b) regarding air navigation. The submitted elevations show buildings differing considerably from the existing structures in terms of their vertical orientation and architectural style. In response to potential issues related to shadows cast by the new buildings, particularly the 22-story tower,WCCB's architects have submitted a comprehensive shadow study (see synopsis on page 14 of this report). Based on the study, the greatest impact will be to adjacent properties to the east during the afternoon hours in the months of February and October. During the summer months,the impact will be considerably less. FAA Determination: The FAA has conducted an aeronautical study and determined that the proposed 22-story independent living building will not exceed obstruction standards and will not be a hazard to air navigation. A copy of the letter is found on page 17 of this report. Public Beach Access: There is an existing 20' public beach access easement located across Ocean Shore Avenue from the northern terminus of Starfish Road. In order to accommodate the construction of the independent living building WCCB proposes to relocate the public beach access easement to their northeastern property line.The public access portion of the relocated easement will be 14'wide, with an additional 6' in an adjacent service drive that will be utilized for maintenance of the public access easement. Relocating the public beach access easement will require council action later. Proposed improvements within the relocated easement will be consistent with the exhibit titled "Public Beach Access"found on page 12 of this report and will include ornamental tree and shrubs, as well as benches. Planning and Public Works Staff have reviewed the access and determined it to be consistent with the necessary public requirements. Pedestrian Bridges: The proposed development includes 2 pedestrian bridges over the public rights-of-way of Ocean Shore Avenue and Starfish Road, linking the new buildings with the existing buildings on the main campus. The bridges will maintain a minimum clearance of 18'-0" from roadway to underside of bridge. This is above the 16-foot minimum standard which is acceptable. Because the proposed bridges will be located over public rights-of-way,the encroachment must be approved by City Council to permit their location. WCCB has applied for an encroachment agreement for the bridges but intends to pursue a lease with the City for the bridges after the bridges are constructed. Both the encroachment and the lease will require council actions at later dates. Parking: Based on the current number of units,the existing campus currently maintains a parking ratio of 1.12 spaces per unit. With the proposed development,this ratio will increase to 1.21 spaces per unit. The independent living building will have 399 parking spaces within its garage and the healthcare building will have 55 surface parking spaces. In addition, a reconfiguration of the surface parking lot on the main campus, around the circular drive leading to the main entrance, and a secondary lot adjacent to Starfish Road will increase the yield of surface spaces to 210 spaces. The existing circulation pattern will remain essentially the same and the restriped parking spaces will be screened from view by new landscaping. This parking combined with the 432 structured parking spaces on the main campus yields a total of 1,096 parking spaces, exceeding the minimum requirement of 774 spaces. The required parking ratio is based on 1 space per independent living unit; 0.5 spaces per assisted living bed;0.5 spaces per memory care bed; and 0.3 spaces Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 4 per skilled nursing bed. Providing spaces above the minimum requirement is in part a reflection of the large staff employed on the campus, according to WCCB,they are currently the 10th largest employer in the City, as well as concerns raised by the community about the adequacy of parking. Access and Circulation: The project proposes new entrances from Ocean Shore Avenue and Starfish Road. These entrances must meet City standards for width. Staff notes that the proposed one-way entrances for the health care building must be altered to accommodate full turning movements as the current design shows a directional right-in and right-out configuration. The proposed entrance for the independent living building from Starfish Road must be lined up with that road as currently there is a slight off-set. The proposed sidewalk along Starfish Road must be located completely within the right-of-way. With these revisions, to be addressed at site plan submission,the development will satisfy access standards and vehicular circulation will be adequate. There will be no increase in average daily vehicular trips over what can be generated by the existing land use today. Stormwater Management: Given that the development area consists of mostly impervious cover in the existing condition,the proposed improvements will not result in a significant change to the amount of stormwater runoff generated by the development. WCCB is considering Low Impact Development(LID)options to reduce runoff and pollutant loads may be included throughout the site. Infiltration methods such as bioretention, permeable pavers, and rain gardens may be their primary design goal. However, if the soils are not conducive to infiltration practices,the applicant has stated they will consider green roofs, stormwater planters, and manufactured treatment devices(i.e. Filterras) as necessary. Based on the above, Staff recommends approval subject to the conditions below. Recommended Conditions 1. All conditions except for Number 1 attached to the Conditional Use Permit for the Home for the Aged, Disabled, and Handicapped dated June 9, 1998, shall remain in effect. 2. The Property shall be developed in substantial conformance with the conceptual site plan entitled "SITE PLAN - CUP", dated November 8, 2019,and prepared by D2 Architecture (the "Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The quality of architectural design and materials of the buildings to be constructed on the Property, when developed, shall be in substantial conformance with the exhibit prepared by D2 Architecture, entitled "ELEVATIONS-CUP", and dated October 31, 2019 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. 4. Landscaping installed on the Property,when developed, shall be in substantial conformance with that shown on the exhibit prepared by WPL,entitled "CONCEPTUAL LANDSCAPE MASTER PLAN", and dated January 24, 2020 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. 5. The Property, when developed, shall not exceed a total of 674 Independent Living units, 75 Assisted Living units, 48 Memory Support units, and 108 Skilled Nursing units. Total parking provided will be 1,096 parking spaces. 6. Prior to the approval of the construction plans,the applicant shall obtain City Council's approval for the encroachment of the proposed pedestrian bridges over Starfish Road and Ocean Shore Avenue. Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 5 7. Prior to the approval of the construction plans,the applicant shall have obtained the approval of City Council to relocate the existing public beach access easement from its current location at the eastern terminus of Starfish Road to the proposed new location along the applicant's northeastern property line. 8. The applicant shall be responsible for any access improvements deemed necessary by Public Works/Traffic Engineering Staff, upon completion of the review of the submitted traffic impact study. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as part of the Suburban Area Bayfront Community, adjacent to the Shore Drive Corridor Suburban Focus Area (SFA). This area is characterized by many well-established neighborhoods, newer high-density residential development, neighborhood and resort commercial uses, significant parks and open spaces, and proximity to the Chesapeake Bay and Lynnhaven River. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing State Park. While primarily a residential community,the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors. The area is considered a resort neighborhood and not a resort destination. While it is the most densely populated area of the City, it is primarily a neighborhood residential area. The general planning goals and policies in the Comprehensive Plan include preserving and protecting the character, economic value, and aesthetic quality of the established neighborhoods. The Shore Drive Corridor Plan,which is adopted by reference as an amendment to the Comprehensive Plan, is more specific about goals. It calls for protecting, restoring and enhancing the Shore Drive corridor;encouraging development and redevelopment of the corridor as an attractive residential community; and making improvements to current conditions in the corridor by strategically targeting limited financial resources. Natural & Cultural Resources Impacts The subject property is located within the Chesapeake Bay Watershed and a Resource Management Area of the Chesapeake Bay Preservation Area. The property is in the Special Flood Hazard Area as shown on the Flood Insurance Rate Map.Apart from the existing one-story pavilion, all improvements are in the AE (8)flood zone or outside the Special Flood Hazard Area.The pavilion is in the VE (9)flood zone where the existing structure subject to wave action. Through discussions with the applicant's consultant,they are aware that any improvements located in the Special Flood Hazard Area will have to meet the requirements of the Floodplain Ordinance,Appendix K, City Code, including elevating the proposed buildings above the base flood elevation with two feet of freeboard. As the site is mostly developed and consists of impervious cover in the existing condition, there does not appear to be any significant natural or cultural features associated with the site. ^ C" ake Bay•Prese 4 tion rea (CBP )• will be' red for the A Joint Permit Application (JPA) will be required for the new outfalls and improvements proposed to the shoreline. *Strikethrough language is in error. Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 6 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Shore Drive 33,700 ADT1 36,900 ADT 1(LOS°"D") Existing Land Use 2-1,084 ADT Proposed Land Use 3—781 ADT lAverage Daily Trips 2as defined by 30 residential 3as defined by 75 units assisted 4 LOS=Level of Service condominiums and 10,301 sf living care,48 units memory care, restaurant and 217 units independent living care There are no existing traffic counts available for Ocean Shore Avenue and Starfish Road. Master Transportation Plan (MTP)and Capital Improvement Program (CIP) Near the site, Shore Drive is classified as a four-lane divided major urban arterial. The existing roadway infrastructure is located within an approximate 130-foot right-of-way. The Master Transportation Plan proposes a six-lane facility within a 165-foot right-of-way. Currently,this segment of roadway is functioning near capacity at a Level of Service D. Ocean Shore Ave and Starfish Road are considered two-lane undivided local streets. The existing roadway infrastructure is located within a 60 foot and 80-foot right-of-way, respectively. They are not on the City's Master Transportation Plan. There is a roadway Capital Improvement Program project slated for this area. Shore Drive Corridor Improvements Phase III (CIP 2-117)will improve vehicular and pedestrian traffic flow as well as safety in the roadway and intersections. Storm drainage will be improved, and eight-foot-wide sidewalks will be provided with on-street bike lanes. The limits of the project extend from Vista Circle through the Great Neck Road intersection. Public Utility Impacts Water The proposed development must be connected to City water. Existing water services may be used or upgraded to accommodate the proposed development. Each parcel must be individually metered with separate meters from residential and commercial use. There is an existing 16-inch City water transmission main along Shore Drive and two existing 10-inch water mains along Starfish Road. Sewer The proposed development must be connected to City sanitary sewer. Each parcel must have an individual and exclusive sewer connection. There is an existing 10-inch City sanitary sewer gravity main which increases to a 12-inch along Shore Drive; there is an existing 16-inch HRSD force main along Shore Drive; and there is an existing 8-inch City sanitary sewer gravity main along Starfish Road. Public Outreach Information Planning Commission • The applicant met with the Bayfront Advisory Commission as well as members of the Shore Drive Coalition of Civic Leagues on November 21, 2019 to discuss the details of the request. According to City Staff in attendance, comments were generally positive, and no major concerns were raised. A second meeting with the Shore Drive Coalition of Civic Leagues was held on February 24, 2020. Concerns raised at that meeting include building height and relocation of the beach access easement. Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 7 • The applicant also met with residents of the Starfish Shores Condominiums and Bayview Villa Condominiums on November 19, 2019, residents of Ocean Shore Condominiums on December 17,2019,and the Lynnhaven Colony Civic League on February 8,2020. To date, Staff has received one letter in support and eight letters in opposition. Concerns raised include building height, beach access easement, parking, and traffic. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020 and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020 and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 8 Proposed Site Plan 0 '''' iii- -,,-. LL' LE, : • • ; ; i 1 'i it g cp 4 ' .. s .r, . 1 fl/11.4 ::::• a liii I I i _ _ _ _._ _ - • - 1 I ____ , 1 i ... . , • , , 1 sr - - - r ' 2 • I. ; — I I • J - •• --— t i--, 1 A ? j. , , --• 1 1 , . , , ,. L-•,•2-:-.4,-2 1 ' S. 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Y •,IFlugr:: p t .I; L,nssA1. 1 tce t • III l't — ,E V G f } x e 14 9 t 1,3..R. 4,4.>!_t.a i,..L.l. .-,.tC •eat L ; =1 sys , €' ilI Eaee'ae ae aesi :, t 1 ! t eLe ' tl • ] "I — yyiJ.6 a T •E { ■l�si/� i -_ yy ■ iasxi lIi ir Ia :• € 3t' Y ft• Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 11 Proposed Public Beach Access Exhibit .,..a H1 m 4 . .t,,, ._ 4 , _. , ... : , i _ � mi. si � e , ilik ,\. inimoommeir -,.... ,,41111111111l111111=11111114191='—__ 9 ..-4 .4 ......________________, . 0 i 4 i i �+ • l i tom' _ _ _ kir,T 1 , WI IMMOr w; of a ■� tCe 1( ~ 03 zI -44 fi: . 1 1 A'. m w o 2 1 '1 xF— E <i r N : a+ Ai II a � Z a mow . —t ,... YJr 4 a • �_ .rf.:. lilt - . IIILE. i .. .; ......„. ., , v..._. _ .. .. au Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 12 Proposed Pedestrian Bridges ,..- .4 ,4., ,46, dpi• --t. ... ) . ;',0-0,"-:- ., ...„1.1.16 -tigellr-rtit jt-Z . .. filg' 4,. .., . _A, -•...00"• i ...-k",),: ,,•- -4 - * i ,-,;--•_.14,1! 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Ai -....--.... . . -"' -74.------ - ....--- " • ..........0..."- er.t., .... -- , ....,... .yMkltilliggdllIllgll Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 13 Four Season Solar Study— Greatest Impact EXISTING CAMPUS PROPOSED CAMPUS FEBRUARY ....ems 4PM MAY _ - 4PM = ' _ _ _ j / p. , ; JULY_ ) - 4 PM 1r g -, i — ; s — • OCTOBER ----sr_ 4PM — Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 14 Site Photos , '. ''', ::: illk:" -- 7, - -- rs . _, ni . '.r.` - ;__- f Al�� 'Y —- .— -'44--i- 1. _ .1604 tf. j p Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 15 Previous Conditions of Approval The Modification of the Conditional Use Permit for a Home for the Aged, Disabled and Handicapped was approved by the City Council on July 8,2008. The Modification has three (3)conditions: 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on June 9, 1998 remain in effect. 2. Condition Number 1 of the June 9, 1998 Conditional Use Permit is deleted and replaced with the following: a. The parking structure shall be developed substantially in accordance with the submitted "SITE PLAN DIAGRAM AND CONCEPTUAL SITE PLAN—WESTMINSTER CANTERBURY" prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated April 1, 2008. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. b. The parking structure shall be constructed substantially in accordance with the submitted "PERSPECTIVE PLANS LABELED 1-3, ELEVATIONS LABELED 4,SITE PLAN LABELED 5,AND LEVEL ONE, TWO, AND THREE LABELED 6,7,AND 8" prepared by SFCS, dated March 27, 2008.Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. c. Trees on the site shall be preserved to the greatest of the applicant's ability substantially in accordance with the submitted "TREE PRESERVATION PLAN—WESTMINSTER CANTERBURY", prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated May 14, 2008.Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. The applicant volunteers to make a donation to the City's Tree Restoration—Shore Drive Area Trust Fund in the amount of$4,000 to partially offset the loss of live oak(Quercus Virginia)trees on the property to be developed. The Conditional Use Permit for a Home for the Aged, Disabled,and Handicapped was approved by the City Council on June 9, 1998.The Conditional Use Permit has five(5)conditions: 1. The Conditional Use Permit is approved for the addition of a four-level parking structure, 164 independent living units, and minor revisions to the existing structure, as depicted on the submitted site plan. Development shall substantially conform to the site plan prepared by SFCS Architects and on file with the Department of Planning. 2. Prior to final site plan approval, more detailed architectural renderings, elevations, and materials and color samples shall be submitted for review and approval by the Planning Director or designee,to ensure compatibility with the existing senior housing facility and the surrounding area. 3. The applicant shall be responsible for any access improvements deemed necessary by City Traffic Engineers, upon completion of the review of the submitted traffic impact study. 4. Revisions to the depicted infiltration system configuration(s) may be required in conjunction with final site plan review. 5. The parking structure design shall include walls at each level of sufficient height to screen automobile headlights,to prevent glare onto adjacent properties. Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 16 FAA Letter Mail Processing Center Aeronautical Study No. Federal Aviation Administration 2019-AEA-9933-OE Southwest Regional Office Prior Study No. Obstruction Evaluation Group 2019-AEA-8398-0E 10101 Hillwood Parkway Fort Worth,TX 76177 Issued Date:09123/2019 R.J.Nutter Of Counsel Westminster Canterbury of Hampton Roads Inc. 3100 Shore Drive Virginia Beach.VA 23451 "DETERMINATION OF NO HAZARD TO AIR NAVIGATION " The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.. Section 44718 and if applicable Title 14 of the Code of Federal Regulations.part 77.concerning: Structure: Building Westminster Canterbury Proposed Building I.ocation: Virginia Beach,VA Latitude. 36-54-43.70N NAD 83 Long itudc: 76-04-39.00W Height,. 12 feet site elevation(SE) 287 feet above ground level(AGL) 299 feet above mean sea level(AMSI.) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s).if any.is(are)met: As a condition to this Determination.the structure is to be marked/lighted in accordance with FAA Advisory circular 7017460-1 L Change 2.Obstruction Marking and Lighting,red lights-Chapters 4,5(Red).&12. Any failure or malfunction that lasts more than thirty(30)minutes and affects a top light or flashing obstruction light,regardless of its position,should be reported immediately to(877)487.6867 so a Notice to Airmen (NOTAM)can be issued.As soon as the normal operation is restored.notify the same number. It is required that FAA Form 7460-2,Notice of Actual Construction or Alteration,be e•tiled any time the project is abandoned or: At least 10 days prior to start of construction(7460-2.Pan I) __X_Within 5 days after the construction reaches its greatest height(7460-2.Part 2) This determination expires on 03/23/2021 unless: (a) the construction is started(not necessarily completed)and FAA Form 7460-2,Notice of Actual Construction or Alteration,is received by this office. (b) extended.revised.or terminated by the issuing office. (e) the construction is subject to the licensing authority of the Federal Communications Commission (FCC)and an application for a construction permit has been filed,as required by the FCC,within Page I of 2 Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 17 FAA Letter 6 months of the date of this determination.In such case,the determination expires on the date prescribed by the FCC for completion of construction,or the date the FCC denies the application. NOTE:REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE.AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED,YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based,in part,on the foregoing description which includes specific coordinates,heights, frequency(ics)and power.Any changes in coordinates,heights,and frequencies or use of greater power,except those frequencies specified in the Colo Void Clause Coalition;Antenna System Co-Location;Voluntary Best Practices,effective 21 Nov 2007,will void this determination.Any future construction or alteration,including increase to heights,power,or the addition of other transmitters,requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed,you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes,derricks,etc.,which may be used during actual construction of the structure.I iowever,this equipment shall not exceed the overall heights as indicated above.Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does nut relieve the sponsor of compliance responsibilities relating to any law,ordinance,or regulation of any Federal,State,or local government body. If we can be of further assistance,please contact our office at(817)222-5922,or debbie.cardenas@faa.gov.On any future correspondence concerning this matter,please refer to Aeronautical Study Number 2019-AEA-9933- OE. Signature Control No:415887761-417933659 (DNE) Debbie Cardenas Technician Page 2 of 2 Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 18 Disclosure Statement 11R Virginia Beach APPLICANT'S NAM E Westminster Canterbury on Chesapeake Bay DISCLOSURESTATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property i Disposition of City Modification of by City 1 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 for are necessary to inform public officials who may vote on the application as to whether they have a conflict of ir'tettest welder Yittgom to latw. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY i Ad disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Coundi meeting that pertains to the applications. _ APPLICANT NOTIFIED OF HEARING DATE I Er NO CHANGES AS OF DATE 1117.41.0 wet- W w&fl.Lormas- 0 REVISIONS SUBMITTED DATE Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 19 Disclosure Statement cn,.N Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ZCheck here if the APPLICANT /S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Westminster Canterbury on Chesapeake Bay 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) Chair-Suzanne Puryear, Vice Chair-Richard B. Thurmond, Secretary-Dr. David B. Young, Treasurer-John D. Cavanaugh, President&CEO-J. Benjamin Unkle (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Westminster-Canterberry cn Chesapeake Bay Foundation Westminster-Canterberry at Home,LLC Westminster-Canterberry Realty,LLC Senior Options,LLC, S.O.Realty,LLC, Lynnhaven Inlet Fishing Pier Corporation See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Applicant. n Check here if the PROPERTY OWNER/SNOT 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 D THEIJ, complete the following. (A) List the Property Owner's name: Lynnhaven Inlet Fishing Pier Corp If an LLC, list the member's names: Page 2 of 7 Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 20 Disclosure Statement ..wM3 Et If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) President-J. Benjamin Unkle, Jr.,Vice President-Victoria Crenshaw, Secretary -Treasurer-David B. Myers (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 '6 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 betweer 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 betweer the entities.' See Slate 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 GFCTION SEPB2ATELY Page 3 of 7 Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 21 Disclosure Statement APPLICANT Virginia Bean YES NO I SERVICE • PROVIDER(use additional sheets If needed)_ ❑ i Accounting and/or preparer of ��vv your tax return ❑ Architect/ Landscape Architect/ ID-2Mchibehre Land Planner • Contract Purchaser(if other than the Applicant)—identify purchaser .and purchaser's service providers Any other pending or proposed XI purchaser of the subject property /�I (identify purchaser(s)and purchaser's service providers) ❑ — �._. Construction Contractors Whiting Turner Xn Engineers/Surveyors/Agents Klmiey-Horn.WPL and Voiced Financing (include current Sun Trust Bank mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ZU Legal Services Trottel=sendem Reed snh,WilcoxSenile Real Estate Brokers/ • nM 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 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 Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 22 Disclosure Statement Virginia Bea& CERTIFICATIQN: I certify that all of the Information contained in this Disclosure Statement Form is complete,true,end accurate. { understand that, upon receipt or 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 Cr committee in connection with this Application. �']� / r t f! PRINT NAj vinin t,thiltiLti..J1..D v!hi _ - page 5 of 7 Westminster Canterbury on Ch Bay4 Agendaesapeake item Page 23 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. Westminster Canterbury on Chesapeake Bay Agenda Item 4 Page 24 _ s � srcrc rcA9AYCcSAeAli I 11.7 fi e 2 ii p gg i ::: qQ �C�OO�OC?OCR®� ?�7C� ? �� i [ td 111/1/) I;1ffill rr11-)/` F Vr '' O y _ : ' it I a m Mil 1 1' - .' :7 i ". J: (11 .E°4 '''''''t -MINI CU —, - LL d co V .., -- G r O X H s 1 1 s r i s t. i oa : A 0 = i 11011, , • -, a _ W °4in " � W W CCr - O `# 1 0 s t 3 ai sv . Fyn ' t2. O. as or 2 'Itt,_?._ , el v. I U W Item #4 Westminster Canterbury on Chesapeake Bay Modification of Conditions (Home for the Aged,Disabled and Handicapped) 3100 Shore Drive March 11,2020 RECOMMEND FOR APPROVAL-HEARD Ms. Sandloop: Okay, we are going to hear agenda item number four for Westminster Canterbury on Chesapeake Bay, an application for a modification of conditions to a home for the aged, disabled and handicapped on 3100 Shore Drive properties located at the intersection of Star Fish Road and Ocean Shore Avenue located in the Lynnhaven District. Mr. Nutter: Thank you Pam. Mr. Chairman Weiner. Mr. Inman: Before we begin, I'm going to need to abstain on this item as my law firm represents several condominium associations which are in immediate vicinity of this application site, including one that immediately adjacent and so I will not be participating in the hearing or discussion or voting. Mr. Weiner: Thank you, sir. Mr. Nutter: Thank you Mr. Inman. First for the record, my name is RJ Nutter; I'm an attorney and represent the applicant. And I am also wanting to begin by thanking staff, and particularly the Planning Department who have tried to shepherd this application through virtually every department of the city and before we get into this room, you know, that I want you to know we've been through an exhaustive review and Mr. Coston that includes the Fire Department, I want you to know that this was the first group we wanted to go talk to before we began the planning of this project. So once we have assurance that the Fire Departments on board with this application, but they've done a wonderful job,they've had to respond to a large number of inquiries from the public, from my client, from our consultants, so I really appreciate their indulgence. But if I could, I would like to say first I'm very proud to represent Westminster because many people don't count Westminster when they're counting residents on Shore Drive. In fact,there are over 700 residents in Westminster Canterbury that all call 3100 Shore Drive their permanent home. They live there, they've retired from there,in some cases they work from there,but in all cases,that's their residence just like anyone else in town. Ms. Wilson: RJ if you could speak up. That could be appreciated by the audience. Mr. Nutter: Okay, I beg your pardon. I'll do my best. This microphone only goes so close. At any rate, in addition to that Westminster's also, only one of two CCRCs for Continuing Care, Retirement Communities in the city. It was, as you know, the first beginning over 40 years ago and the interesting part about that is because we're seeking expansion, the other CCRC Atlantic Shores is located in a Navy high noise, so its ability to expand to meet the needs of the residents of the city is limited, if not restricted severely. Another important fact about Westminster is 65%- 70% of the residents who live in Westminster today, were residents of Virginia Beach prior to retiring in that facility. This is, quite frankly,our community's asset for retirement. It's even better so because it's one of the few that offers the full continuum of care and guarantees that continuum of care to the residents as they enter that program literally for the entire the rest of their life. In this case, staff has touched upon the need for this facility and while they touched upon it briefly, I'd like to elaborate a little bit more detail for you because it's an important component of why we're here today. This is not a case of us building something and hoping the public will come. This is a case of us not sticking our head in the sand to what we see or hear and around the country. Today,this is known as a silver tsunami. The college age kids of my years have entered the school system early on and the college system after that, and beyond that, enter the housing market after that worked throughout the United States. And now we're about to enter the retirement communities. Today, Westminster has over 500 people on their waiting list. They are 97% occupied and two other publications have identified Virginia Beach as one of the three most underserved cities in the nation for senior housing. The other two are McAllen, Texas, and Augusta, Georgia. We're identified as one of the three in the nation with the lowest amount of available senior housing. Another important fact if you look at the future here, over the next 20 years is a program called Leading Age that does these studies for the housing industry. Well, over the next 20 years, the age of people in Virginia just alone, between the age of 65 and above, will increase at a rate two and a half times that of people under 65. They're expected to grow literally 40%when the rest of the populations is going to go below 20%during that time period. In addition to that, one of the things you look at for senior housing is where do people retire? And you might know that Virginia Beach is the second largest city in Virginia,where the largest amount of people stays here to retire. Think about it, if you lived in Gloucester, if you lived in some smaller communities around the State, you might not stay there to retire. And maybe a question is your families moved away. It may be that there are no facilities, but Virginia Beach is the second in the state where people stay to retire here. All evidence of the need for the facility and how does this fit to the city's program? In fact, I'll be happy to tell you that the city solved this back in 2004, and they reiterated 10 years later in 2014 with a program the city called, community for a lifetime. We would take care of people as they entered the workforce,we would have a diversified economy, and we would have increased spending for schools and kindergarten education. And we would have retirement facilities so that people,who were born here, lived here,worked here could remain and retire here and why because the retirement age community is one of the most relevant in any city. There are people who have lived here, they've been successful here. They've had families here; they go to church here and synagogues here. So naturally, they would want to stay here. All those resources for mentoring are kept in place. In fact, Westminster Canterbury, interesting fact, last year alone had over 32,000 hours, 32,000 hours of volunteerism throughout the community last year alone, to give you some example. With that kind of a backlog and need and that kind of a city program that recognizes the need for this it should be no surprised that Westminster will be taking the lead and coming forward today with an expansion of their facilities. Then you ask why here, and why this expansion? Why here is also important. One of the factors and what they look for today in this program is to make sure that the units can be affordable to people and you do that through a couple of ways and what they've done here is they focused on property that was immediately contiguous to their campus. And you say, why and the reason is very simple. When you do that, you can leverage your staff, you can leverage your administration, you can leverage your parking that's in place,you can leverage all your maintenance activities,all your infrastructure is right next door. Were they to move elsewhere they'd have to start all that over and carry all that additional overhead independent of existing facilities. That's why it's here. Why is it the size that it is? It's not because we're trying to make a big building. It's because we're trying to meet the need that we see coming. In fact, our own estimates are that even if this is built in five years as we project, it will still be below what the need is for this area by one to 200 units even at that time, and that's not counting the growth that I just mentioned to you. The need is here, they've stepped up in a place which allows them to leverage their facilities, and they've come forward with this beautiful building. There are two buildings here one is an independent living facility. What you're hearing most about it is 22 stories, it encloses 399 structured parking spaces. It has its 22 stories at one portion, the other portion of the building is five stories, I don't want to use too much time because I think virtually everybody has seen this. At least certainly the audience we've been to a number of presentations. There's a portion of this 22-stories, the rest is five stories. We have revamped the access way to the building after talking with staff to reduce impacts on adjacent properties. We have a seven-story building in the back,which is where there are 48 units,memory care and there are 75 units of assisted living, all of which,by the way, are being upgraded. Today, in assisted living they have memory care well under what they need and they're below what the market demands in terms of space, and amenities. It's important to not just build it, but to build it so it meets the needs of the public when they expect to come into this facility. With that, they went on, we had a large outreach program, met with, most importantly met with your BAC, your Bayfront Advisory Commission. We met with them in November, and we did so because that's the body appointed by this board and actually by the council and forgive me to look at applications in that area,provide recommendations and advice. As you may know,they have recommended in this case,they don't make recommendations by the way,what they do is they say we will give you any recommend suggestions or approvals, any problems we have with this application, they did that went through his whole presentation went around the room, and no one had any objections or concerns. And that's reflected in your staff report and that's the body that you look to. The second group we went to is your senior housing committee. This was the group created back by the city years ago. And it consists of many emergency services, people, Planning Department officials, economic development, and others, and went meeting with them. They had suggestions to the building, all of which we implemented, and they have recommended, no problem with this application either. You have your staff, you have your planners, your BAC, and you have your senior housing committee, all of whom are in unison with this application. Now, in addition to that, part of any application is, have you met with neighbors and we have and we know there's opposition. But I'm happy to tell you that we have submitted to you letters and emails from area businessmen, civic leaders, members of the BAC, members of Westminster and something you may not know about,it's called their early advantage members,EA members they are called. These are people who have signed up who want to move in and there's no space yet. They've submitted letters; you have letters from them as well. You have in fact over 50 of letters in support for this application throughout the quarter and I also point out to you that we have a large number of people here today and fortunately for you, I'm not going to ask them to speak, only have two speakers in addition to myself today to make it easier for you. But I did want to ask those people to stand; before I do I want to let you know this. There's a concern in their building, as you might imagine about coronavirus, they had originally 92 people signed up to come today, 64 had been able to make it, the others were just too afraid to get out of this structured situation they're in and come into a very public place. It's just the nature of the day, but I want you to know, that 64 did brave it out here,did come and if you don't mind, I'd like to ask them to stand if I could. Thank you very much. So, in concluding with this, I want you to know that we, in this process met with Traffic, the Fire Department submitted all the things to you, I think you can conclude the following as your staff does. You have an unprecedented need in this community for additional senior housing. You have an applicant with 40 years of experience being successful in that area. You have a property right next door to their campus, and its property they have been buying up slowly over the years with all private funds. There's no public money in this project. This project reduces the traffic from what it would be by right. No matter what we do, and it reduces the impervious area on the property. I know we're concerned about flooding this; we reduced the impervious area on this property and we introduced the first stormwater systems on all three of these parcels. They've never had any stormwater,the campus does,but none of these three parcels have one approval. In addition to that, we're introducing new levels of landscaping and all along both public right-of- way on Ocean Shore, as well as along Starfish, where almost no landscaping exists today. And if I could also, I'm happy to tell you that we almost have no impact on your infrastructure. We have no school aged children. We have lower traffic, and yet we pay amongst the highest taxes of any landowner on Shore Drive. When this is done,the taxes anticipated to go from what they currently are right now $1.1 million by a digit to grow by an additional $2.3 million to over $3 million a year in taxes for a facility that's completely paid for by 100%by private funds, and it has little to no impact on your infrastructure compared to all the other uses that are there, or other uses that could be built in that quarter. We're happy to come to you with staff's recommendation for approval. We're happy that we have a large amount of support throughout the community, can say we've done our best to reach out to opposition and so forth,but it's just the nature of the day. We're here to answer questions. And I'm more than happy to answer questions of the commission members, at your leisure. Mr. Chairman. Any questions for Mr. Nutter. Please stand by. We are going to talk to you again. Mr. Nutter: Yes, sir. No doubt. Ms. Sandloop: Mr. Vice Chair. If I counted correctly, we have 33 speakers. So just a reminder, as I call speakers,you have three minutes unless representing a large group. First speaker is David May, followed by Ted Wirginis, I think Mr. May is maybe outside. David May. Ted Wirginis followed by Mr. McNeil. Mr. Wirginis: Good afternoon. I'm speaking on behalf of,my name is Ted Wirginis. I'm speaking on behalf of my owners on Seashell Road, Bay Breeze Villas. My specific issues are with storm water drainage. I applaud that Westminster Canterbury is actually taking action to do something with stormwater drainage on their side. But when you look at the total of what's being done, I think the city actually needs to do a little bit more for that whole area. And specifically, our property was built in 1986 and since then all the properties around it had been built higher and higher. So it's basically Seashell Road is the low spot. In every heavy rain, it gets flooded. And the city is aware of this and no action has been taken. What I'm afraid of is Westminster Canterbury's addition, although it drains maybe to the west side of them, it's still I think would put some kind of additional impact for the area rounded. So I just oppose this as presented. Mr. Weiner: Any questions? Mr. Horsley: So you say you would like for them to explain to you how they address their storm water and I'm sure with the stormwater regulations that are in effect now they will, I'm sure there will be no offsite water going from Westminster going to the other properties with the new stormwater regulations? Mr. Wirginis: Yeah, we're not against the development, but we're against, there's nothing to be. There's been no stormwater upgrades, at least for 30 years. Mr. Horsley: Stormwater is one of the main things that the city is working on now. So you can rest assured that that most likely will be addressed by the city and this development at this time. Mr. Wirginis: Thank you. Mr. Weiner: Thank you for coming. Ms. Sandloop: Mr. and Ms. McNeil. Mr. McNeil: Good afternoon. My name is Douglas McNeil. I am a second-generation Virginia Beach resident. I'm the President also of the Ocean Shore Condominium Association and I'm here to speak in opposition to this proposed development as outline. First,basically three points. First is about need. There's no doubt a tsunami is coming, but to think that 200 high end retirement units is going to put a dent in the needs of the Virginia Beach residents is false, okay. These units are where they are being built where they are for high end retirees, including possibly myself. Second is the application in my letter, I asked if there could be a wind field study done. The application doesn't have one. No one's done one. Anyone who's watched The Weather Channel, and stood between the hotels at the Oceanfront knows there's a huge wind effect when storms come through. It causes substantial damage and has in the past in our units just between four store units. I really think that that should be mandated as part of the approval and conditions for this is some sort of wind study. And I guess the last thing is that if you view the job of the commission not to deal with parking spaces or whether they're big enough for kennels and stuff like that is to deal with these kinds of things to deal with the neighborhoods that different developments are trying to come into. This can be ongoing, you know, it is, there is more and more pressure to build at the Oceanfront all over the place. And I think that you have to use your best judgment. I'm not telling you to stop this because I've tried to build facilities working for Norfolk Southern for many years, but you have to look at how it can fit into the neighborhood versus making the neighborhood adapt to what they're trying to do and where we have. For me any questions? The only other comment is, I'm not sure the Bayfront Advisory Commission is totally unbiased. Some of the people as noted are on the waiting list. Mr. Weiner: Thank you for your comments. Mr. McNeil: Thank you. Ms. Sandloop: Hi, Mr. May do you wish to speak? Ms. Lauer: Excuse me, my name is Jeanie Lauer. I think Mr. May asked you that, we would like to substitute the order and I speak in advance of him. He's the architect of one of the condominium owners and I am the attorney for one of the condominium Association. Mr. Weiner: Madam Clerk, is her name on the list? Ms. Sandloop: No, I don't have your name on the list. Jamie Lauer. I don't have a card. But it's I mean. Mr. Weiner: Can she come forward and fill out the card. Come and talk and then fill out a card, please. Ms. Lauer: I am here on behalf of the Bayview Villa Condominium Association. I'm the sole representative speaking on their behalf no other individuals will be speaking so I believe I'm the designated sole representative, the time allotted is 10 minutes. Ms. Sandloop: Yes, ma'am. Ms. Lauer: What I want to speak to is a lot of time that my clients and others and myself have invested in reviewing, not only the staff recommendation, but all of the documents that preceded it. We did a FOIA request some time ago and received everything that was being reviewed and considered before the staff recommendation ever came out. When I read the report, and its endorsement, I was surprised not because of what's in it but what's missing and what should make you say this is not an appropriate time to send this matter up to City Council. This is lacking in the things that we require as the Planning Commission and let me start with the design guidelines in the comprehensive plan for Virginia Beach 2016. The report does not identify how you preserve and protect the character of the established neighborhoods, the established neighborhoods, the condominiums, the places that surround there are pretty much unanimously opposed, and there is no consideration of how a 22-story glass building with reflective surfaces and a variety of potential detriments to dunes, wildlife, relocation of the existing beach access easement for people all of those things that hasn't been considered and it's not a portion of the report. It doesn't identify or comport with the design of the comprehensive plan requiring improved land use compatibilities and over commercialization to ensure that the resort-based use is complement rather than dominate this corridor. The goal in the comprehensive plan to achieve the lowest reasonable density for future residential uses that's in the comprehensive plan. This is an anathema when you consider the 22-story building that they want to put up in addition to the other centers, improve public parking and public access to the beach fronts doesn't happen in this case, it's relocated. It's a small amount, and it will continue to tax what is already difficult parking situation on Ocean Shore, on Ocean Shore Drive and Starfish. Provide continued support for storing the health of the Chesapeake Bay and Lynnhaven River was already been identified by some of the other speakers. We don't have wind studies. The solar studies are pictures and don't comport with what are generally considered to be appropriate solar and shadow studies that identify how they affect the environment, especially our dunes. All of those things are missing. What else is missing is compliance with the law, the height that's referred to under Section 904 of the zoning ordinance for the city of Virginia Beach refers to the only height restriction being that related to navigable air, but that's simply untrue. In Section 901 of the Zoning Ordinance and which is for greater specificity, it provides that housing for seniors and disabled persons, which is what this is categorized except other than when it's a principal use and in a B-4 subdivision or B-4 zoning, it is only a conditional use, not a principal use, shall not exceed 165 feet, the towers 250 feet, never even mentioned in the report. Where's the compliance and where's the effort to even educate this commission about these important issues? It's missing. It concerns me that it's not there. And what else concerns me is that you're required to have a fire review. Well,when I look back through the documents that constitute the fire review,the Fire Department doesn't even know that it's a 22- story building, they only cite five-story and the seven-story and even than they don't endorse it. They just say whatever happens it needs to comply with the statewide building code. Not very positive comment on what's going to happen. Go ahead and build a 22-story building that no one has anticipated on part of the emergency services, and then deal with the fallout when those people are injured or can't be rescued because nobody thought about it in advance. It doesn't fit in with the traffic requirements. The study that was done last year didn't even anticipate the thousand new residents or spaces that have been created since then, much less the burgeoning population that's created by this development. The Virginia code Coastal Primary Sand Dunes and Beaches pursuant to 28.2-1400 sec of the code says the commission shall preserve and protect coastal primary sand dunes and beaches and prevent their despoliation and destruction. You don't see anything about how this affects the sand dunes, you don't have any studies, it's right there on the water, something that supposedly we care about in Virginia Beach but it doesn't sound like it's been considered and that's unfortunate. We also have the city code which identifies the standards for use of coastal primary sand dunes. No permanent alteration of or construction upon any coastal primary sand dunes shall take place which would impair the natural functions of the dune, where's the information in your staff report and where's the supporting documentation that tells you how this affects those sand dunes. This city has litigated the issue of access, has litigated the issue of maintaining and having structures that interfere with the quality of those sand dunes. And yet we pay such short shrift when we're looking at a big project that says we're bringing 3 million in taxes, I didn't think that this was the kind of city that did that and I've lived here my whole life. What else is missing? The endorsement of the senior housing Advisory Committee, which is described by your commission as comprised of both city and state staff members that provide input on all senior housing proposals. They were approached by Westminster Canterbury November of 2016, November 19th to be exact. The only statement in your staff report says that the SHAC notes the need for a lack of available higher end senior living. I was concerned because when I looked at the minutes from the November 19th, meeting, where Westminster Canterbury was there and which is referred to in the staff report, it didn't say that. It said, what about affordable senior housing? When are you going to provide us with information? Here are some of what I think are the salient remarks that the Senior Housing Advisory Commission actually met and having read other staff reports, I'm used to when there's a proposal that's endorsed by the staff seeing a tag line in there that says the senior housing advisory committee has reviewed this proposal and agrees that it's appropriate or agrees with recommendations of staff, but you don't get that because it doesn't exist. They noted in their minutes that information provided on affordability has been vague, confirmation of grants available or lower income applicants or number of affordable units is needed, nothing about high end. Applications for the pre-submittal and the SHAC meetings have been incomplete and submitted very close to the meeting dates. Community Engagement by the applicant has not taken place that was November 19th, 2016. What's missing? Well, in the rush to get this move forward, SHAC didn't get opportunities to consider the information quickly and they noted the absence of community engagement, Ocean Shore Condominiums, which is right next door to the proposed 22 unit tower wasn't consulted or explained to or invited to ask questions until December 17th and that's when they still wanted to be on your agenda for January. That's how much Westminster Canterbury cares about its neighbors. And for some reason, the minutes recite that when Westminster Canterbury presented their plan to the SHAC,they identified once they had bought out and forced out everybody at Casa Del Playa that the last holdout was a 91-year old man simply isn't true. It was a woman. I think she's in her 70s. But I questioned why it was even necessary to make that comment. And the most significant question from the Department of Housing and Neighborhood Preservation, Karen, and I apologize, I'm going to butcher her name Prohead, ask do you offer affordable housing? speak to the criteria. They couldn't. And what you've got in your packet is a lot of fuzzy math. But I will tell you that in addition to the rents, two and three bedrooms that they're predominantly planned for the Independent Living are starting at an advanced fee of$800,000. That's what you have to pay just to be there then you start paying rent too that doesn't fall in the parameters. Mr. Weiner: Any questions, no questions okay. Mr. Wall: Let's see Bayview Condo Association where Bayview, can you explain? Ms. Lauer: Bayview, its Bayview Villa and its three units and it's adjacent. It's across and down a little bit. Mr. Wall: Can you point that out on the map? Ms. Lauer: Oh, it's not and I apologize, I haven't worn my glasses but its right in the Starfish Road and I think that's the parking lot is right there. Mr. Wall: Okay, thank you. Ms. Lauer: Thank you. Mr. Weiner: Thank you. Next speaker. Ms. Sandloop: Okay. David May, followed by Emily Filer. Mr. Weiner: Ma'am, please fill out a card. Mr. Redmond: Mr. Chairman, can I just suggest that if people are going to speak, they fill out a card in advance. I don't know that it's quite proper for some of them jump in the line. Ms. Lauer: I did. Ms. Sandloop: Yeah, she did. It was my error. It was in the bottom. Thank you. I apologize. Ms. Lauer: That's quite alright. Mr. May: Thank you. I'm David May. I'm president of DLM Architects for an architecture firm headquartered right here in Virginia Beach. My experience has been in both low rise and high- rise buildings and what I'm here to address today is the high rise building that is being proposed on the eastern side of the property adjacent to Ocean Shore condominium, which I'm representing Ocean Shore. Ms. Wilson: Mr. May if you could speak up, that would be appreciated by the audience. Mr. May: All right. Is that better? No. All right. How's that? All right. Don't count that against my time available. Specifically, there's a lot of detail that is shown in the applicant's package and the detail that they show is very helpful and analyzing exactly what they do and I analyze buildings,both new buildings, and also existing buildings. One of my clients right now is the West in the town center, 37-story building, and these buildings have unique challenges that are unique to both their location and to their size. And I want to make sure and clear that my client is not against this development taking place. They're just against the size and scope of the development. And we have some good reasons why, we are that way. First is the shading that's been alluded to, but the shading is the shadow that is cast by a 22-story tower, and that shadow will have an impact, an adverse impact on the residents in that particular area, as well as the people that come to enjoy the beach and suddenly find themselves after about 1:30 in the afternoon in the shade of this tower. And so as a consequence, and we find no justification for a 22-story tower simply because under current permits, a 14-story tower is allowed on that site. And when we look at that 14-story building, it mitigates a lot of the complaints, but the question obviously comes about, well, how do we maintain the same number of dwelling units in a much shorter tower? Well,the answer is quite simply as we widen the tower and if you look at the two parcels involved, they show a rectangle that is the footprint of the building, but they only cover about one third of that footprint with this 22-story tower. So merely what we're asking is to lower the height of the tower and increase the base of the tower and so basically, we can maintain the unit count and one of the other things is we're really concerned about is a reflective glass, reflective glass is shown clearly on the drawings from the architect and that creates a huge issue because it doubles the solar load on and there's no solar studies in this location. Noise, we got two concerns about the noise so there'll be created noises coming from the floor. Mr. Weiner: Thank you for your comments. Any questions for Mr. May? Mr. Wall: Does he represent Ocean Shore? Mr. May: Yes. Mr. Weiner: You represent? Mr. May: Ocean Shores Condominiums. Ms. Sandloop: They have many speakers. Mr. Tajan: I believe they have multiple speakers; he is not representing the group. Mr. Weiner: Oh, you are not representing the group, there are multiple speakers, any questions for Mr. May? Thank you. Ms. Sandloop: Okay. Emily Filer, followed by Todd Solomon. Mr. May: Thank you. Ms. Sandloop: Thank you. Mr. Weiner: Welcome. Ms. Filer: Good afternoon members of the Virginia Beach Planning Commission. Thank you for the opportunity to speak in support of Westminster Canterbury on Chesapeake Bay's application to expand our campus. My name is Emily Harkins Filer. I'm a five-year resident at Westminster, Canterbury, and I agree with a speaker who's coming, living there is one of the best decisions I have ever made. I'm also a former chair of the Virginia Beach Mayor's Commission on Aging, an eight-year former member of the Board of Trustees of Westminster, Canterbury, and retired founder of a nationally recognized nonprofit Lease Friends. Presently, I serve as the vice president of the Westminster Canterbury Residents Association. I am well qualified to speak before the commission because of my professional and volunteer background and my residency at Westminster Canterbury. Westminster Canterbury continues to be one of the best life plan communities in this country. I don't know whether you know that. And I enthusiastically support his proposed plans for the future Independent Living apartment building, and assisted living and memory residences. As a volunteer in the healthcare and assisted living areas of our community, I know how important the need is for these buildings. Independent research shows there is a looming shortage of senior housing. In a study published last year, it listed Virginia Beach as one of the top three metropolitan areas in the nation with the greatest unmet future need for senior housing. Let's address the senior housing shortage before it becomes a crisis. Westminster Canterbury wants to be part of the solution at no cost to taxpayers. Westminster Canterbury is my home, as a proud resident of Shore Drive for the rest of my life. Somehow people have excluded me as if I do not count. Yet in addition to me, there are more than 650 of us living at 3100 Shore Drive. I love everything about this truly caring place. I feel safe, cared for with excellent programs, a wide array of services and beautiful residences. I want more people from Virginia Beach and Hampton Roads to have the option to live in this wonderful community. The views are icing on the cake. We have earned your trust, please let us meet the needs of our community, people who will be aging and want to come to Westminster Canterbury should be able to do so. Thank you for your time. Mr. Weiner: Thank you. Any questions? Thank you. Ms. Sandloop: Todd Solomon, followed by John Wolfe. Mr. Solomon: Good afternoon commission members. My name is Todd Solomon. I'm here representing the Shore Drive community coalition. In February, the coalition voted to oppose and ask you to deny this application specifically based on its violations of the Shore Drive quarter overlay density requirements and the building business 901 height requirements which were mentioned earlier. The property here, it's not a request against senior living. It's a request against density, excessive density for the last 20 years that Shore Drive community coalition has been in existence. We've been here at least a dozen times, talking about high density multifamily developments on Shore Drive. Unfortunately,we've lost almost all of them,you've approved them, but you've done so within the code requirements, the density requirements, 24 units per acre, 36 units per anything over four acres. We tried to knock those down, but everything that you see going up now,next to the Lesner Bridge,the overture next to the Great Neck bridge,the apartments they are all built within the read density requirements. This project; however, exceeds the density requirements by 250%, 250%, not 20% or 25%. It's unheard of the height violates your 165 rule for senior housing by 50%. It's going to be the second tallest structure in Virginia Beach next to the Western Town Center and lo and behold the code for the developments at Town Center restricted to 200 feet. This is 50 feet more than you're allowed to at the Town Center. And it's also 50 feet larger than you can do at the Oceanfront, which is 200 feet. This will definitely be an iconic structure that is for sure. And if you look in your comprehensive plan and search on the word iconic,it only comes up once and it comes up in the Town Center Pembroke area as an iconic Skyline, which is high rise development. So, this project not only that your comprehensive plan also requires you to have this specific neighborhood and Shore Drive to be a suburban neighborhood aspect. This multi-use high density high rise is urban, and it is definitely not a neighborhood concept. By all accounts, there's no way that you could be approving this. We request again, not saying don't build anything there, but if you could at least factor in the codes that you are responsible for overseeing into this project, is what we've been pushing forever and ever. And oh, by the way, there is another one two years ago you approved for a senior housing development on Shore Drive, next to Taste Unlimited, called New Millennium. That is six acres and 204 units, and lo and behold, it falls in the 36 requirement. Mr. Weiner: Any questions? Thank you. Ms. Sandloop: John Wolfe, followed by Jamie Forest. Mr. Wolfe: Honorable members of the Planning Commission. My name is John Wolfe. I reside at 3100 Shore Drive, Virginia Beach, which is also known as Westminster Canterbury on Chesapeake Bay. As President of our residents Association, I can say with confidence that we have the enthusiastic support of our residents for our expansion plans as presented to you. However, I feel it is important to provide a little perspective for this proposed expansion. Forty years ago, a group of visionary Virginia Beach citizens saw the need for a secure and attractive retirement community to meet the needs of aging seniors and their health care requirements. They worked diligently and met that challenge and the first phase of Westminster Canterbury was built. Twenty years ago, the need again became apparent and a dedicated group of people stepped up to enable expansion of our campus and I'm glad they did because that's where my wife and I live. Today, the need is again before us. Currently Virginia Beach is identified as you've heard as one of the three metropolitan areas of the United States with the largest unmet need for senior housing. In the next 10 years, the population needing this type of service will grow by 50% according to forecasts. I believe it is time for our generation to meet the challenge of providing additional first- class senior housing along with state-of-the-art medical facilities for an aging population. The plans you have before you today represent a major step in meeting those needs. My wife and I have lived at Westminster Canterbury for almost five years and we feel is one of the best decisions we ever made. We are engaged every day, socially, physically and culturally, through a great variety of enrichment programming. We also have the security that a life plan community affords. Hopefully this opportunity can be available to our friends and neighbors at the most affordable prices possible,increasing the size of our campus,to the extent proposed is an important step. Our community is a valuable contributor to the city,paying over$1 million in property taxes and using very few services, but more importantly, we give back to our city in many other ways, through thousands of hours of volunteer community service. We know we are good neighbors, and responsible members of Virginia Beach. Thank you, we appreciate you and we hope for your yes vote. Thank you. Mr. Weiner: Any questions? Mr. Redmond: Excuse me sir, what was your name sir? Mr. Wolfe: John Wolfe. Mr. Redmond: Mr. Wolfe, thank you. Ms. Sandloop: Tom Forest to be followed by Jamie Forest. Mr. Forest: Good afternoon. My name is Tom Forest. I'm an owner at Ocean Shore condos next door to Lynnhaven Fish House property, now owned by Westminster. Much to the dismay of my condo neighbors and neighbors and surrounding condos, I'm going to take a different approach and perhaps unpopular approach in my limited time. Let me state for the record that I'm opposed to Westminster Canterbury expansion as currently proposed. I have some questions which I don't believe you'll be able to answer and some statements for your consideration. As opposed to some of the statements of concern you'll hear today, we can't use feelings, emotions or other psychological analysis to just as justification to protest change, change stinks, and people are naturally resistant to it. I've worked as a change management consultant for both KPMG consulting and Deloitte Consulting. I have years of experience dealing with resistance to change and facts and regulations matter. This is not about the current residents, Westminster residents that are here that have no stake in this in terms of their future. It's not about Westminster trying to take on the impending increase of senior citizens and the 92 people that they cited that were interested in coming here. Well, that's probably because they don't work full time and the other people that are opposed to this are working full time that's why they can't be here. This is also not about the Vibe as one person recently said on TV, since that can't be quantified and can certainly mean different things to different people. It's about existing building regulations has been cited, particularly as it relates to acreage. Even if the concession to the business district section 901 is agreed upon by the city and Westminster and the building is reduced to 165 feet or 14 stories, the project may still be moot given a small footprint where the high rise is to be located in order to adhere to the Shore Drive corridor overlay section 1704 density requirements of maximum 24 units per acre. The Planning Commission notification letter is a great example with a little map on it, if you examine the acreage for the existing Westminster buildings regarding density and compare it to the recently acquired properties, so the question is,after the final addition the adjacent properties to the existing Westminster campus, will it be combined acreage in accordance with the density restrictions. Starfish Road has also not been addressed sufficiently before construction begins and the volume of residents and staff increases after the new buildings are completed, Starfish needs improvements at the intersection Shore Drive, there are no visible painted lines for vehicles and intend to go either straight or left when facing south, which often admits vehicles from taking a right turn on red and there are also parking spots if it's close to 34 feet from the stop line. So the two cars lined up to go straight or left prevent cars from taking right turn because the west side right-of-way, it's 24 and a half feet, I suggest looking at expanding the width of Starfish. Mr. Weiner: Thank you, any question for Mr. Forest? Thank you sir. Ms. Sandloop: Jamie Forest, followed by Roland Davis. Mr. Forest: Am I able to speak for my wife who's sitting right there? If she's not. Mr. Weiner: She doesn't want to come up. Mr. Forest: No, she's on a machine, she has prepared notes. Mr. Weiner: Sure, sure. Her name is on the list. Right. She has the card. Mr. Forest: In response to the staff, it was in the staff report, I noted that what is the Shore Drive coalition of civic leagues cited in that report, no such organization exists, assuming the staff planner meant the Short Drive Community coalition. The first official discussion by Westminster reps was at the February meeting, not November as was cited in the report. In reference to the comprehensive plans vision for the suburban areas Bayfront Community per the staff recommendation for approval, how is a 22-story glass building consistent with the current aesthetics when the existing Westminster buildings are all brick, and no other waterfront property remote is mostly glass. In reference to the Shore Drive corridor plan, how can this construction approval be in conformance with the plan, yet not be in accordance with a Shore Drive quarter overlay section 1704 density requirements up to maximum 24 units per acre. It was stated in the approval recommendation that Westminster met with some condo association residents mid- November, but met with Ocean Shore Condo residents on December 17th were immediately next door less than 30 days before the original Planning Commission meeting was scheduled for January 8th. And just before the holidays, since we were among the most impacted by the final design, this certainly gives the appearance that Westminster was trying an end around without vetting with their closest neighbors. Thankfully, this topic was delayed until today to give us a chance to analyze our proposal more carefully. I hope you give the facts full consideration, reevaluate the staff recommendation, given the inconsistencies. And one final note, one neighbor who was unable to attend this meeting, lives in a condo nearby is a firefighter and he has grave concerns about an attempt to get residents that will need assistance down 22 flights of stairs as Mr. Coston I'm sure could appreciate. This has become more of a safety issue as well. I can also state that I used to work in Dominion tower years ago during my consulting days, and they had regular fire drills. And I walked down from the 22nd floor down to the first floor and while at that time, I'd been working out more carefully. It was not an easy task at the end of the day. If you can imagine trying to get senior citizens who may not have the ability to get down 22 flights of stairs that could be problematic and can be very dangerous. Thank you. Mr. Weiner: Any questions for Mr. Forest? Thank you. Ms. Sandloop: Roland Davis followed by Holly Cronauer. Mr. Davis: I have presentation slides for you all, I would offer to put it up there. Mr. Weiner: That's fine. Closer to the mic sir, please. Mr. Davis: I'd like to have it passed out first. The only thing I've learned today is I'm part of the Silver Tsunami. I might as well start using just for men hair coloring. Mr. Redmond: Let me know how it works. Mr. Davis: My name is Roland Davis. I have lived and had a second home on Shore Drive on the bay for 25 years. First slide is this will become the third tallest building in the city of Virginia Beach. And to everybody in the audience imagine going out your back-door back deck and find the Armada Hoffler Tower next to your house. The second slide is the third tallest building is the Hilton on 31st Street. That was 140 feet from the seawall over 400-foot beach 100% commercial was being proposed on the third slide the day will be 40 feet from the Bay wall, less than 200 foot beach and 100% residential area. The fourth slide shows the shade that is going to extend well beyond just the immediate area, but extensively down the beach. The length of that shadow is not known because the study doesn't show the length of those shadows. The fifth slide is the suggestion of moving the tower to the West End. If you move the tower to the west side that will result in minimal shade to the adjacent neighborhoods and avoids the public beach shading. It's also zoning best practices and that's step-down zoning and transition zoning. The last slide shows exactly the dimensions in their site plan that the tower can be moved to that Westside,it eliminates the shading conflict, and it maintains the transition down zoning concepts, it also fire access to both sides of the building,not just one. On the last slide,my suggestions and independent sun and shadow study you have a two-page document of what that exactly should be. It should be like a real estate appraisal; it should be independent. A comparative repositioning of the concept for the fair decision if you're going to adjudicate this, know the options, review with the city attorney's office to ensure the city's future liability, a one mile notification to the residence, not just the adjacent I live 1500 feet down the beach. I didn't receive anything in the mail and a report on step down zoning best practices with the American Planning Association. Mr. Weiner: Mr. Davis, thank you very much. Any comments to Mr. Davis? Ms. Sandloop: Thank you. Mr. Davis: Thank you. Ms. Sandloop: Holly Cronauer, followed by Fred Levitin. Mr. Cronauer: Good afternoon, members of the Commission. My name is Holly Cronauer. I'm a resident of Ocean Shore and a board member at Ocean Shore and I'll use a couple of seconds to ask the Ocean Shore residents to stand to demonstrate to you that we have a significant interest in this situation. Thank you. Westminster Canterbury is a nationally recognized institution we all recognize that. Likewise, the communities that surround Westminster Canterbury are regionally recognized and are home to significant number of residents of Virginia Beach. Westminster and the residents that surround Westminster have coexisted for a large number of years. However, I submit to you that that the harmony between Westminster and the residents of surround Westminster has deteriorated over the years,particularly as Westminster has expanded. Now we're proposing another giant expansion. I have numerous concerns with this expansion. I don't have time to address them all. I sent information letters to each member seated here as well as to all the members on the counsel. I want to address one issue today in my limited amount of time. Parking. It's already been discussed by a number of people. Parking is an issue at Westminster today. If you go to Westminster, any day, any working day, their parking lot is full right now. They have numerous activities, visitors and whatnot. Parking is a problem today. The report cites ratios based upon units and owners. It now addresses how many spaces they're going to increase. What the report does not address, even in Westminster's own opinion is whether that parking is going to be adequate? It just bases it upon a ratio of spaces to owners. I submit to you that's a question that you need to research. You know,is the parking that is being proposed,just for their units adequate. Parking in the tower does it consider their staff? Here again, it sites a ratio based upon units and owners there, the staff is going to increase. So,you know, I ask you to take a look at that. What's the plan for the pavilion? Is the pavilion going to be an increase in activities that's going to bring visitors into there and is that going to increase the parking requirements? Has that been considered? I ask you to take a look at that. Parking is a concern for everybody that lives in the area. Mr. Weiner: Sir. Thank you very much for your comments. Thumbs up, any questions? Ms. Sandloop: Thank you. Mr. Weiner: Thank you. Ms. Sandloop: Fred Levitin, followed by J. Friedman. Mr. Levitin: Good morning. Thank you for your good work that you all do. I have some personal things that I'd like to address. One is when they do their pile driving to put in this monstrosity of a building. What effect is it going to have on the construction of my condo which is adjacent to it? I live in Ocean Shore condominiums. That's a very big concern to me. Also, they are moving a public access road or public access lane. That is between the fish house and La Playa over to be adjacent to our property. We already have a public access on our east side. Now we're going to have public access on the east and west side, which I think is unfair, because it just crowds our beach. Essentially, it's going to give them a public beach, a private beach. When they're doing their building, I don't know if they're going to address this or not, but we have prevalent winds Northeast, Northwest constantly all the time. And when they're building this thing, if it's going up 22 stories, what about flying debris that we have to put up with and how they're going to take care of those. Also, I'm in agreement with past people that have talked that this should be downscaled. It should be in brick instead of glass like the rest of their units and in conjunction with the environment of Shore Drive, there are no glass buildings on Shore Drive, they are either concrete or brick and it should be that way. It also would be a good idea if they flip flop these things so that it would not be so much of a concern about wind and shadow on our condominiums. Thank you. Mr. Weiner: Thank you sir. Any questions? Thank you. Ms. Sandloop: Jay Friedman, followed by Celia Friedman. Mr. Friedman: Hi, I'm Jay Friedman. I live in Ocean Shore Condos. Upon reading the planning staff's recommendation for the approval of the project, they based it upon being consistent with the Virginia Beach comprehensive plan. I cannot agree with the same assessment because when I look at the Virginia Beach's comprehensive plans vision for the suburban area, Bayfront community, it's to protect the character, economic value and aesthetic quality of established neighborhoods and that is the opposite of what this project is going to do to the neighborhood. As you've been hearing,this will be the tallest building currently in Shore Drive corridor by 16 stories. It will be totally out of character with our neighborhood. As you've heard, it's going to be the second, it will be the tallest building outside of Town Center and they want to make an iconic building, it will be because you're going to be able to see it in the entire city. We're a residential neighborhood, you don't put an iconic building in a residential neighborhood, and it just doesn't fit. I've been to the city of Houston a number of times; they don't have zoning. If they have a piece of land, they can put a building up a 50-story building at a residential neighborhood and nobody can stop it. And that just totally destroys the neighborhood and that's what's going to happen here. If you allow this what's next, 30 stories, 40 stories. It opens a can of worms for our quiet neighborhood. Second, by having this tall monstrosity of a building, it would be virtually impossible for our property values to go up. They say they're going to get $3 million of property taxes, how about the decrease of our property taxes, because of what we're going to have to be living with. All of the negative aspects of the new buildings are being focused away from their buildings. It's in their report to the detriment of the neighborhood property,neighboring properties. A project of this magnitude should not be allowed the force in neighborhoods received the brunt of all problems during and after construction. They could move some of the noise over to their side instead of on ours or even the trash areas. The third vision, aesthetic quality of established neighborhoods, how can that be when the neighborhood just changed from residential this big corporate looking building that's going to congest our roads, change our beaches, alter the ecological system,hurt our property values and change the way of life that all of us enjoy by living in this Shore Drive corridor. In summary,due to the height of the building and the location services needed for the building, this commission should reject the proposal and request changes that are neighborhood friendly. Mr. Weiner: Any comments for Mr. Friedman? Thank you. Ms. Sandloop: Celia Friedman, followed by Lisa Leidig. Ms. Friedman: Hi, my name is Celia Friedman. I've been a lifelong resident of the Hampton Roads area and have been a citizen of Virginia Beach for the last 38 years by choice because of her standards of living. I'm also a resident of Ocean Shore condominiums. Today you'll hear many accounts to the opposition of the proposed plans for Westminster Canterbury to build the 22-story tower on the Chesapeake Bay. They even call this a landmark for our city, but this is a private facility with amenities available only to their residents and their guests. The plans as currently proposed benefit only the privileged few. Westminster Canterbury's only concern is for the beautification of the facility, and not the lives and standard of living that we chose for DBH to live of their neighbors in the Shore Drive corridor. With modifications to their plans,I would hope the city, the corporation of Westminster Canterbury, and the end of Shore Drive, can find a plan that benefits and is pleasurable to all not just a few. And let me just say, this home that I'm living in now is my dream home too and I want to keep it my dream home. Mr. Weiner: Thank you, any questions. Thank you. Ms. Sandloop: Lisa Leidig followed by Greg Kunsch. Ms. Leidig: Good afternoon. My name is Lisa Leidig. I live on Starfish Road 2312 and this was important enough for me that I actually took off work. I didn't get to catch a bus. The beach access, all right, this current beach access from Starfish Road I have been using for the last 27 years. I use it all year round. It's beautiful. It's convenient and it's also publicly owned. Let's just make that clear. Westminster Canterbury does not own that strip of land between the Fish House and Casa De Playa,by them moving that access over to the west side of Ocean Shores that's going to create a private beach for them of approximately four tenths of a mile because the next access is that clean street. And I say it's going to create private beach access because I've lived there for a while. Every time, we have northeast, steady northeast winds or a high tide,the waves are in the water is pushed up under to the point that you cannot get under the Fish House. Also, they are retaining the public beach access stairwell from the sea wall down to the beach in effect going from a public beach access to now a private beach access. There is also HRT runs a bus line at route 35, runs during the summer from May to September. That drop off is right there in front of Westminster Canterbury for the express use of residents and visitors to use the public beach. How are they going to get there? If the Starfish access is closed, there is precedent to keeping public beach access public. There was just a case in North Carolina that they wanted it to be private and it was denied in court. Also, the Surf Rider Foundation back in 2011, said that existing public coastal access opportunities must be retained new or increased public access opportunities should be provided, and development must not be allowed to interfere with public access. The public should be afforded full and fair access to beaches, which are public trust resources by minimizing the possibility of impediment, including development subdivision or land use zoning changes. So what I'm asking you to do is to make Westminster do what everybody else is required to do in the city and that is stick to the restrictions, stick to only their property and build something that the community wants. I personally want all of you to vote in denial of this request. Thank you, if you have any questions. Mr. Weiner: Thank you, ma'am. Ms. Sandloop: Thank you. Greg Kunsch, followed by Steven Annunziato. Mr. Kunsch: Well, my name is Greg Kunsch. I actually live in Witchduck area. I've been here for 35 years and I call Shore Drive a quarter of my home. Actually, I call all of Virginia Beach my home. I think of it as a community,right? This is a community. What are the different areas? Right? I think of the Ocean Front,the big skyscrapers,right? That's cool. That's what we expect, I do expect the shadows down there, expect my view to be blocked, right? We got the north end, right. And then I got Shore Drive, Shore Drive is a local's only guys. That's why we set up the whole Shore Drive, corridor, condominium association, all that stuff. I'm not a legal guy. I'm just a normal guy trying to enjoy the community. I'm concerned, right; you guys should be concerned about it's really happening for the long term. Do I want more big buildings along Shore Drive, shoot skyscrapers? I hear about community from Westminster, right? If they were doing an expansion, what would you normally expect; I would expect the kind of same size building, an extra wing to be proposed, right? I wouldn't expect like a campus proposal with another huge tower, this big on the other end, I'd expect a little expansion, a wing, yep. Maybe something low, some sort of way of keeping some public access to that beach and making it more normal, like it was supposed to be for the common man. Right? It's what we would expect. I would ask that the council look at what they're proposing. We've heard a number of different ways through laws, through procedures,right? But also just through common sense,right? Why not relocate the tower to the other side? Why did they push it over here? Why don't make it the same size, make it a little extension, same size, the shadow effects go down, the wind issues go down, right, and we can actually kind of enjoy everything, right? That sounds like community to me. That's really what I'm asking Westminster and the council to kind of enforce right,is that community approach. We've all got to live there. Once it's built, it's done and we're there for the next 50 years. Is that really where we want to be in 50 years? More of these towers, I don't think so. Thank you. That was my thoughts. Mr. Weiner: Any questions? Thank you, sir. Mr. Kunsch: Okay, thank you. Ms. Sandloop: Steven Annunziato followed by Patricia Kalellis. Mr. Annunziato: Members, thank you very much for your time. Recently, I am a new Virginia Beach resident moved here a couple of years ago, immediately asked the city to be involved in the city because I do love it. We've been vacationing here for years. I sent a letter to you with regard to a different issue that I think is actually quite an imperative. It has to do with the viability, so the basic context that you've been given is that this is needed that there is a need for skilled nursing facility and for those residences. The letter that I sent you showed actually an independent research study that basically said that there's an erosion in that need, all right, that there is a need maybe in the affordable segment, but actually, if you did receive the report that I sent you from Merrill Lynch, it had cited that there is an erosion in this area, and this extreme current concern in the economic community, about the viability of these type of foundations where you build these type of developments, and you float a lot of bonds, and then it destabilizes the environment. You may recall, if you had the opportunity to read that letter, one of the concerns I had for is the over extension so Westminster has a right to build. The question is when coming to the city and asking the city for the ability to extend and to build beyond what is acceptable. There's an obligation then for the City Planning Commission and the city to look at this and determine is this appropriate? And my question to you is considering the timing of the economic cycle, considering the issues facing and the possible recession coming out of COVID-19, which we know is about to occur. We're seeing a great slowdown in the economy. What is the impact if we have a large expansion, not only to Westminster, but you have to consider the other skilled nursing facilities, because if you have an overbuild here, you have a burden on the other facilities and their viability, you're creating a vacuum. And I warn you to consider that very carefully in your consideration for this extensive expansion. Any questions? Mr. Weiner: Thank you, sir. Mr. Annunziato: Thank you very much. Ms. Sandloop: Thank you. Patricia Kalellis followed by Robert Perrine. Ms. Kalellis: Hello, I'm Patricia Kalellis and I live at Ocean Shore Condos. On March 10th of this year, my husband and I've been living here for one year, having traveled to Virginia Beach many years over the decades actually to be with family so we're well familiar with the area. We moved into Ocean Shore after looking in many different locations because it was, we moved from New Jersey and for us, it became our forever home. My husband is older and I am a recovering cancer patient and the two of us found that the piece of the area that we were moving into was going to be delightful. And we were quite appalled by the commotion that will come with the building of this. We survived a construction site of 60 condos right next to our home in New Jersey and there's a lot of days where your paintings are, they need to be straightened your house shakes,you worry about foundation cracks and we're worried about the construction of the condos around us. We had a situation where 14 acres of woods was ripped out and in that we lost the ability of our vinyl siding which was quite sturdy, it was melted and it melted because when the sun hit the glass on our French doors, it melted our materials. It melted some of our roof shingles. So I believe that our beautiful condos which are beautifully constructed out of brick and newly roofed at great expense will also be impacted. During that construction, we had a huge amount of dust and a huge amount of grit that settled onto the house. We needed many power washings. What I'm saying is be mindful of the impact of this on the people on our housing, and the value of our homes and the air that we're going to breathe that we came down here to breathe. Thank you. Mr. Weiner: Thank you, any comments or questions? Thank you, ma'am. Ms. Sandloop: Robert Perrine, followed by Tina Bonner. Mr. Perrine: Good afternoon. I'm Bob Perrine from Chesapeake Bay Shores. Everything you've heard is basically not in opposition to the building of these and expansion is basically how it's being built. I worked for Curve Engineering for 35 years and I was in-charge of the planning when we approached somebody in, it was the basically, we built mess halls and barracks and we approached the commander with our planning documents. Basically they were spread out maybe two or three different plans and they had to say, well, we like this or we like that, but when we went to the meeting, back in the 8th February a dockside, we were given a definitive design. And so the comments from the people there had to be defended because there was only one design and you've heard the different arguments about this design and I would like to add something, one is the traffic flow, they propose to have the entrance up the public access road and the exit on their private property at egress exit and you know there's no reason they couldn't have the traffic flow in their private for entrance and exit. The other thing that was brought up is the public access to the beach, they want to move it over, and there's no reason that it can't be where it is. It basically could be around and over what they're building. There's no reason to really move it but if it is moved, then that means that the public access people would have to go under the pier. And one of the problems with that is that if they don't do something to the pier,we recommended that going under the pier is very dangerous. Because right now, we said that it's falling apart, and people walking under, really afraid to walk under it. And they said, the people there said, well, we'll fix it right away. Well, here's a picture of. Mr. Weiner: Sir, thank you for your comments. Any questions for the speaker. Thank you, sir. Mr. Perrine: Thank you. Ms. Sandloop: Thank you. Mr. Weiner: Sir, would you mind providing that picture since you should, during the hearing? Thank you. Next speaker. Ms. Sandloop: Tina Bonner, followed by Richard Miles. Ms. Bonner: I drove all the way down from Richmond and luckily I work for my husband so I could take the day off, but I actually wanted we've lived off Shore Drive for 30 years now. And I've actually wanted to be a part to see how things got built in the Shore Drive Area. And this is just I am against this building is just a passion play because I think I went over the edge when they built up the Lesner Bridge and the inlet and Great Neck Road where we have 236 apartments that means two cars each, we're going to have 500 cars out on Great Neck Road. I just don't know how these things get approved. So I thank the people that represent me with all the facts from Shore Drive, but it's a personal play that, you know, now it takes 5 to 10 minutes for me to get out on Shore Drive, and I can just imagine what the future holds,but I'm not Greta Thornburg,but please where's the water coming from? Where's the sewage going to? I mean, it's, and it's sad,just think twice about this. Mr. Weiner: Any questions? Ms. Sandloop: Thank you. Richard Miles followed by Paul Terkeltaub. Mr. Miles: Good afternoon my name is Richard Miles and I live in the Ocean Shore condominium community. My major concern about this project is the placement of the tower and garage. Now, why would someone want to be on the Planning Commission? It's not for the huge salary that you get and all the grief okay,I would hope that one of the reasons would be to minimize the impact of such a massive commercial project like this, that sits in the middle of a residential neighborhood. Please allow me to read the letter that I sent to each of you to refresh your memory. The $400 million project that is on your agenda today is"The largest private capital investment in the city's history." The present plan looks great if it were on an island, but as it stands now, it's right in our face in Ocean Shore. I lived in Ocean Shore condominiums, it's December of 1999. I've suffered under previous Westminster Canterbury construction projects. This proposed project would dwarf all previous projects. It is projected to take years to complete, I think it's four or five. Imagine if Godzilla were to come here from Japan and begin stomping and raging six or seven days a week for 8 to 10 hours a day for years while being in your backyard. Then at the end of his rampage, he decides to stay in the form of a massive statue 22 story with his backside facing your home, I am not talking about shutting down the project, I'm pleading with Westminster to adjust it to lessen the footprint and impact of the neighborhood,my neighbors will be talking to you their concerns, I personally would like to concentrate on the positioning of the tower and garage. Please take the time to obtain the colorful beautiful rendition of the proposed 22 story tower with attached garage with titled the design. In addition, please obtain the noticing; please obtain the conceptual master plan for Westminster Canterbury, while noticing the faint images of Ocean Shore condos and their proximity to the tower. While you were taking all this in, please visualize if the tower and garage were flip flop as discussed before, the first thing that occurred to you is that now the tower Godzilla is more centered in the Westminster property and further away from the Ocean Shore condominiums. If Westminster would make this somewhat major concession to flip flop the tower and garage, it would go a long way to truly prove their intention to be a good neighbor. This project is going to be here for generations and what is done now will be a reflection on Westminster Canterbury, the Planning Commission and most of all the current members of the city council. Thank you so much. My wife could not be here. Can I please have you all pass this around. Thank you. Mr. Weiner: Thank you, sir. Ms. Sandloop: Paul Terkeltaub and Mary Sykes. Mr. Terkeltaub: My name is Paul Terkeltaub. My wife and I are owners at Ocean Shore Condominium,and we've lived there for 10 years now. We've been in Virginia Beach for 40 years, our big move was from Norfolk prior to that, so we are definitely local residents. I'm sorry that I'm having to come here to address you today on this matter,and I'm equally sorry that I understand the city has been working on this for over a year with Westminster Canterbury, and nobody other than the city and Westminster Canterbury has been consulted. We live right next door and we were never brought into this discussion. I know Mr. Nutter was pleased that you've been working with him for a year. I'm not so pleased if we had been brought in; I don't think there would be these problems right now that you're going to be subjected to. Quite a few of the neighbors have already addressed many of these issues, so I'm not going to be redundant in those factors, but we are here today, begging you to protect really our life savings because many of us spent a lot of money on our condos and with one development, one fell swoop, there's the chance that we will wipe out a great deal of the wealth of the condos right next door to Westminster Canterbury. Once again, we're not opposing this development; we're just looking for modifications instead of a 22- story building made out of glass, maybe we look at the 14 stories made out of brick to blend in with the current structures that they have on their property. You know, if Westminster's allowed to move forward with this, they say they have produced a solar study, they say they produced a shadow study. They are not solar studies and shadow studies, as mentioned before,the wind study is imperative. The other thing that I will tell you that is woefully inadequate, it's been addressed once but I'm going to do it a little different way is the parking garage. The parking garage is nowhere near large enough to handle all of the population,the workers, visitors, etc,that are going to be there. One other issue that they didn't mention is that the parking garage is built on an 8% grade. If you don't know when an 8% grade is in a parking garage, please go down to the PNC building in Norfolk, Virginia off of St. Paul's drive into that building,when you enter that parking garage, you're at such a slope that you can't see over the first hump when you get in there. Now, if you're fortunate enough to have your parents still alive, if you feel comfortable driving in that type of garage, have your parents drive in that type of garage and see how well that works out. We're talking 70-80-year-old people that are going to be driving, it's totally inappropriate for the way this was designed. You know, my wife and I are in our 60s. In the last eight years, my wife has had a stroke and I've had to give up my career because I've been diagnosed with mild cognitive impairment, a form of dementia and so it's nice and the point being in saying that is it's nice that Westminster Canterbury says they're there for everybody. My wife and I financially can afford to go into Westminster Canterbury; they will not take us because of our health. So you have to be healthy and wealthy to get into Westminster Canterbury. One doesn't make it for you. Mr. Weiner: Thank you for your comments. Mr. Terkeltaub: Thank you. Mr. Weiner: Any questions? Mary Sykes followed by Marina Liacouras. overlay corridor district and the design requirements implementing it. Your CUP criteria that you're supposed to impose, evaluating this decision requires that you consider the compatibility with the neighborhood in which the project is located in terms of existing land uses and proposed new uses. And I request that you do that here. What WC calls an iconic landmark is actually a building of size and material that's totally out of sync with the existing community. A 14-story brick building would be much more appropriate. You should consider the fact that and encroachment agreement is going to be required temporarily for the pedestrian walkways,followed by a lease of airspace, according to the report that says that's what your city attorney required. If you approve that and you approve the 22-story tower, you're opening the door for precedent that we have no idea where it will end. And you should really consider that before you make your decisions here. Also, this expansion is located in a very environmentally sensitive area right on the shore that Chesapeake Bay, it's already prone to flooding. I wrote this before I heard your discussion this morning, but you now know the plans that the city has for addressing coastal flooding and sea level rise. And I ask that you show your commitment to those issues by asking for more detail on how this particular project is going to satisfy or address those issues. We don't have anything right now with the stormwater management and water quality issues,you need more details there. This is the water we fish and swim in and I ask that you really take consideration of the environmental issues regarding stormwater quality as you consider this project. Thank you. Mr. Weiner: Any questions, thank you. Ms. Sandloop: Peter Scott, and then Andy Bond. Mr. Scott: Good afternoon,ladies and gentlemen. I am Peter Scott. I moved to Virginia Beach for one year, that was 12 years ago. I like it here and I stayed. I am a resident of Beach Heaven Drive which is the road immediately to the west of the development. I have three concerns. We have heard a lot about the 165 feet maximum height. You heard in the informal session this morning that the city has the authority to grant a deviation on that limit. What was not said this morning is that according to the ordinance, it should be a reasonable deviation and it should be where there is no significant detrimental effect on the neighboring properties. So firstly, I would like you to consider basically those requirements are not met. We've heard a lot about the density. It's a 17-acre site, 36 units per acre that's 612 units. The current development already has 540 units. So that means there is 70 left to develop. The council as I read it has no authority to relax that density requirement. And the third part is the senior housing facility development guidelines, that's incorporated as an annex to the zoning ordinance. It calls for compatibility. It calls proportionality. It calls for setbacks and it calls for maintaining the existing views. Now, we had heard by a previous speaker that the views are the icing on the cake. I agree. I'd like to keep mine. Bottom line, there are so many requirements where this does not meet the planning guidelines where the city has no authority to go against those guidelines. You have no option but to reject it. Thank you. Mr. Weiner: Any questions? Thank you, sir. Ms. Sandloop: And our final speaker, Andy Bond. Mr. Bond: Good afternoon. My name is Andy Bond, and I live in Cape Story. And I came down just to register my objection, because I'm worried, I love treating people fairly and equally, just as I'm sure you all do. And so, if you allow this, you're going to get more of this and that's what I object to too big. I also wanted to come down and support whatever Todd Solomon said, because he's one of the smartest guys I know and he told me that he didn't get a chance to tell you about a survey that our community put online. And so I wanted to share with you those results, which as I understand it, Todd has sent you as the from the Shore Drive community coalition,but just to put it out there in public, we got 515 responses, and 397 of them object and with regard to reason or justification for that opinion, looks like 461 and I'm not going to try to figure out the small print with regard to percentages because my eyesight isn't as good, but you have this and 461 out of 515 responses. We're worried most about the precedent that this would set which is exactly why I came down to voice my objection. Thank you for your consideration. Mr. Weiner: Thank you. Any questions? Thank you, sir. Mr. Bond: Thank you. Ms. Sandloop: No more speaker. Mr. Weiner: Mr. Nutter. Back to you. Mr. Nutter: Mr. Chairman, thank you very much. You know, with that many speakers, you would think that the staff had completely blown this and somehow I don't believe they have. You know, your staff better than anybody here in this room and including myself, by the way, so I do want to respond to a couple of things. First, I mean,we have no intention of trying to impede upon them at all. That is why we built in a 46-foot setback when 10 foot was required over four times the amount required by ordinance, that's why we redesigned the access ways into this building so that they would not get all the bad stuff. We would move it to the internal part of the campus down there, it's there today. All that's been done. It may not have been,they may have not seen that part that's been all been redone. I would like to talk a bit about the density issue though, because I'm afraid that they completely misconstrue the density issue in Shore Drive or anywhere else in the city. City Council, almost 20 years ago, amended the density ordinances for senior housing to be by use permit, and the density would be set in that manner. That's true all over the city, that's true for the existing Westminster campus and it's true for the expansion. I report to you that there is no density violation here, whatsoever. The reason council did that, by the way, was because senior housing doesn't have the impacts of non-age restricted housing. It has a completely different impact on public infrastructure. That's the reason they eliminated the density requirement. They also did it because they knew there was a need for senior housing in this area unless they did it outside of density restrictions in normal areas, they would never be able to meet that need. I can tell you right now, there are senior housing facilities all over this city that are there by use permit for the density set by Council in the use permit. There's no density violation here whatsoever. With regard to the height of the structure, you have heard a lot about that today. And let me just give you a couple of things to tell you about that. The city code, I'm afraid has somewhat conflicting provisions on the height in this area. And in fact, if you look at section 222 and 235, which outline the use of all the requirements for senior housing, the signage, the density by the way, the parking requirements, all that is set in there. Not one, there's no height restriction whatsoever. If you look at the section before, which is all zoned in Section 904, that ordinance sets the height. It says, for all uses within the district, there is no height limit for senior housing. So admittedly, if you look at another section 901 down in it, there's this 165 requirement. I have no idea why those sections don't coincide with one another. I don't, but I can tell you staffs been comfortable with this height. We've been comfortable with the height, as has BAC when they looked at this back in November, so I wanted you to know that we are, but finally, and most importantly, that conflict didn't exist, you have the ability, the council has the ability to set the height, and of course, what they think is built right here. So we're very comfortable with that. The one thing I tell you about this has really got me that particular view, Mr. Coston,that somehow we didn't meet the fire department requirements and I just want you to know,that we gave them every aspect of these buildings including they wanted 26 feet all the way around three sides of this building. Someone said there's only one side of the building that has that. Actually, all three sides have a minimum of 30 feet around this property. There's a turning radius that the fire department had to approve. I'm not sure what someone's notes reflect in a meeting, but we took notes of both they wanted and our plan reflects that. Finally, couple of things on the environment, we are huge stewards of the environment. We do not touch a primary sand dune. We are on the other side of the bulkhead. In fact, I will tell you that we're eliminating those portions of this project, existing buildings, go right up to the bulkhead. We're tearing those down, putting in a completely grassed area there, which doesn't exist today. We're retrenching from those areas. And I will point out that their properties are seaward of ours. Our building is going to be behind,nowhere their building is closer to the bay than ours. We take this very seriously. In fact, another point that I have to take issue with, it says we needed to have a Chesapeake Bay act approval for this. Well, we went to the Chesapeake Bay Board, reviewed the plans with them and they said we're going to approve this administratively because you're retrenching from the Bay. You're not going closer to the Bay, you're improving the situation not making it worse, we have the authority to do that by code. I want you to know, we take that very seriously. We're retrenching from these areas not building up to them. We're not having an effect on the dunes whatsoever. A couple of the comments had to do with the building being brick. Let me just tell you something. The problem we had with brick, notwithstanding, Mr. Wiener, I know it's close to your heart, on the Bay, we've had lots of water seepage through the brick in those buildings today to the point we've had to look at re- cladding them. It's a wonderful product. Mr. Weiner please understand, but that's been a strong driver of why we went to this region. As regard to the glass and the metal,those are actually more expensive in many cases than brick is, their products being used all over the country today, and they asked about the impact of the glass and the shade on one. We submitted a report to staff. I had no idea that there was such a thing as glare or an impact on adjacent properties. So fortunately, our architects did. And I'm here to tell you, they have submitted the report to you and that report showed that as long as the percentage reflection is 40% or higher, that's where you have damage to adjacent properties. This building is designed with a reflective ratio of between 9 and 13%,well under what they knew going in, and I didn't. But they knew, they were smart enough to know going in that we would not have an impact on adjacent properties. I think we've tried to look at, I'm trying to highlight some of the issues. One of the things about the impact of who can live here who cannot, I will tell you that what we did in this building is in this, in the new building is we made sure that one third of those units are subsidized, one third because we don't want this to be any more expensive as you know, we have a foundation which provides three different levels of financial assistance to people in that building. One entering in a building,Westminster Canterbury is only one of three senior housing facilities in the entire state,has a foundation to help fund people coming into the building. Now, I don't think going into I mean, coming in, they cannot meet the requirements, they will pay that difference for them. And as you also know, one third of the units throughout the entire project are subsidized by the more expensive units,they pay a higher amount so that others can live there on a subsidized basis. Finally, they have a fund that makes sure that if someone runs out of money while already here and that happens sometimes, unless of course as I mentioned, they go to Vegas, instead they want to blow all their money one weekend, barring that scenario, if they run out of money, then Westminster will carry them for the rest of their life, and give them $800 a month in spending money over and above carrying all their costs. So this isn't a group that funds it knows that the environment, it's that the people entering the program, it's not for everybody and there are lots of other products out there,but as a viable product that people here like, and the best testament to that 500 plus people sent a check to be on their waiting list, 500 plus. Another thing I like to mention to you is the impact say with lowering the building, which by the way, there's no reason to lower the building, none whatsoever. We've shown that there's the shadow studies don't affect the beach during the summer months and the shoulder months at all. The shadows do affect the beach during the winter months, when the shadows from near buildings affect the beach. It's just the nature of where the sun is at different times of the year. So there's no reason to reduce this, why would you do this because the effect is, quite frankly, for each, if you would lower this down, let's say 16 stories, you would eliminate 600 to 700 families being able to use that facility just to 20 years alone, 20 years alone. And on top of that, when you reduce that size and so forth, you make this far less affordable, not more affordable. That's the goal here is to build something first rate, that meets all the market demand, that's affordable as we can't,that's why they put it here. They can,if you will use the adjacent facilities they have to offset administrative costs. So I know there are people against it and I wish I could eliminate that, but one of the things I'll tell you there were concerns that we hadn't reached out to Ocean Shore and let me tell you what we did,we first met with the condominium owners that are behind us because there we were blocking their views. We were blocking their view. We met with them early on, we were concerned about that. They had this wonderful view over the Bay, over the parking lots all this time, and it was not going to change. And we're working with them and I don't think we've had one speaker from them. We met with Ocean Shore, we met with Ocean Shore, we sat down and we went to their management position and we went to them in November by the way, not December. Their management said, let us set up a meeting. But I would tell you, we've worked very closely with those people. And I come into very good resolution of issues with that. But I've also shared with you that we didn't get the date to meet with Ocean Shore people. We got it from their management that was in December. I wish it would have been earlier too, because of the holidays. There's not much you can do during that time period, but they asked us to defer the application and we did. We made sure we listened to them and hear their views. So, having said all this, I'll share with you that nothing has changed from our presentation. We still have your staff recommendation, your BAC, not recommendation but finding no concern. And we have your senior housing committee, which is looked at and by the way, it's more than a meeting, we had to submit a 10 page report to them on the hallway widths,ceiling heights, fire department issues,pull cords, and all that, not to mention the staff ratio, staff to person ratios. It's a 10 page report; you have to submit, so what the young lady saw or didn't see, but it's a long way from going to a meeting in a hallway with the Fire Department, it was a serious sit down meeting with the staff. And all of that comes with the recommendation approval. I would ask that you, I'm happy to answer any questions. There's a lot of factoids here, I am happy to go over, if you want to go over parking. I'm going to go over traffic, you want to go over the glaze study, we can go to the glaze study? I'm happy to go over that with you and answer any questions you might have. Mr. Weiner: Any questions? Yes. Mr. Horsley: Mr. Nutter will you address the idea of moving it to these from east to west side? Mr. Nutter: Sure, I'm happy to Mr. Horsley. The issue with that is the way the campus has been designed, they wanted to focus all the heavy activity where the traffic came in, where the truck deliveries were made and they want to keep that all on the inside of their campus close to where it is today and that's why,what they did is they revised the access way into the new building, the new IO building that was originally going to be on the far east side. That's where all the big truck traffic, they changed that. In fact, that was where all truck traffic and all vehicles to that building were going. We move that to the center, that's the reason why. They wanted to frame their campus and they wanted to move those facilities inside more central where they are today. That's why they left this way. Now, I'll also tell you that moving this building around like they say,which has,by the way would have almost no effect on the shadow increase by the way. Bear that in mind, on top of that then we start blocking views of the residents that live in Westminster today. They're entitled to their views, and we're not blocking one person's view to Ocean Shore. The building is set back 40 feet behind their buildings. You can look at the elevations. Unknown Speaker: [Group talk]. Mr. Weiner: When you go to city council, if it goes to city council,you can do it then,talk to the city council. Mr. Nutter: So anyway, we made sure we did not affect their views, there's going to be a building beside them one way or the other, we can affect that. But we looked at making sure we were behind the front of their buildings and providing big setbacks. So anyway, happy to answer your question, thank you Mr. Horsley for the question. Mr. Weiner: Any other question? Mr. Nutter: Yes, Mr. Wall. I'm sorry. Mr. Wall: Can you address construction, time frames, pile driving all that? Mr. Nutter: Yes, sure. We have doing geotechnical studies now, when we do that, we will determine if we do use augers or we'll do pile driving. We don't know the answer to that yet. It has to be based on the piles below, but what we did do, and when we do that is we go in for their permission. We put sensors on all their buildings, we put recording information on all of them, so we know if there's any impact or change in their facilities, and we're fully responsible for any damage that occurs during that time. The best thing we do,by the way is we have a schedule with them so that they'll be advised in advance what's happening when, and because parking is so tight in there,what we're doing is we're providing that the contractor has to complete, all his employees have to park completely off site, and they bring them in by shuttle, so to effect that, so we do that and I've done over this time,but I'll tell you last time we were doing this last expansion, Mr. Wall, we would go over and have picnics at the property next door once a month to make sure we were not an imposition. I don't know anybody in the world that does that, to be honest with you, but they did. So anyway, but yeah, they take that very seriously. Mr. Wall: Thanks, you know, where there's pile driving, which can be auger that hasn't been determined yet, so it could be, you know, months? Mr. Nutter: Trust me, and we have residents right there as well. If conditions are right, we'd sure like to pursue the other alternative. Mr. Wall: Duration, like what is the time duration? I think it was mentioned completion by 2025? Mr. Nutter: Well, let me tell you that schedule first and the first one eventually that's correct, by 2025. With the first building would be the typical AO building the seven story structure, that would be the first building that's constructed, we would then make some modifications to the parking in the existing campus and then we would go back into the IO building, so we don't expect to start the IO building to around late 22 or 23, this timeline. Mr. Weiner: Thank you. Any other questions? Yes, George. Mr. Alcaraz: Appreciate everything you've said so far. One thing some of the opposition stated about the beach access and one person or two might have said something about the fishing pier, the existing condition. Are you going to do anything with that? Mr. Nutter: Yeah, what we've already done, but and I wish there wasn't. There's one piece of hanging wood up there. I wish it wasn't there, to be honest with you, but yeah, what we did is we're relocating about 70 feet to the west. The new access way will be much wider, much nicer and will be the only handicap accessible access way on all that entire section of beach, there are six access ways along that section of beach. This is one of the five, one of the six; the new one will be wider. The existing one is three-foot wide concrete with trees on both sides. This will be six-foot wide as minimal with breakout areas for people who have carts and want to pass with other material taken to the beach. And with handicap accessibility and have four foot of landscaping on both sides. And it goes to the beach and by the way, I'll just tell you I have since this issue arose I have been out to that beach at least 10 times and in every single time even in February, I've seen people walk underneath that pier without restriction, no problem whatsoever. In fact, the pier has been there for over 40 years, people have traversed that. Our beach in front of Westminster is not private, its public and completely open and in fact, the amazing thing is most of our residents don't go on to the beach very much. They have the big lawn, and they have fire pits up there. They don't go on the beach as much. Mr. Alcaraz: Well, my question Mr. Nutter was, are you going to do any improvements to make a nice environment for ingress egress for under the pier? It's not a public beach on the left. Mr. Nutter: Right now,today,the clearance there is at high tide,is 10 foot something and there's about 63 feet of beach again at high tide. We do pictures of high tide and low tide and put them up on our website so we could show people but they're going to completely secure it when they take off. What's mostly underneath is a problem and is the pipes from the restaurant that's been there all this time, all that goes away. It'll be much safer. It is pretty safe now unless you go right up to the bulkhead. But all that gets improved and taken out. Yes, sir, great question. Mr. Weiner: Any more questions? Thank you, sir. Mr. Nutter: My pleasure. Mr. Weiner: Anymore speakers? Ms. Sandloop: No. Mr. Weiner: We're going to close this to the public and open it up amongst the commissioners. Mr. Redmond. Mr. Redmond: There's a lot to unpack here, obviously. And I appreciate everybody being here today is very rare, we see this room this full, I do not appreciate necessarily some of the misbehavior. Always find it curious that people when they come down here would behave in ways that would get a middle schooler grounded. So probably better if we all kind of follow some rules of decorum. My problem with the Shore Drive corridor is that if you go and I'm there all the time. My brother lives within walking distance,my knives get sharpened by Low Tide Tim at the farmers market in Shore Drive. I eat at Lynnhaven Inlet. I shop around there. I'm there all the time, extremely well familiar with it is as you go along Shore Drive, and all you see is a wall. Tell me where you can ever see the Bay, if you're on Shore Drive, you can't. And the problem is the massing of buildings, these condominiums one of them, and it's only one of them because there's a lot of them all along the Bay. It is quite unlike the Ocean Front where you have more of these VISTAs where you can see to the beach, which is why to me; one of the most attractive elements of this is the building height and the reduction of that footprint on the site. I completely disagree with what Mr. May,the hired architect says. Expand the footprint and make it a big block like the old buildings. You know, I think those buildings you know, cannot fade into my memory fast enough whereas this is a much more attractive structure. It's more compact on the site allows for more scenic vistas to the Ocean Front. And as a fundamental principle of good planning that you have variation in building height, building design, building materials and building massing, and we try to achieve that all over the city, the idea that we would put the same kind of building on this larger block as you can obstruct as much of the bay as you can,just as we might have done in 1980, or 85, or very frankly, too frequently, to me makes no sense whatsoever from a planning perspective. From a planning perspective, you strive for applications like this that vary all of those planning attributes. And at the same time,do it in a high quality. I do not buy any of the arguments about private beaches or public beach with greater public access than it has today and it'll stay that way. I don't buy any of the wind arguments, all the rest of it, it just doesn't, you know, all these buildings would be tipping down all over Virginia Beach if that were the case, I work in Town Center, I have not melted because there are glass and steel buildings here. So none of those things to me hold a lot of water, what does hold a lot of water as what I see about how this site has been designed in a way to maximize the kinds of planning principles that we constantly strive for, in order to make for a better built environment. And I think that's what you get out of this project. There is a need, not just in Virginia Beach, but all over planet Earth, not a single one of us is getting any younger folks. So when we have projects like this that meet all those kinds of characteristics, and they do so in a way to provide need, I think we ought to support them and I'm going to support this one and I look forward to its construction and eventual use and I'm sure it will be iconic and I'm sure it will be a credit to this community for decades. Thank you. Mr. Weiner: Yeah, anyone else? Mr. Wall? Mr. Wall: Yes, I agree with Mr. Redmond. I agree that it's going to be a beautiful project,you know, very attractive. I agree with to a certain extent the massing and the locations for the most parts, you know, the building. I don't think the environmental impacts are as great to some of the properties that are already in that that area. Near the brick siding glass, you know, I think that was justified fairly well. I think the height was justified fairly well. The construction is a little concerning,you know,potential for pile driving. And,you know,years of construction,you know, adjacent to an existing condominium complex is, you know, that is a little concerning to me. The beach access is really not, it's a shift slightly down the street. I mean, I don't see that, you know, passing under the pier it's going to be that challenging for the most part. I think that there will be potentially times, you know, with high tides, that that could be a problem but not on a continuous basis. The one thing that is in a concern there is that, you know, 46 feet away from these people home, it's going to be a 22-story building and so that's you know, to me is a little bit much, it's out of character. You know, I agree with the, the wall of buildings, you know, all along the Shore Drive corridor and the blocking of parking the view, but, you know,just to me, the impact from that, alone in one day waking up, you know, it's not going to be one day, it's a couple of years, having nothing to 22-story building is just, you know, that's a little bit much to push it almost to the edge of the property line. And I see the reason for it, in terms of the private use on the property but I think it's my opinion too much for the adjacent property owners. I am not going to support it. Mr. Weiner: Robyn. Mr. Klein: So, I work with older adults in the aging population every single day. And so I am acutely aware of this need that we have more safe places for older adults to go. I toured the current facility and got a great overview of what the plans seem to be in it would be a beautiful building, but no one in my family would be able to afford to pay to stay in a place like this, even with significant financial support, you know, my generation, my mother or my grandmother, and that's the need that we have right now is for those of us who are making it. Where are we going to go as we continue to age and I have those concerns for my own family. And because of that, I will not be voting in favor. Mr. Weiner: Okay. Any other comments? I, like Mr. Redmond, I'm going to be in favor of this. I'm going to support it. I think it's something that's well needed. I'm going to support it. Do we have a motion? Mr. Redmond: Mr. Chairman, I move approval of the application. Mr. Horsley: Second. Ms. Sandloop: The vote is open. By recorded vote of 5-2, the motion to support the application has been approved. AYE 5 NAY 2 ABS 1 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman ABSTAIN Klein NAY Oliver ABSENT Redmond AYE Wall NAY Weiner AYE CONDITIONS 1.All conditions except for Number 1 attached to the Conditional Use Permit for the Home for the Aged, Disabled,and Handicapped dated June 9, 1998,shall remain in effect. 2.The Property shall be developed in substantial conformance with the conceptual site plan entitled "SITE PLAN -CUP", dated November 8, 2019, and prepared by D2 Architecture (the "Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3.The quality of architectural design and materials of the buildings to be constructed on the Property, when developed,shall be in substantial conformance with the exhibit prepared by D2 Architecture,entitled "ELEVATIONS-CUP", and dated October 31, 2019 (the"Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. 4. Landscaping installed on the Property,when developed, shall be in substantial conformance with that shown on the exhibit prepared by WPL,entitled "CONCEPTUAL LANDSCAPE MASTER PLAN", and dated January 24, 2020 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council.The exact species of the various types of landscaping shall be determined at final site plan review. 5.The Property,when developed, shall not exceed a total of 674 Independent Living units, 75 Assisted Living units,48 Memory Support units, and 108 Skilled Nursing units.Total parking provided will be 1,096 parking spaces. 6. Prior to the approval of the construction plans,the applicant shall obtain City Council's approval for the encroachment of the proposed pedestrian bridges over Starfish Road and Ocean Shore Avenue. 7. Prior to the approval of the construction plans,the applicant shall have obtained the approval of City Council to relocate the existing public beach access easement from its current location at the eastern terminus of Starfish Road to the proposed new location along the applicant's northeastern property line. 8. The applicant shall be responsible for any access improvements deemed necessary by Public Works/Traffic Engineering Staff, upon completion of the review of the submitted traffic impact study. 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. filliiiiiiiiii* %.r i . I qv Rv t el? L+ fff' .f. . , Alb/ , / , a/ ge s /-4K B=4K / / B-4K "Fr \ / / / r A Site Kem sville Volunteer Rescue Squad, Inc. WJ E JProperty_Polygons p q ' s Zoning Parking Lot Drive AisleI. ini _Feet Building 0 10 20 40 60 80 100 120 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KEMPSVILLE VOLUNTEER RESCUE SQUAD INC. [Applicant] CITY OF VIRGINIA BEACH/ 703 LOCAL GOVERNMENT [Property Owner] A RESOLUTION TO APPROVE A FREESTANDING SIGN IN ACCORDANCE WITH CITY ZONING ORDINANCE SECTION 905(F)(5) FOR KEMPSVILLE VOLUNTEER RESCUE SQUAD INC. (GPIN 1466798351). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: August 4, 2020 • Background: This application is for consideration of the installation of a freestanding sign along S. Witchduck Road for the Kempsville Volunteer Rescue Squad. The Rescue Squad shares the facilities on site with the Virginia Beach Fire Department, Station #9. The site is located within the Historic Kempsville District. As specified in Section 905(f)(5) of the Zoning Ordinance, any freestanding sign in the Kempsville Historic District requires City Council approval. Additionally, the sign must be consistent with the general purpose and intent of the design provisions presented in the Historic Kempsville Area Master Plan and design standards approved by City Council. No freestanding sign is currently located on the site for the Volunteer Rescue Squad or Fire Station. The only sign along S. Witchduck Road is an older wood sign advertising the Ruritan Club, and this sign will be removed with the installation of the new sign. The proposed sign will be located twenty-seven feet from the property line adjacent to S. Witchduck Road. The sign will be constructed using a split face block base and brick columns capped with precast concrete pieces. The sign will be approximately eight-feet, nine inches in height and twelve-feet, seven and a half inches in width. The sign will display the name of the Kempsville Volunteer Rescue Squad. Station #9 will be displayed in one corner, and the date of foundation, July 30, 1951 in the other corner. • Considerations: Although S. Witchduck Road accommodates a heavy volume of vehicular traffic, the Kempsville Fire Station #9 building is situated in a manner where it is not readily visible from the roadway. The proposed freestanding sign will provide increased recognition to the location of the Kempsville Volunteer Rescue Squad and Station #9. The design of the proposed sign is consistent with the architectural guidelines ideintified in the Historic Kempsville Master Plan, particularly in its use of brick with precast concrete caps. The size and location of the sign conform with all 1 A RESOLUTION AUTHORIZING A FREESTANDING 2 SIGN IN ACCORDANCE WITH CITY ZONING 3 ORDINANCE SECTION 905(f)(5) FOR THE KEMPSVILLE 4 VOLUNTEER RESCUE SQUAD, INC. ALONG SOUTH 5 WITCHDUCK ROAD 6 7 WHEREAS, the Kempsville Volunteer Rescue Squad, Inc., (hereinafter the 8 "Applicant), located at 420 S. Witchduck Road (Kempsville District), is located in the 9 Historic Kempsville District which requires authorization from City Council to erect a 10 freestanding sign identifying the Kempsville Volunteer Rescue Squad location; and 11 12 WHEREAS, the Applicant has requested that it be allowed to erect free-standing 13 sign that will identify the Kempsville Volunteer Rescue Squad property; and 14 15 WHEREAS, the City Council finds that the sign is consistent with the purpose 16 and intent of the Historic Kempsville Area Master Plan and the City Zoning Ordinance. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the placement of the freestanding sign by the Applicant is hereby 22 authorized, upon the following conditions: 23 24 1. When installed, the sign shall be installed in substantial conformance to the 25 location shown on the exhibit entitled: SIGN LOCATION FOR KEMPSVILLE 26 VOLUNTEER RESCUE SQUAD," prepared by Kimley Horn. 27 2. When constructed, the design of the sign shall be in substantial conformance 28 with the submitted exhibit entitled, "SITE SIGN DESIGN PLAN FOR 29 KEMPSVILLE VOLUNTEER RESCUE SQUAD." 30 All conditions of the Conditional Use Permit for an Open-Air Market dated June 31 16, 2015 are null and void and are replaced with the above. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Departme City ttor 's Office CA15118/R-1/July 19, 2020 1 KEMPSVILLE VOLUNTEER RESCUE SQUAD INC. Page 2 of 2 dimensional requirements of the City Zoning Ordinance. As the sign will be located twenty-seven feet from the property line adjacent to S. Witchduck Road, it will not have any negative impacts on visibility. • Recommendations: This item does not require consideration by the Planning Commission. Staff has recommended approval of this item. • Attachments: Staff Report and Disclosure Statements Resolution Location Map Recommended Action: Staff recommends Approval. Submitting Department/Agency: Planning Department City Manager:f Pc\() NIBApplicant Kempsville Volunteer Rescue Squad Inc. Owner City of Virginia Beach / 703 Local Government City Council Meeting August 4, 2020 City Council Election District Kempsville Virginia Beach Request A resolution to approve a freestanding sign in accordance with City Zoning Ordinance Section 905(f)(5)for Kempsville Volunteer aya,6`` Rescue Squad Inc. \ t $ , ��+.:, _--,4-.-\ \ Staff Recommendation \ p Approval sre.Pal4° g i A. gop Staff Planner a — &►' Kevin Kemp Je o's Location �,,1, ,n '"\ i�% 420 S. Witchduck Road / \/% GPINs f= rc rRe . / � AY 1466798351 i,,,s ,,v. ,.RouOP x` w siii .e....... coo —t.. vle Site Size Rand6 4, 8,708 square feet ��td�\ AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Fire station and EMS facility/B-4K Historic r t. ce+taa,, .` Kernpsville Area Mixed Use '„:. - - b= Surrounding Land Uses and Zoning Districts ' • s' re North f re,, Office/ B-2 Community Business ;Y {c South 4''- Kempshire Lane Commercial/ B-2 Community Business , t4. East f _-t� Woodway Drive K •et.„, Vacant Land/ B-4K Historic Kempsville Area 11 ,.' : �. Mixed Use t � r-� '. .r, West X. ; , ,.. S. Witchduck Road Commercial/ B-2 Community Business , I Kempsville Volunteer Rescue Squad Inc. Page 1 Background & Summary of Proposal This application is for consideration of the installation of a freestanding sign along S. Witchduck Road for the Kempsville Volunteer Rescue Squad. The Rescue Squad shares the facilities on site with the Virginia Beach Fire Department, Station#9.The site is located within the Historic Kempsville District. As specified in Section 905(f)(5) of the Zoning Ordinance, any freestanding sign in the Kempsville Historic District requires City Council approval. Additionally,the sign must be consistent with the general purpose and intent of the design provisions presented in the Historic Kempsville Area Master Plan and design standards approved by City Council. No freestanding sign is currently located on the site for the Volunteer Rescue Squad or Fire Station. The only sign along S. Witchduck Road is an older wood sign advertising the Ruritan Club, and this sign will be removed with the installation of the new sign. The proposed sign will be located twenty-seven feet from the property line adjacent to S. Witchduck Road. The sign will be constructed using a split face block base and brick columns capped with precast concrete pieces.The sign will be approximately eight-feet, nine inches in height and twelve-feet, seven and a half inches in width. The sign will display the name of the Kempsville Volunteer Rescue Squad. Station#9 will be displayed in one corner, and the date of foundation, July 30, 1951 in the other corner. The design of the sign is consistent with other City facitiies and was modeled after the recently installed sign at Bayville Farms Park. i 6-7,7 f� �A c:BVK \,' R v� ., Zoning History --,,,p J // ♦ # Request ,i +0( is 1 REZ(B-2, R-5D to B-4K)Approved 08/27/2013 z $ 2 REZ (B-2, 0-2, R-10, R-5D to B-4K)Approved 06/21/2016 is liff —a srN \ YAK �4`, //`,, 0 JB.- ' - YAK !? 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 Although S. Witchduck Road accommodates a heavy volume of vehicular traffic,the Kempsville Fire Station #9 building is situated in a manner where it is not readily visible from the roadway. The proposed freestanding sign will provide increased recognition to the location of the Kempsville Volunteer Rescue Squad and Station#9. The design of the proposed sign is consistent with the architectural guidelines ideintified in the Historic Kempsville Master Plan, particularly in its use of brick with precast concrete caps.The size and location of the sign conform with all dimensional requirements of the City Zoning Ordinance. As the sign will be located twenty-seven feet from the property line adjacent to S. Witchduck Road, it will not have any negative impacts on visibility. Based on these factors, Staff recommends approval subject to the conditions below. Kempsville Volunteer Rescue Squad Inc. Page 2 Recommended Conditions 1. When installed,the sign shall be installed in substantial conformance to the location shown on the exhibit entitled, "SIGN LOCATION FOR KEMPSVILLE VOLUNTEER RESCUE SQUAD," prepared by Kimley Horn. 2. When constructed,the design of the sign shall be in substantial conformance with the submitted exhibit entitled, "SITE SIGN DESIGN PLAN FOR KEMPSVILLE VOLUNTEER RESCUE SQUAD." 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. Kempsville Volunteer Rescue Squad Inc. Page 3 Proposed Sign Location r , "Z Wig K HD '�.�►��\\ _ ROAD i 0 1*----_, ,-.0*-7 E �` PROPOSED SIGN LOCATION NISEI 1�iffig _` •�, lilt- ` f' vriUTy E •AVENT e 1111111Mimi 1 --414V14:,-.- ' `'- 1 .`f 1 j ; INSET SIGN LOCAfl I FOR KFMPSVILLE VOLUNTEER RESCUE SOU'D NOTE.LOCATION OE UNDERGROUND _ UTILITIES ARE SWAN AS OEso Ki ngel 9"'�H� CITY OF y1RGIMA BEACH .�..m:wr .d. 1 ACTUAL 11ftD LOCATION Na vARr, fp° DEPARTMENT OF PARKS AND RECREATIDN w.oa. i�� DESIGN AND DEVELOPVf1.' n;qqN Kempsville Volunteer Rescue Squad Inc. Page 4 Proposed Sign Design A-- — ;+_ 4,5,, B - 7 i I 4- 1 Kt1111 \ ilk \ 011111teCI Rt:,tiue t!Ii:! 1 — 10, Lop 1 1 ' I I I I 7.—t _(_ ----- --- --- L 1 I I 1 I 1 S OF MiN , LETTER . / 1 1 1 11 I 1 / V 1 ry 1 1 8.-83. r II 1 l III III III III 1 , i I I 1 I 11 f f t II f I I 1I I I 11 1 4, � I I I I I iI I I Ii I I I I If I IA -�, : I . I L�, - A. I I I 1�-6„ A • d r 1 14'-2-'4 i Wet NM ICAO P.M . r A_- _ — --I B — u � I --1G► Kempsville Volunteer Rescue Squad Inc. Page 5 Example of Similar Sign ,,' ti , . • if elr‘r. ., ,,1 , 4... yrsk�-s �?'. 14', Ail? .. :, ` ♦ ' 0 Bayville Farms Park �, l.+. 4..,� 1 , i � J _` HAPPY . yR " 'YEAR CLOS�Q JAN 1 PARK ' 1 _ x 8 . s' r.•**-' - W. r V1 , ,.1- �-. ..-a .r. �yy'...v.:i Ft f . h.. f"t , '>t t i. A. 1 ,••-• s .. ) i t d,•. -- �,ry LLle : ��j • -'E 4, t i .fir ♦ 4.• �... �. ' 4 ` h' . c Y.l/1PItst .' ..al 'A .. •- -" •_.f . - ♦ • ..�j-...''- '- r s` :.F` its _ 1 Kempsville Volunteer Rescue Squad Inc. Page 6 Disclosure Statement AA3 Virginia Beach APPLICANT'S NAME KEMPSVILLE VOLUNTEER RESCUE SQUAD DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _ _ _ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 Kempsville Volunteer Rescue Squad Inc. Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IL Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:KVRS 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) SEE ENCLOSURE 5, PAGES 1+2 (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) NA 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. II 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 Kempsville Volunteer Rescue Squad Inc. Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • ---- - ♦ 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 Kempsville Volunteer Rescue Squad Inc. Page 9 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 y or committee in connection with this Application. 7g1 L� THOMAS F KIERNAN 6/30/2019 APPLIC S SIGNATURE PRINT NAME DATE Page 5 of 7 Kempsville Volunteer Rescue Squad Inc. Page 10 6 c a) -a t.0 CO 03 C. a an a) U a) Elected Officers of the Executive Board °C a) a) c President:Paul Kalmus 757-567-0998 a) president@kvrs.org 5 N It shall be the duty of the President to preside at all business meetings, fl preserve order,and enforce the administrative By-Laws;attest and sign all orders on the Treasurer when sanctioned by the Kempsville Y Volunteer Rescue Squad. .14" Vice President:John Ormond 757-275-5337 vicepresident rQkvrs.org " ESCJ PO It shall be the duty of the Vice-President to assume the duties of the President in the absence of the same. Secretary:Diana Buhrmann 757-870-9505 secretary@kvrs.org Station#9 Kempsville The Secretary shall keep an accurate record of all minutes of the 5145 Ruritan Ct. business meetings and publish same to the membership according to rules adopted by the board;and shall perform other functions as Virginia Beach,VA 23462 directed by the President. 757-340-5877 Treasurer:David Jimerson 757-822-8375 treasurer@kvrs org Station#10 Woodstock The Treasurer shall be the steward of all corporate funds;shall be 5656 Providence Rd. responsible for the Corporation's cash management;shall pay the Corporation's obligations according to rules adopted by the board.At Virginia Beach VA 23464 least annually shall provide a financial report to the Board of Directors. 757-385-6310 $cation#19 Stumpy Lakt; 4-0 4196 Pleasant Valley Rd. CU Virginia Beach,VA 23456 C1 757-340-5877 CB a✓ N L Vt 0 N U N C a) -0 OD fn fD 7 0- C- V) a) U a) L a) a) C Captain:Christine Powell 757-828-9008 0 captain@kvrs.org The basic function shall be responsible for the operation of the N squad,both in respect to the members and equipment.The Captain t2 Shall supervise all squad functions.Shall establish and maintain a standard operations procedure manual. Y Executive Officer:Kristine Benadum 757)-406-4563 xo@kvrs.org The XO will oversee the day to day operation of the Squad and shall act in the absence of the Captain.The XO shall immediately supervise the Operations Officer and the Training Sergeant.Shall assist the Captain as required and shall have the authority to command personnel with respect to operations,subordinate only to the Captain. Eight Members at Large: Four members whose term expires in odd numbered years: • Dan Russell 757-581-7270 • Crystal Price 757-714-5495 • David Johnson 757-729-5127 • Kathy Donovan 757-675-2561 Four members whose term expires in even numbered years: • Diane Ball 757-646-1002 • Justin Urquhart 757-515-5659 • Jim Brewer 757-435-0407 • Charles"Pat"Boyd 757-477-6933 a) E a) •tts _ 0 U t7 Disclosure Statement Proeprty Owner:City of Virginia Beach OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) '• n Accounting and/or preparer of your tax return X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than X the Aoolicant)-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) n X Construction Contractors n n Engineers/Surveyors/Agents Financing(include current n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n I X Legal Services Real Estate Brokers/ I I x l Agents/Realtors for current and LJ , 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? Property is owned by the City of Virginia Beach Page 6 of 7 Kempsville Volunteer Rescue Squad Inc. Page 13 Disclosure Statement 'NB Virginia Reach f CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A ication. 1440- PROPERTY OWN S SIGNATURE PRINT NAME BATE Page 7 of 7 Kempsville Volunteer Rescue Squad Inc. 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. Kempsville Volunteer Rescue Squad Inc. Page 15 ,i R,-7.5 R-7.5= I I / / J Mandan Road andan Road i f r 1 R=7:5 o 1I - R-7:5 �, R-75I CO 7 L z c,„ I _ I _ , _____________-- , r---- , i \ I ---117) ri N rA Site N, 4E Property_Polygons Jacob Short ` . 4905 Mandan Road S Zoning Parking Lot Drive Aisle m .... _Feet I-1 _ n in 7n an An An inn 17n r �U 4if 17 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JACOB SHORT [Applicant& Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4905 Mandan Road (GPIN 1477231783). COUNCIL DISTRICT — BAYSIDE MEETING DATE: August 4, 2020 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a single-family dwelling on 7,500 square foot parcel zoned R-7.5 Residential District. This property is located in the Pocahontas Village neighborhood which is comprised of single-family dwellings. City records indicate that the three-bedroom home was constructed in 1962. The maximum occupancy for guests on-site after 11:00 p.m. is three persons per bedroom, or nine persons in this case. The minimum number of parking spaces required for this use is one space per bedroom, or three spaces in this instance. 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. • Considerations: The three required off-street parking spaces are accommodated within the driveway in front of the dwelling unit. One of the spaces overhangs slightly into the public right-of-way. As this encroachment does not block any vehicular or pedestrian accessway and is located in the driveway that is dedicated to the dwelling, the Zoning Administrator deemed the parking plan acceptable. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can reasonably be met. Staff is not aware of any opposition to this request. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. ■ Recommendations: On June 10, 2020, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 4905 Mandan Road and the Short Term Rental use shall only occur in the principal structure. Jacob Short 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 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. Jacob Short 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 (U .L- City Manager: Applicant & Property Owner: Jacob Short Agenda Item Public Hearing: June 10 2020 ,� City Council Election Distric, t: BaysidE 28 Virginia Beach Request Conditional Use Permit (Short Term Rental) S Staff Recommendation i i Approval I ,�'" Staff Planner Summer Peebles j ,, Location 4905 Mandan Road IrMind, r \ GPIN \ Will 1477231783 Iditil . Site Size 7,500 square feet Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North -; ` Mandan Road it* U Single-family dwellings/ R-7.5 Residential South Single-family dwellings/ R-7.5 Residential East Single-family dwellings/ R-7.5 Residential West Single-family dwellings/ R-7.5 Residential i t 4 n Jacob Short Agenda Item 28 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 7,500 square foot parcel zoned R-7.5 Residential district. • City records indicate this single-family dwelling was constructed in 1962. • Staff inspected the site on March 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 Renal use were found associated with the subject address. Short Term Rentals in the Vicinity LJ> \ 7 ev and trees (o v, \ 11 I ( I I l 1 T FITTITITImandLnc-LL �\ \1 N v - _ --Conesto a-R-� tf d Cg t ` , ,A' ON_ I - of �I r .t...o /4"0 nt„. 4 / - c, ' , \ y -__k 1 1 STATUS 40 -\ Q Approved Denies �� / �\fig r./ O Under Review p Rerystered ,1 7 f 1 P 1 f I lamv A / / 7- 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: 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 on-site: 3 Jacob Short Agenda Item 28 Page 2 B$ Li ci] 7 [5r-ril EL Li i j C� .s I E=3 0 l filendan Road 1LEjt EDCE:=3 No Zoning History to Report -�tr-Rr7.S❑° P Qcanon 0a Road : 10;r3 In F-1 I I I lq ° °D , f, Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance LUP-Land Use Plan REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance STR-Short Term Rental CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Evaluation & Recommendation This property is located in the Pocohantas Village subdivision which is compromised of Single-family dwellings. The three required off-street parking spaces are accommodated within the driveway in front of the dwelling unit. One of the spaces overhangs slightly into the public right-of-way. As this encroachment does not block any vehicular or pedestrian accessway, and is located in the driveway that is dedicated to the dwelling, the Zoning Administrator has deemed the parking plan acceptable. Parking on the street is allowed in this subdivision. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can reasonably be met. Staff is not aware of any opposition to this request. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4905 Mandan 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. 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. Jacob Short Agenda Item 28 Page 3 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. 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. Jacob Short Agenda Item 28 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on May 11, 2020. • 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 the request and the date of the Planning Commission public hearing on May 22, 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19,2020 and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. Jacob Short Agenda Item 28 Page 5 Site Layout & Parking Plan LU' u f 81 OCK 6 N 84 54'30" W 75.00' n LOT 9 WOOD FENCE , PIN FOUND i i PIN FOUND , 9 c r WOOD FENCE shedt.-- r^ 32 FRAME SHED LOT5 I 16 o GPM 14 77 23 1783 y 0 1 2' L_ WOOD FENCE\ m v 0 0 o HVAC 0 7'-�i!- O O 7.6'-+ X �' o 3 #; L, Single-family' P 1 Dwelling cn es,. 13.8' z 0 7'- LOT6 2 ( NvCRL lr . 32.2' CONCRETE Encroaches 4' into 3 right-of-way 0.8'-�- 1 PIN FOUND S 84'54'30" E 75.00' WATER METER 90' TO NARRAGANSE TT DRIVE Mandan Road Jacob Short Agenda Item 28 Page 6 Site Photos ' I .. W .. ,•,` ".",\ itep 1/// k� "ill k, iiele. ,..,;;,„ .?. _:,,..... : p --'-,. ''' '- _a : • • ireini i.i./ f/. t ,',. . � - , :11,1,,, ,,.._ , , -- ' ' ..* 4 ., r . . . , 4 Oa.-.1?'g _.;:+� /T v + # • ' 11 4F .0 �' - - ` ' -.1,...11.....iCK------_,____,I,:,_::: -,,.,:m-.i,,,,..-:...1,',"*..:._,...t_: _'-' ii . , Jacob Short Agenda Item 28 Page 7 Site Photos ,--- „,„ .• ,. ,. -. ' ' . . ' lt ...- -4.- - ....6.% - - . - - -% :',0 • ,,-5 V - •-•ct: .,;,.-:. , ' -.. . .;-''. Q!,,,,,i, --;-; " ' nd...144, „; (, . , • Atw' 1 - . LI:;:s:ff:',.7.7.41r11°--;• -,-;-4, ---. • - it. ':._ '',r_ :kr 4:.v,... p, --,.,,,.. 4:„ i ' 4`-:- ' ' ;,- :4','.f-'•-w'• - ,•e*'i; ' :-: . 'f, , -•-,,1 :-• • ';'.--• ''' . , - pepowing, Poo • Wrig,r._, r_ -4 I V_jr-1.111 I glitr I "k_qLgL..,,:.,, _ ..... . 'liettarr ... .....- . _ . ..., :-.--- . . , . ,- ..... • . , 1."%.'.,,f'.--7. ‘,.•--s-, c..--,t; ..:..-- ...iit,..,. -. - - i ' , .-..4.--s.:-'7-.---1...-. •• , - -,' - ,,',,"-:::::,(i.17,4'.ii.,,,,,',1 ' , _.,... ".....:"..,,:,,--- - ',,f,;ik4 A 1••,kir,,f" - - ...-. , .4.3f . .. . .... • ....,„ „•-• all ...- , . . • Jacob Short Agenda Item 28 Page 8 Disclosure Statement Virginia Brach APPLICANT'S NAME 5o.c v'b sLdr DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals - Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement - Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must he updated two(2)weeks prier to any Page 1 of 7 %annin_g Commission and City Council meeting that pertains to the auplkation(s). 4 S )d{j APPLICANT NOTIFIED OF HEARING DATE Q / SJmn x i 342{<s g- NO CHANGES AS OF DATE: � 5� () y ter t Qf�j/(f O'er REVISIONS SUBMITTED DATE: Jacob Short Agenda Item 28 Page 9 Disclosure Statement 1113 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:__ ,(_ , CI <'( 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. lyCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. III Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN, complete the following. {— l (A) List the Property Owner's name: -�^C-O�O � `'�l -- If an LLC, list the member's names: Page 2 of 7 Jacob Short Agenda Item 28 Page 10 Disclosure Statement 11VB 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.tp_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 Jacob Short Agenda Item 28 Page 11 Disclosure Statement \/13 APPLICANT Virginia Beach r- I YES WTI r SERVICE PROVIDER(use additional sheets if needed) , � Accounting and/or preparer of •-+K��gra�d ',cc uk+:�! your tax return Service3 CCC • ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than rithe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed (-1 purchaser of the subject property (•-.. (identify purchaser(s)and purchaser's service providers) • ® Construction Contractors ❑ Engineers/Surveyors/Agents Financing(include current El El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n Legal Services Real Estate Brokers/ f j Agents/Realtors for current and u anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have a n an Interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Jacob Short Agenda Item 28 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Jacob Short Agenda Item 28 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. Jacob Short Agenda Item 28 Page 14 Sac Lane ' „..D- - . ._,,, 1, . ...- I " ' 41 • 111!(.11 ' iia "Oftc- . — : .. _ 4,4 ...- 41,P# < -----_, --------' --- 461:11-i,'0 • cc ez Q o I WWI .rir . -- �- E-- � _�. �. L--- ' TH:11-11.W:). ' oiek.. • ...4 I Eli,ili.1 s w•A w -, !‘ z 0 — Eli IU- 1> mel %1 .In � . . � V► :,.# cc ♦. IL= 0 7--m- . ,I. ..4ii *Kati - , .' 1.m Ilir,/a*V) v) _ i . IIA--'IWO% it j- r, co t b 04 // -, . ' ) diti 7 AO i r MI im. $ ' ,, ---1- < - - li-to 1 ��4 °4 o TIL — ; o ♦ c /- y iiC� o - L c . - , 1C Items#28. Jacob Short Conditional Use Permit(Short Term Rental) 4905 Mandan Road June 10, 2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the Consent Agenda: Items 1, 2, 3, 4, 5, 7, 8, 10, 11 with amended condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight, City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the Zoning Ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I move approval of the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Seeing, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Land fair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. 2 Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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 a recorded vote of eight, for and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit the meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAYO ABS 0 ABSENT3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 3 1. The following conditions shall only apply to the dwelling unit addressed as 4905 Mandan 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. 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. 4 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. 5 \ ..... ._______ _____ \, • _ \ --\\ ______ ______ __,_ ______„._ , \_________\, \---: , \ \,, ,, , \ \ \,___. ,., , , \ R-i 5 R.(,N-E) \ ., � t \\ R"5R(N E) \ ____, \ /:07001`, \---'. --1 , ---, \ \ ',\ ---\\\ ' \ \ \ , \ \ \ \\ Ai \, \ __ _ \ '., \ \ e Ii30 Stye _ -- — 1 , \ \\ --- j_ 5R-(�N:-,)� N V Site �, ��& E Property_Polygons Your Not Alone, LLC _c.J QZoning -----.:- 207 79th Street, Unit C ti Parking Lot Drive Aisle Feet I I Building 0 5 10 20 30 40 50 60 IufA ;,, 1 �(...........,arS' +.CH:. (� $T t CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: YOUR NOT ALONE, LLC [Applicant] YOUR NOT ALONE, LLC; DONALD & DEBRA WALKER REVOCABLE TRUST [Owners] Conditional Use Permit (Short Term Rental) for the property located at 207 79th Street, Unit C (GPIN 24195873653207). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: August 4, 2020 • Background: The applicant is requesting to operate a Short Term Rental in a three-bedroom duplex unit in the North End that was constructed in 1986. Only one unit, Unit C, in the duplex is the subject of this application. The site is approximately 3,175 square feet and is zoned R-5R Residential District (North End Overlay). 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: The property is located at the North End at the oceanfront. It is common practice along 79th Street and on many streets at the North End for property owners and their guests to park in a portion of the right-of-way that is clearly the driveway associated with a specific dwelling unit. This is the case for this applicant as only two of the required three parking spaces can be fully accommodated on-site outside of the right-of-way, but fully in the driveway. The applicant submitted a parking plan that depicts all three spaces in the driveway; however, one of the spaces encroaches into the right-of-way. On-street parking is not permitted on this portion of 79th Street due to the reduced pavement width and existing driveway aprons, which reinforces the reasoning for property owners to park as described above. Because of the potential for blocking the sidewalk, a condition is recommended that a "No Blocking Sidewalk" sign be installed on the site. Acknowledging the high demand for on-street parking in the North End and based on the uniqueness of a City sidewalk and distance from the edge of pavement, the Zoning Administrator concluded that the parking space in the right-of-way could be accommodated without inconvenience to the public. The Planning Commission, however, disagreed. At the June 10, 2020 Planning Commission public hearing, the motion to approve failed with a vote of 4 to 4. The discussion revolved around the deficiencies related to the proposed parking plan. There were no citizen speakers at the Planning Commission public hearing. Further details pertaining to Your Not Alone, LLC Page 2 of 4 the application, as well as Staff's evaluation, are provided in the attached Staff report. Following the June Planning Commission public hearing, Staff received four emails from neighboring property owners who expressed concerns about the inherent nature of the Short Term Rental use, including the potential for disruptive noise levels and behavior of guests. • Recommendations: On June 10, 2020, the Planning Commission's motion to recommend approval of this request failed by a vote of 4-4. If the City Council wishes to consider approval of the application, the following conditions are provided for consideration: 1. The following conditions shall only apply to the dwelling unit addressed as 207 79th Street, Unit C 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. An all-weather "No Blocking Sidewalk" sign shall be erected on the owners private property within clear view of the parking space in the City right-of-way (driveway). The location, material, and content of the sign shall be submitted for review by the Zoning Administrator within 30 days of a favorable decision by City Council. Said sign shall be installed on the property, at a location deemed acceptable to City Staff, within 60 days of the Zoning Administrator's approval. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner Your Not Alone, LLC Page 3 of 4 or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11 .Accessory structures shall not be used or occupied as Short Term Rental. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. Your Not Alone, LLC Page 4 of 4 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 Denial. Submitting Department/Agency: Planning Department ir.SQt— City Manager: Applicant: Your Not Alone, LLC Agenda Item Property Owner: Your Not Alone, LLC and Donald & Debra Walker Revocable Trust 9 Public Hearing:June 10, 2020 Virginia Beach City Council Election District: Lynnhaven Request Conditional Use Permit (Short Term Rental) B Born „e.t Staff Recommendation 5 �.�,` " A Approval 4+ o BS,h �( Y,, �,h St(.. Staff Planner 0,owe' Marchelle Coleman B2"°ate., Location 5t,"`A 207 79th Street, Unit C ,vi*.0 GPIN ----� 24195873653207 --� J Site Size "— 3,174 square feet Existing Land Use and Zoning District 1 Duplex dwelling/ R-5R Residential (North End Overlay) Surrounding Land Uses and Zoning Districts North «ter st:, Duplex dwelling/ R-5R Residential (North End Overlay) c, South T • ;1 - I 79th Street '— 1- Duplex dwellings/ R-5R Residential (North End y Overlay) tk East Duplex dwelling/ R 5R Residential (North End 3 I A x +, Overlay) �, b. . West Duplex dwelling/ R-5R Residential (North End u ``: . ,' Overlay) Your Not Alone, LLC Agenda Item 9 Page 1 Background & Summary of Proposal Site Conditions and History • This site is approximately 3,174 square feet and is zoned R-5R Residential (North End Overlay) District. • City records indicate the existing duplex dwelling was constructed in 1986. Only one of the units, Unit C, is under consideration for a Conditional Use Permit for a Short Term Rental. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. On- street parking is not permitted on this portion of 79th Street due to the reduced pavement width and existing driveway aprons. "No Parking" signs are installed along this segment indicating that no parking is allowed on pavement. • There are no previous zoning violations or City Council actions found for the property. Short Term Rentals in the Vicinity snore, 63�d s«ea__ "clot). `s�Sttee.' ti teates tee t'Stteet .y1041 stceeillivist STATUS • 1 11f o Approved tce UN IS • Denied &�. o Under Review ^+ 1$4 o Registered —` 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: 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 on-site: 2* Your Not Alone, LLC Agenda Item 9 Page 2 *Two parking spaces are provided on-site and the third space is within the driveway but located within the public right-of-way,as shown on page six of this report. th stAet f, R-512(1t i 4' g Zoning History • . S # Request R 1_ ,- 1 NON(Enlargement of a Nonconforming Use)Approved RSRN 05/19/2015 sue° - 2 NON(Enlargement of a Nonconforming Use)Denied 05/27/2003 \ s Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or p Proffers FVR—Flood lain 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 As stated previously, Unit C within this existing duplex has three bedrooms,and therefore requires three off-street parking spaces.The applicant provided an alternative parking plan that depicts two on-site parking spaces and a third space in the driveway,although technically located in the right-of-way. One of the on-site parking spaces is deficient in width by one foot(8'x 18' rather than the standard 9'x 18'); however, this meets the size requirement for a compact car space.As evidenced during the field visit to the property, it was revealed that it is common along 79th Street for vehicles to be parked in the area of the driveway that is technically within the right-of-way and gives the appearance of being on private property.The photograph on page eight of this report provides evidence of this situation.A vehicle parked in the driveway has the potential to block the sidewalk. Based on this, condition number three is recommended that requires the installation of a "No Blocking Sidewalk"sign to be posted on the owners private property in a location reviewed and approved by the Zoning Administrator. Acknowledging the high demand for on-street parking in the North End, and based on the uniqueness of a City sidewalk located on a dead end street,the Zoning Administrator concludes that the third space could be accommodated in the driveway(right-of-way)without inconvenience to the public, and has approved the alternative parking plan,subject to the conditions below. 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. Your Not Alone, LLC Agenda Item 9 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 207 79th Street, Unit C 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. An all-weather"No Blocking Sidewalk"sign shall be erected on the owners private property within clear view of the parking space in the City right-of-way(driveway).The location, material,and content of the sign shall be submitted for review by the Zoning Administrator within 30 days of a favorable decision by City Council, Said sign shall be installed on the property, at a location deemed acceptable to City Staff,within 60 days of the Zoning Administrator's approval. 4. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. Your Not Alone, LLC Agenda Item 9 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 • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • 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 the request and the date of the Planning Commission public hearing on May 22,2020. • 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19,2020 and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 2020. Your Not Alone, LLC Agenda Item 9 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/BookmarkedABenda.pdf on July 31, 2020. Your Not Alone, LLC Agenda Item 9 Page 6 Site Layout & Parking Plan t , (24,.. J1411 ES C. /itCKl1��9 ; 1% re‘ No. r 35.or. /./. Property v ' k_i ' ,J�i Rim, Line i- ___ -� Approximate . S 1 h �� 7 :____: area of "No 3 U11 Blocking •i ..: Restricted General- ° r 1;4•4 Common Area 1 go $ b Short Term L Q Sidewalk" sign * Restricted CeneGeneral °° 6 Rental //1_ Common Area 2 I near mailboxes C ' 0 Unit C e,1 i� Restricted General Common Area 3 1HE O ATFOTY SHOWN HEREON d IS tOCATEO IN F100D IONE C 50 AS SHOWN ON F.E.M.4. ROOD i HAZARD MAP COMlatlIITY-PANEI 17 77 1, L! NVMUR 5IS S !•da/o G .f�(...� ? Parking REVISED .j I'i11485 ( Li------- Spaces l 's/ / • woe8'i-S, C tv S dewa:k Pathway MA = ifr 27' from Sidewalk to at lowi 9' 79t�Street Edge of Payment 79th Street (80' r-o-w) Your Not Alone, LLC Agenda Item 9 Page 7 Proposed "No Blocking Sidewalk" Sign 4"White 12" PVC Flatla Final Cap401 l NO Substrate:3/16 ACM BLOCKING 18" SIDEWALKle, :: ,,. 4" X 4„ �45„ v Wood Post -= 7:527„ r .,e $ e Your Not Alone, LLC Agenda Item 9 Page 8 Site Photos Vvrin Beach.Yr9alla • ©. SnMV.v. , } ,. t t' + "�.�' — Entrance '" y Ae .. ,:i. to site- ' i`:.z •. �!oi. ,: \• I ,:,,,,, mei: __ ___ t. .I-. ( .t..ii=Y.',I!.: M, I. 1'.... i....1 —--—-----------iiit__ Mom' II:= """'f x ,I ' a Iva _ S • - J .,w . ; .w3� S`rS ti " � �.,•,Z;St: .0 ma • Your Not Alone, LLC Agenda Item 9 Page 9 Site Photos : u1nt 7 • 1 % IVIII'lii, sv Approximate location of "No Blocking Sidewalk"sign .a ?I. = _ -Ids ■ 4till. /J :t: I :. - a Your Not Alone, LLC Agenda Item 9 Page 10 Disclosure Statement .VB \irgini i Hrarh APPLICANT'S NAME Your Not Alone, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two l21 weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the app'i•ationrsr El APPLICANT NOTIFIED OF HEARING DAT I• ® NO CHANGES AS OF DATE /21/2020 MLC a _REVISIONS SUBMITTED DAT F Your Not Alone, LLC Agenda Item 9 Page 11 Disclosure Statement 1/13 Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. xiCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Your Not Alone, LLC If an LLC, list all member's names: Michael J. Hunt If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant. (Attach list if necessary) N/A See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. LiCheck 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 Your Not Alone, LLC Agenda Item 9 Page 12 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 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 Your Not Alone, LLC Agenda Item 9 Page 13 Disclosure Statement APPLICANT \-i,giniaa Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I I Accounting and/or preparer of Myron Nehan your tax return I5' Architect/Landscape Architect/ V� Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) i l )< Construction Contractors u LI Engineers/Surveyors/Agents Financing(include current ❑ z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) FLegal Services Real Estate Brokers/ xAgents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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 Your Not Alone, LLC Agenda Item 9 Page 14 Disclosure Statement NIB 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. f t . e,/,,=,- )_{_ulia q , ,,,H,,,,_ .s Augt _ APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Your Not Alone, LLC Agenda Item 9 Page 15 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) II��II 171 Accounting and/or preparer of your tax return X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 1 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed �/ purchaser of the subject property L (identify purchaser(s)and purchaser's service providers) U ® Construction Contractors 7 Engineers/Surveyors/Agents Financing(include current I__1 NA mortgage holders and lenders (� selected or being considered to provide financing for acquisition or construction of the property) Li7 Legal Services Real Estate Brokers/ ❑ X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ICI an 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 Your Not Alone, LLC Agenda Item 9 Page 16 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. CrJa c v �c�vc klcj-k-er 2%/r/20 lJrnl,4lcc LValle-e/ ;3//5/za PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Your Not Alone, LLC Agenda Item 9 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Your Not Alone, LLC Agenda Item 9 Page 18 tu, ) ..\_,_--:'-7-_-_-.:------- i,. ''''''''--9--:_44T.-.-__Di--; _ _ rie-----_. _.------i-gZi ,_ -___:_---Vii-- r•-.\, --....::::--_, -------L:----_------ --7-011 0- ''.‘..\'''.0000 - Willt46: 4 ---- t a -- iii°..\\.\\\ .- e'll. ti stik..%%11,1%,.,,_‘_1.1:111. ".:::::_t_tmli: c:;,e,,,,::,11 _t►li�, g �- - - oui "ia ;A. **!! Vie \::S_feel f, ill" Ask ii. 0%1 111 '1 , -,-st is ..., STATUS , •• t ' \ 0 i:'. � ��1r} Approved �• • Denied J 0 Under Review I--; xl �I tY' it Registered Wit i 1ti . - ' Items#9. Your Not Alone, LLC [Applicant] Donald & Debra Walker Revocable Trust [Owners] Conditional Use Permit (Short Term Rental) 207 79th Street, Unit C June 10, 2020 RECOMMEND FOR DENIAL-HEARD Ms. 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. Statements by the applicant or applicant's representative followed by questions by the Planning Commission of the applicant or staff. Statements by any registered speakers followed by questions by the Planning Commission of the speaker or staff. Rebuttal by the applicant or applicant's representative followed by questions by the Planning Commission if desired of the applicant or staff and deliberation of the application by the Planning Commission with a motion followed by a vote. There are six items on the Regular Agenda items 9, 22, 23, 24, 25 and 30. Agenda Item nine, You Are Not Alone, LLC for a Conditional Use Permit requests for Short Term Rental at 207 79th Street,Unit C in the Lynnhaven district. The applicant is Michael Hunt. Mr.Hunt 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. Hunt you have the floor. Thank you. Mr. Hunt: Thank you,Commission and Commission Members.This is Michael Hunt that has a You Are Not Alone, LLC at Unit-C on 79th Street. What I like to say is I am North ender, I lived in that home for 15 years. I know most all the neighbors on the whole street, we get along great, we still go to the beach together ride bikes together, even though I moved over to Linkhorn Bay and we are all friends and I started remodeling the place back in February and told them what I was going to do. My intentions were to really move back into my home,then in a couple of years and my next door neighbor who is 207B had Short Term Rental which I did not even know about had parking there and they did not have more than two cars that I could ever see. He never had more than a maybe one family there, which I would plan to do and he never have more than one family. Unless their grandkids want to come down and they only have two cars. Never had a problem with parking and I am glad you brought that up because I was thinking about it. So, I talked to him next door and he says he never had more than two cars. I have never seen more than two cars there. And we do not want more than two cars and I did that for Zoning because they said if you got three bedrooms so you need three cars on it. They diagrammed it out as you can see and three cars are there using a little bit of 1 the apron,not much and as I mentioned,it is not but a foot difference there that the three cars on back to back. Also, for Zoning, they asked that I put up a sign that said do not block sidewalk in case a mailman comes through and cannot get through. But, you cannot see a sidewalk across it and see the pavement. It is an invisible sidewalk,but we put that sign up as Zoning asked. I think we followed all the rules and regulations of Zoning and they approved it and my thoughts are the gentlemen across the street and my neighbors,one of the gentleman across the street will be my property manager. He will make sure there are no more than two cars there or he will go over and talk to them about it because I will put that in the Airbnb, Short Term Rental lease. We do not want more than two cars I have never seen and watched four years over the guy next door and he said,Mike,I have never had a problem. And as you can see, there has been no rebuttal from anybody on that street because we are all friends, we are all neighbors. And I do not want to become anybody but a good friendly neighbor because we are planning on use now. We have grandkids that live in Richmond,their best friends live around the corner, they come down and want to stay and that too when it was not rented and they just have the one car that they would bring. So, I do not see, I will probably be the better of anybody on that street of controlling and making sure that that is great site has no more than two cars on it and some history shows that the gentleman next door never seen more than two cars on it and he did not wanted, and he is all for me. The neighbors are all for it, they are okay with it. The neighbor next door is going to be helping me with the rental. And she will watch out for, she had an Airbnb also. The sister of the guy that will be checking in the guests that is across the street part-time with a sister who will be watching out for the cars coming and going and people coming and going. So, we will have heavy restrictions on what people will be doing because if we move back in,we certainly do not want to have any conflicts with our neighbors. But we thank Zoning for figuring out a way to put three cars on there, but we do not see or we will ever more than two cars and we can make that a adapted to the Airbnb guidelines. Thank you all for listening to me. I appreciate you listening to me. And if you have any alternatives for me, please tell me I will be glad to listen anything you would like for me to do, but I want to follow all your rules and regulations. Thank you so much. Ms. Landfair: Are there any questions of the applicant by the Planning Commission? If so,please raise your virtual hand. Are there any more questions of the applicant at this time by the Commission? There are no more speakers Madam Chair,you have the floor Ms. Oliver for Planning Commission discussion. Ms. Oliver: Thank you, Bill. I am going to open up the floor for discussion by the Planning Commission or entertain a motion. Please raise your hand if you have a comment or a motion and staff will open your microphone. 2 Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman your mic is open for comment. Mr. Inman: Thank you, Bill. As I said in the informal session, I have a problem with the fact that there is a parking space in the City right-of-way and I do not believe that complies with the express provisions in the ordinance,which says it must be onsite parking. I do not have anything against Mr. Hunt's proposal,otherwise,he sounds like a fine fellow who has sort of tested the market so to speak with his neighbors, he has a good plan to try to be a good neighbor while he is using those for Short Term Rental. I do not like setting this precedent of having the parking in the City right-of-way,despite the fact that it looks like it may stay that way for a long time. And I did not have a problem in this case because it is a sidewalk there and while I know Mr. Hunt says he does not expect or want more than two cars,he could still get end up with three cars there when someone's visiting as a Short Term Rental, whether it be occupants who are staying there or visitors who come to see them. And I think it is very likely in many occasions people will park on top of the sidewalk inadvertently on until they get up to the house or maybe never even noticed the sign, there is another vehicle parked in front of it. So I would oppose this application. I am wondering from staff and do not think I heard Mr. Hunt reference, is there another permit that has been issued Conditional Use Permit on this property? That is a question. Thank you. Mr. Landfair: Mr. Tajan. Mr. Tajan: Mr. Inman No, there is not another Conditional Use Permit that has been granted to this property. I believe Mr.Hunt was confusing his review with the Zoning Staff, referring to them as a Commission but there is no other approval. Although I do not believe the other unit may be registered and grandfather. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Weiner. Commissioner Weiner your mic is open for comment. Mr. Weiner: Mr. Landfair, Can you bring up the parking diagram to look at there is a note on yours that there is not a note on the package that I have right there, down at the bottom next to number three public right away begins at the property line on 79th Street I see. Okay, okay. I read that wrong, my fault. You know, this is a North End situation where we have approved these before, and we were consistently approving them. I know we have a situation in North End,we talked about it before. Yes, the driveway does go into the right-of-way, but it is that way. I do not understand. So you know we are 18 to 27 feet. I do not see a problem with parking there. It is got to be used for something. And if a car's parked there just one car and I do not have a problem with that. I am going to be supporting it. 3 Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Alcaraz. Commissioner Mr. Alcaraz, your mic is open for comment. Ms. Alcaraz: Thanks,Bill.This is George Alcaraz. Again,as stated in the informal,I agree with Mr. Inman. We have three bedrooms, three required parking spaces, one parking space is off site. Another parking space is not standard to the nine by 18. So actually, they have one parking space this by the ordinance, so I am going to have to not recommend this approval too, I'm not approving it. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Wall. Commissioner Wall your mic is open for comment. Mr. Wall: Thank you. This is Jack Wall and I can concur with that, but to be consistent, I think we have approved whether it is one foot over the right away or whether it is three feet or 18 feet into the right away if that is a typical parking strategy, then I am fine with it. And that appears to be the case on 79th Street. I think that you know, some of the comments that Mr. Hunt had, he seems to be an outstanding neighbor you know, genuine, sincere. However, in the parking space number two is deficient by one foot and whether it is deficient by six inches, if we are looking not by 18 spaces, or deficient by four feet, you know, where do we draw that line is our standard now 18 by eight and not 18 by nine. So,you know, for that I think that is something you know, we need to decide on and I think you know, that is applicable to this application but it is applicable also to other applications. So,that's a substring by right now for any responses. Mr. Landfair: Staff acknowledges the virtual hand raised by Planning Commissioner Coston. Commissioner Coston your mic is open for comment. Mr. Coston: As we look at this item, that the situation exists there that can never be fixed until there is a large developer who would develop the whole thing. And I do not see why we would prohibit this guy from operating in his own driveway. Technically it is his driveway and the sidewalk noted there is really the driveway, I mean,there is not a separate sidewalk in the middle of that right away. I will be supporting it. Mr. Landfair: Staff acknowledges the virtual hand raised by Planning Commissioner Redmond. Commissioner Redmond your mic is open for comment. Mr. Redmond:Thank you,Bill. I agree with Mr. Wiener and Mr. Coston. Look, I park my car at the end of my driveway in the City right-of-way,probably four times a week when I am pulling out the lawn mower and it just makes it easier for me to get in and out of my garage or to do anything. The idea that in your own garage with this paper designation of city right of way that you are in any way impeding anything strikes me as you know as not terribly credible. So I mean, I understand we can disagree 4 on those things. But, it is a difference without a distinction. Jack to your question about the parking space, the length of the parking space, as I said this morning, I mean, I have never owned an eight foot wide car, let alone a nine foot wide car. And it just seems to me that is we are splitting hairs on stuff like that standard does not make much sense to me. I do not know if there is a better one, but it does not make much sense to me. This is an application where there is no opposition,all his neighbors are friends,they may well be one that exists already as Bobby mentioned with regard to the to the grandfather unit next door, which so far has not had a lot of incidents. So I do not really see what is terribly objectionable about this application to me, I will be supporting it and I thank you. Mr. Landfair: Staff acknowledges the virtual hand raised by Planning Commissioner Weiner. Commissioner Wiener, your mic is open for comment. Mr. Weiner: Thank you, Mr. Landfair. I want to go back to being consistent again just want to point out one thing real quick. I have made a bunch of notes here listening to everything today and I did watch the Council Meeting last night most of it, but if something happens and we go back in, staff do not get mad when I say this. I don't think it is good. We can do this in a 100 days my opinion on short term. But this could be something we need to bring up. Because I know it is in the right away but Mr. Coston brought up a good point, it is his driveway. So, something we need to bring up. It is not in our ordinance right now for Short Term Rental. It could be, but I want to be consistent and that is why I am going support this application. Thank you. Mr. Landfair: Staff acknowledges the virtual hand raised by Planning Commissioner Wall. Commissioner Wall,your mic is open for comment. Mr. Wall: My apologies, I need to lower my hand. Mr. Landfair: Staff acknowledges the virtual hand raised by Planning Commissioner Redmond. Commissioner Redmond your mic is open for comment. Mr. Redmond:I am in Jack's boat, my apologies. Mr. Landfair: Staff acknowledges the virtual hand raised by Planning Commissioner Inman. Commissioner Inman your mic is open for comment. Mr. Inman: Thank you, Bill. I hear what everybody is saying it is a tough one. And this is exactly why we need to be consistent. Now, you' will say, Oh, well, we have already done this. Well, we have done it a couple times, but it does not make it right. And we have got 100 more to go, we may or may not have an amendment to the ordinance that takes care of this problem. We may or may not have it. So right 5 now,the ordinance says has to be on site. Each of these ones that has the driveway off site has a little bit difference meaning sometimes it is, you know, 10 feet, sometimes it is the whole car, sometimes there is a sidewalk in between, which is I think, problematic. So, every time we have one of these, we are going to have to have this discussion about, you know, what is the real impact of it on the neighborhood and as it as appropriate for this property and so forth. I would like to make a path forward where we just they make the decision that these are not going to be approved with offsite parking. So, that is the way I feel about it and that way there is no discriminating against anybody and rules are rules and live by the rule or get it change. Thank you. Mr. Landfair: There are no more speakers Madam Chair. You have the floor Ms. Oliver for Planning to call for a motion. Ms. Oliver: Great,thank you. Alright, do I have a motion. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Weiner. Mr. Landfair: Commissioner Weiner, you mic is now open. Staff acknowledges the virtual hand raised by Commissioner Wiener as a potential motion. Commissioner Wiener your mic is now open. Mr. Weiner: I move approval of this application. Mr. Landfair: Madam Chair staff opens the mic for you to call for a second. Ms. Oliver: May I have a second please? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond. Commissioner Redmond your mic is now open. Mr. Redmond:Second. Mr. Landfair: Hearing in a second a motion to approve the application has been made by Commissioner Wiener and seconded by Commissioner Redmond. Are any planning commissioners abstaining from the vote? 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 but more speaking. Mr. Alcaraz. Mr. Alcaraz: No. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. 6 Mr. Landfair: Mr. Inman. Mr. Inman: No. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: No. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: No. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of four, four and four against agenda item nine is hereby recommended for denial by the Planning Commission. Thank you. AYE 4 NAY 4 ABS 0 ABSENT 3 Alcaraz NAY Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman NAY Klein AYE Oliver NAY Redmond AYE Wall NAY Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 207 79th Street, Unit C and the Short Term Rental use shall only occur in the principal structure. 7 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. An all-weather "No Blocking Sidewalk" sign shall be erected on the owners private property within clear view of the parking space in the City right-of-way(driveway).The location,material, and content of the sign shall be submitted for review by the Zoning Administrator within 30 days of a favorable decision by City Council. Said sign shall be installed on the property, at a location deemed acceptable to City Staff,within 60 days of the Zoning Administrator's approval. 4. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building,housing,zoning, fire or other similar codes. 5.No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30)minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through`c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b)Copies of the Commissioner of Revenue's Office receipt of registration;and c)Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2(fireworks),and a copy of any approved parking plan. 8 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. 9 , \,------------ '-----\_,/ „ \ 4,e-- wo i 8o o th !hiit '' I' E' E3 CD 11 V--\_ \ C ' \ \ -A, , , \ -- L.. 03 wCe i V -0 Ch I— % 7:01 CU i1 \ Ce N \ \\, i --- \ \\,, , ,.. \11\ i -\\ \ \ i___—______— a Ro Red Tide -- --- 7/3 _ cn Q \j; T T Ii !r � �'411.-----_----3- \\-------- \ r _ Cr" o � ^V�.- i..is c, i:V% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LISA C. EURE [Applicant] LISA C. EURE, RITA BIANCHI & MICHAEL BURNS [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 2312 Red Tide Road, Unit A (GPIN 15902024690001). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: August 4, 2020 • Background: The applicant is requesting to operate a Short Term Rental in a two-bedroom unit, Unit A, of a three-unit condominium constructed in 1980. The 7,500 square foot lot is zoned B-4 Mixed Use and is in the Lynnhaven District. Only Unit A is subject to this application. 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 proposed Short Term Rental is located approximately 800 feet from the public beach of the Chesapeake Bay where Short Term Rental uses are to be expected. The applicant's parking plan for the Short Term Rental unit depicts the required two off-street parking spaces situated in the side yard of the property. On-street parking is permitted along Red Tide Road, although not relied upon by the applicant. 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. Following the Planning Commission public hearing, Staff received a phone call from a nearby property owner who expressed concern with Short Tern Rental uses in general and that the use is contrary to the character of the residential community. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 2312 Red Tide Road, Unit A, and the Short Term Rental use shall only occur in the principal structure. Lisa C. Eure 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. The area for parking spaces 1 & 2, as shown on the Site Layout & Parking Plan, shall remain a minimum of 9-feet by 36-feet, 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 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- Lisa C. Eure 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 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. • 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:2 Applicant: Lisa C. Eure Agenda Item Property Owners: Lisa C. Eure, Rita Bianchi & Michael Burns CilyoJ Public Hearing:June 10, 2020 10 Virginia Beach city council Election District: Lynnhaven Request Conditional Use Permit(Short Term Rental) `�Staff Recommendation -----� Approval Staff Planner .— ll1011I li Hoa N. Dao `- Location \ . ligili • 2312 Red Tide Road, Unit A __ -- lig" GPIN alit 15902024690001 Site Size t 7,500 square feet Existing1.1111111 PP"' Land Use and ZoningDistrict alorAi r Multi-family dwelling(Triplex)/B-4 Mixed Use Surrounding Land Uses and Zoning Districts North Duplex dwelling/B-4 Mixed Use South ' Duplex dwelling/B-4 Mixed Use • East p Multi-family dwellings/B-4 Mixed Use - Vt ., West --4 '. , r ,.„s . _ Red Tide Road .3 4 Single-family dwelling, multi-family dwelling, _ .a �; ti hotel/B-4 Mixed Use - �1- t ` .} ray.. r c -'-''' G 00 Lisa C. Eure Agenda Item 10 Page 1 Background & Summary of Proposal Site Conditions and History • The 7,500 square foot lot is zoned B-4 Mixed Use District and is located in the Bayside District. • The Short Term Rental will occupy one unit, Unit A,of a three-unit condominium that was constructed in 1980. Unit A is 1,050 square feet in size. • Staff inspected the site on February 7,2020 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. Residences on this portion of Red Tide Road commonly park their vehicles in the right-of-way,which is generally a driveway between the property line and the street pavement. Regardless,there are two parking spaces provided on-site,specific to this unit,thereby meeting the minimum parking requirement for the Short Term Rental use. • There are no zoning violations or City Council actions found on this property. Short Term Rentals in the Vicinity ---------- ' cent \ - V ----,-A \ -- " 1 I S" 1el.Ate- ` , s 1 t.,--- --T----F \\V''' ik* - ', 1\ 2,--- - ----- \ V___ 7:,— eto 5n_ V—I ;7ob '� r _y _ -�f �-, l m STATUS 1 1hITs_1 -_t \ o Q Under Review - 0,,r_i s G I Registered I iltt- �1 I"-= ;. "OPY ( ,Till , �— " Summary of Proposal 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: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 6 Lisa C. Eure Agenda Item 10 Page 2 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 = s: Zoning History # Request 1 CRZ(B 4 to A 12 with PD H2 Overlay)Approved 05/10/2000 te ` 1 2 CUP(Outdoor Recreational Facility)Approved 04/08/1998 „woo foe 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 will occupy one of three condominium units located at 2312 Red Tide Road.The property is zoned B-4 where multi-family dwellings are permitted. Red Tide Road is an 80-foot wide right-of-way with 30 feet of pavement.The width of the right-of-way is much wider than a typical street section of 50 feet. In addition,the distance from the edge of pavement to the property line is 25 feet, more than the minimum length of a parking space (18 feet).As a result, it has been common practice along Red Tide Road for vehicles to be parked in the right-of-way, but in a driveway,giving the appearance of being on private property.The photographs on pages seven and eight of this report provide evidence of this situation.The proposed Short Term Rental requires two parking spaces and the other two units of the condominium require four parking spaces for a total of six parking spaces.The applicant provided a parking plan that depicts two on-site parking spaces situated to the side of the building for the Short Term Rental guests, thereby meeting the requirement.The occupants of the other two units will continue to park their vehicles on the driveway,which is technically entirely within the public right-of-way, as it is between the property line and the street pavement.At no point will any of the parking spaces impede the flow of either pedestrians or vehicles. Staff is unaware of any opposition to this request and recommends approval of the application,subject to the conditions listed below. Lisa C. Eure Agenda Item 10 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2312 Red Tide Road, 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. The area for parking spaces 1&2, as shown on the Site Layout& Parking Plan,shall remain a minimum of 9-feet by 36-feet,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 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 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. Lisa C. Eure Agenda Item 10 Page 4 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three(3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • 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 the request and the date of the Planning Commission public hearing on May 22, 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020 and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. Lisa C. Eure Agenda Item 10 Page 5 Site Layout & Parking Plan a__ tS !jar� ■ u II1 `(ll/i Wok s!• UNITS I. PARKING SPACE B & (9' x18') � k� I • NITA _• 1sac. - 25' RED TIDE ROAD (80' R.O.W. — 30' PAVEMENT) Lisa C. Eure Agenda Item 10 Page 6 Site Photos .•,.. - • , .:, ' - -- . . . . . ...,.. ix ---,...,.4,,,i, 1•;:4. ., 0..4, ,, ,; i .,',7 • -(;...'C•':.-.'.. 2...I •-t • *, :/-.1,,%t•:'"-•.1.,k*'-',>"-i. 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'- - - t4, , ," .-1.4• 4•7.:,--,,•44. q. •0,-;'-','"•; ---<-- "-'7-'k' .'-:"-,-.---:, •`' ...---:''''',.....,4;',--. -' .:,---, 1.-.` --;;--- ',-'- ''-',"...'''•-- -...-...,,,k1-'...sirf `,--f-V.7.-••- ,: ''''''t — _••i`:''''':•,17:':',7'rt.-;,'-''.•:,...,--r::-. ,-..-1:-,:, -4604-;:i: —7.10*-.;_'-•---'-.—1- -,-;---;----..-_ --;'_ --- -• .-- •_ •-, ''---'-`' ,.;;::,-) 4, .:74,- :• ..4"4:' : _-_,TT.±,- ---- - • -' ' - lef!-II?S' . •-i-'' ,-•-;- .:,-.- . ' ----_-* .a,. ,..,---.-:- .2...-:.,m. - -- '-' ,,-.:"•' =(-4•.-P4*--t._- . -'Y- - . •-..4.4 ,=:-...--- - • Lisa C. Eure Agenda Item 10 Page 7 41 Site Photos Usa[. Euve APM sl Agenda Item 1O Page Site Photos ,„, , or, - f 1 - .t.. -,,,i6„-• i.:•,gssply..t. , . ,. • -' 4 - - _ -1 ill ,L,,, 4 , i 4. ii*-'1 ' - (s. ...:s ii.,._ - , Af r 4,44 .. . , .. 4 t r` wJ � a:. . s- l J f !'_ x•,-**\..... 1 ?+ �• _ 4.-. ••• • .... its v.:,F>r .. ` b ii-.i.,Q �c ._n _- . cp �wTr �r .irly + 'A1* pia f` ' • fir. ! . S. T '. - + /.:' i `fie-\2".4 ' j ".. r. j„t h..y"� ... .x),......e._, cif-�..._. iplk. c Y /41111...°•"..< ...MI,. ram-' '';' Lisa C. Eure Agenda Item 10 Page 9 Disclosure Statement Virginia Saari APPLICANT'S NAME L (11 -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 Planniru Commission and Cit.Council meetin that pertains to the a olication(s). APPLICANT NOTIFIED OF HEARING DA1 E: ® NO CHANCES AS OF DATE: 07.20.2020 hDao REVISIONS SUBMITTED DA1 E: Lisa C. Eure Agenda Item 10 Page 10 Disclosure Statement \113 Virginia Beach Check 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. VCheck 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 Lisa C. Eure Agenda Item 10 Page 11 Disclosure Statement 014 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 entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 ♦ • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Lisa C. Eure Agenda Item 10 Page 12 Disclosure Statement .„,\B APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n I ✓� Accounting and/or preparer of I 1 your tax return Li a 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 D' purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) Construction Contractors n2- Engineers/Surveyors/Agents Financing(include current � mortgage holders and lenders I V selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Lisa C. Eure Agenda Item 10 Page 13 Disclosure Statement oyy 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. f ,/ APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Lisa C. Eure Agenda Item 10 Page 14 Disclosure Statement OWNER of Unit A Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) NE,' Accounting and/or preparer of I your tax return IvI Architect/Landscape Architect/ V I 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) nR Construction Contractors Engineers/Surveyors/Agents Financing(include current n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I I 2 Legal Services Real Estate Brokers/ f Imo- Agents/Realtors for current and I u anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have �� an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Lisa C. Eure Agenda Item 10 Page 15 Disclosure Statement 00,„\B Owner of Unit A Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. II understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Appl' ation. . . 02( (,ice C ;u re I o a4)t°► ROPE TY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Lisa C. Eure Agenda Item 10 Page 16 Disclosure Statement 3 OWNER of Unit B Vitrgtinia Beech YES NO L- SERVICE 1 1 PROVIDER(useneeded)additional sheets if i n pAccounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner _ _ �- Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers El purchaser Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 111 Er Construction Contractors riEngineers/Surveyors/Agents Financing(include current 7 12' mortgage holders and lenders I �J selected or being considered to provide financing for acquisition or construction of the property) I I Legal Services __ Real Estate Brokers/ nI Agents/Realtors for current and I I anticipated future sales of the subject property __ 4 — a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES N Does an official or employee of the City of Virginia Beach have 17 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 Lisa C. Eure Agenda Item 10 Page 17 Disclosure Statement NE Owner of Unit B Virginia Beath CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 1I 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. PROTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Lisa C. Eure Agenda Item 10 Page 18 Disclosure Statement OWNER of Unit C 3niaBeach YES I NO SERVICE PROVIDER(use additional sheets if needed) — Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Hxi the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed V purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors 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) IJ n Legal Services Real Estate Brokers / In! Agents/Realtors for current and 1/ ! anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO r Does an official or employee of the City of Virginia Beach have z an interest in the subject land or any proposed development ` I contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Lisa C. Eure Agenda Item 10 Page 19 Disclosure Statement IyW Owner of Unit C 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. _ e au.. Michael Bums 1/30/20 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Lisa C. Eure Agenda Item 10 Page 20 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. Lisa C. Eure Agenda Item 10 Page 21 :.c ; " \ 1 •__ =Neik Etoa�` ---v--- -- at r-._r r �-= Arbor r = r f _-y -paid j_� I00 mt r a ;_- �- % A Q _� na T-- 1-:_,- - \ + 1ta Court, '. I - bb i ,,� 1 `� _� t ai 1 .t I' 1: et 1 I .4.§.1‘--61. Vf-0---- -`'. -------H— ,I-- 71-r-- t- tit = �__�11 _-_ ._. . 1 i. ca \ , ., - „ ye ei - _ \ - - _- -=I -�, i I • \ % !..it:''g\SL.,14._--- - \\. ..c.N I -, i R�a-T— • - I, I - 7.. r -- - Eu - ____D= r° , = IS O1, _f- w 1, 5 io ) I t I I I 1r 1 I y_ I - o < 0 D r , I i, re ., 1', 11 Q I cn I I , ti, r. .r- 1` Items# 10. Lisa C.Eure [Applicant& Owner] Conditional Use Permit(Short Term Rental) 2312 Red Tide Road,Unit A June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion,the following applications will be placed on the consent agenda Items 1,2,3,4,5,7,8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19,20,21, 26,27,28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for a conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. 2 Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19,20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 2312 Red Tide Road,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. The area for parking spaces 1 &2, as shown on the Site Layout& Parking Plan, shall remain a minimum of 9-feet by 36-feet, 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 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. 4 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. 5 H1 h street O 56t �0 _,/1 o R-5R(NE) \_______------- er L R-5R(NE) co R, SR.(;N;E) • , 9 0 _ y. , // _---r- \-----.„ ( ' _ _-- ----\ ‘ \ \c,', ---A1,_.----- , , '' - ---\7_, , a C. -\ \-A___ ° ' tee o \_- RSRNE` CA 4 \ "1 -) c-----1 0 \ _--------- - \ \ \, na . ., _- N r Site \\ A- E Property_Polygons Atlantic Development Associates, LLC Q 112A 56th Street ti Zoning Parking Lot Drive Aisle NI in mom Feet Building 0 10 20 40 60 80 100 120 u N psyy CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ATLANTIC DEVELOPMENT ASSOCIATES, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 112A 56th Street (GPIN 2419803545). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: August 4, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a four-bedroom duplex located in the North End neighborhood of Virginia Beach. The 6,625 square foot parcel is zoned R-5R (NE) Residential District. Construction of the duplex unit was completed in 2019. The maximum occupancy of guests permitted in the four-bedroom unit after 11 :00 p.m. is twelve. The minimum number of parking spaces required for this use is one per bedroom, or four spaces in this instance. • Considerations: The site is located east of Atlantic Avenue, one block from the Atlantic Ocean. The surrounding area is a mix of single-family and duplex dwellings, with a large hotel located directly to the north of the site. The submitted parking plan shows four off- street parking spaces, two located in a garage and two in the driveway. Staff believes and the Planning Commission concurs that all other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 112A 56th 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. Atlantic Development Associates, LLC Page 2 of 3 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 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. Atlantic Development Associates, LLC 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 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. • 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 (,.10L. City Manager:(1' IP Applicant& Owner: Atlantic Development Associates, LLC Agenda Item Public Hearing:June 10, 2020 City Council Election District: Lynnhaven 1 1 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation S Approval •� Staff Planner � �--4 . Hoa N. Dao 11 Location ' ! ! - 112A 56thStreet litiZoolol 1 >�00 GPIN 1•.2419803545 •�Site SizeSO 6,625 square feet �' • Existing Land Use and Zoning District Duplex dwelling/R-5R Residential (NE) Surrounding Land Uses and Zoning Districts North . 1 56th Street .'� Hotel/H-1 Hotel South : -A ` 55th A Street(alley) 1 as. Duplex dwellings/R-5R Residential (NE) :r East t,�s� � Undeveloped lot/R-5R Residential (NE) i • '.� - West N. = �,C WI Duplex dwelling/R-5R Residential (NE) y, S r . _ 'll ✓ ` tt . i _ Atlantic Development Associates, LLC Agenda Item 11 Page 1 Background & Summary of Proposal Site Conditions and History • The 6,625 square foot lot is zoned R-5R (NE) Residential District, North End Overlay. • The construction plan for the duplex dwelling was submitted to the Development Service Center(DSC) in July of 2018 and construction was completed in 2019. • The applicant owns and requests a Conditional Use Permit for Short Term Rental for Unit 112A. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report.There is a hotel on the north side of 56th Street, directly across from this site, and on-street parking is not permitted on this portion of 56th Street or 55th 1/2 Street. • There are no past zoning violations and City Council actions found on this site. Short Term Rentals in the Vicinity 600 st{e -- J { h s yee geN et Itt-' 3 /C-----\6\ ltttrst{ee Lt•0 .t 'Cteet 11'\-.4.:---- STATUS h ".. .•.0 0 Approved �•tt\ 11 ' G `. i J Denied O underRev.en'a' �•. .__. 1 s�16.. O Register* '1j��,' j ,'.�� Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a four-bedroom Short Term Rental in Unit 112A 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. Atlantic Development Associates, LLC Agenda Item 11 Page 2 Unit: 112A Number of bedrooms in the Short Term Rentals: 4 Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 12 Number of parking spaces required (1 space per bedroom required): 4 Number of parking spaces provided on-site: 4* *As the Construction Plan for the duplex was submitted to the DSC prior to January 16, 2019,the adoption of the Short Term Rental (STR) regulations,the Zoning Administrator will allow the garage spaces to be counted towards meeting the parking requirement. Four on-site parking spaces are provided,two parking spaces in the driveway and two parking spaces inside the two-car garage. N1 5'' j \_ Zoning History Mt r # Request 1 NON(Enlargement of Nonconforming Use)Approved Rd iweit, sow.' G--- 11/25/2014 • _- ` NON(Enlargement of Nonconforming Structure)Approved it ,, r i " . : 05/12/2009 ti 2 NON(Enlargement of Nonconforming Use)Approved t t ,1,' - 10/28/2008 r \ ` 3 CUP(Wireless Communications Facility)Approved R-5RJN�1 ' L : v i 08/18/1996 CUP(Wireless Communications Facility)Approved \ _ j _. __- ii__-- i - 1 12/13/1995 i r:..R 4 CUP(Communication Tower)Approved 10/12/1994 R4*INEI 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 Vehicular access to Unit 112A is from 56th Street.As mentioned above,the garage space can be counted toward meeting the parking requirement,as the construction plan for the duplex was submitted to the DSC prior to the adoption of the Short Term Rental regulations.There are four bedrooms in Unit 112A.As depicted on the Site Layout& Parking Plan on page six of this report,four on-site parking spaces are provided,two in the garage and two in the driveway.The Zoning Administrator reviewed this plan and finds it to be acceptable. Staff finds the proposals to be appropriate for this area of Virginia Beach,as the site is located east of Atlantic Avenue, there is a hotel across the street, and the property is approximately 500 feet from the Atlantic Ocean.Staff is unaware of any opposition to these requests and recommends approval of this application,subject to the conditions listed below. Atlantic Development Associates, LLC Agenda Item 11 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 112A 56th Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage 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 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 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. Atlantic Development Associates, LLC Agenda Item 11 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(s)was placed on the property on May 11, 2020. • 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 the request and the date of the Planning Commission public hearing on May 22, 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020,and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. Atlantic Development Associates, LLC Agenda Item 11 Page 5 U s--I LD J 1--I J a N co Q) d Y CO U •O O C <n N tn Q OD Y C (L E I? _O 0 Y • Ihr• T MOMUEfYE i i (01 C(3. 7O'461.Om7.,M; J • • — • ` UP`�°u0•„K8«OI ' P. r SWlWOIYM to..7O�y tOr�YM 41%%10%.....gg \ ..mot / Vail e:.> ,_s •.tip:, s.auSUa r. ns.7st[MAW MAIM.MO .. ... r 1... M c•-•1 CO . w wH Q Q N .,s N bk. 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Atlantic Development Associates, LLC Agenda Item 11 Page 7 Site Photos • r WIIllirti __ PIM 9 -F- ti J Now Al - r - , ' i� .. „„ } ,- — •,... , ! 4 F gy• , . , , .. , _,__,.1., c J- 9_,,,f..„,4 1 \ .,-, : _ ./.. . /cy Atlantic Development Associates, LLC Agenda Item 11 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Atlantic Development Associates, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property _ Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP)Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures'rust be updated two(J J s prio ..-:, • Page 1 Of 7 i Planning Commission and City Council meeting that pertains to the application(s) F ❑ APPLICANT NOTIFIED OF HEARING GATE • ® NO CHANGES AS OF DATI 07.20.2020 hDao O REVISIONS SUBMITTED GA-f Atlantic Development Associates, LLC Agenda Item 11 Page 9 Disclosure Statement V13 N'irginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. IX Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Atlantic Development Associates If an LLC, list all member's names: Brian C. Large,Sole Member If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary� or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 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 Atlantic Development Associates, LLC Agenda Item 11 Page 10 Disclosure Statement \13 \1rginia 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 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 Atlantic Development Associates, LLC Agenda Item 11 Page 11 Disclosure Statement 'NB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed► 1:1n Accounting and/or preparer of DBO I 1 your tax return I( El Architect/Landscape Architect/ WPL,Inc. ll�� Land Planner Contract Purchaser(if other than Elthe 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) ▪ I I Construction Contractors WPL Homes,Inc. Engineers/Surveyors/Agents__ WPL,Inc. Financing(include current TowneBank X ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Z ❑ Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/ Berkshire Hathaway E ❑ Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ �� an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Atlantic Development Associates, LLC Agenda Item 11 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Atlantic Devel e _ ��- Brian C. Large, Sole Member NT' PRINT NAME DATE Page 5 of 7 Atlantic Development Associates, LLC Agenda Item 11 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. Atlantic Development Associates, LLC Agenda Item 11 Page 14 -------. ---..\----'7:-\:, Alx.' '. ,\141--- .),,,,----3____\\— -- s \'''\\ 2 *.L'e..Psj.-----\\--, ,•---, >— .._„\----\-----077--- . 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Atlantic Development Associates, LLC Conditional Use Permits (Short Term Rentals) 112A & 112B 56th Street June 10,2020 11 RECOMMEND FOR APPROVAL—CONSENT & 12 DEFERRED INDEFINITELY Mr. Landfair: The second application requesting deferral is Agenda Item 12 application of Atlantic Development Associates,a conditional use permit for a Short Term Rental for the property located at 112-B, 56th Street, Lynnhaven District. The applicant's representative, Mr. Eddie Bourdon has signed up to speak. Mr. Bourdon the floor is now yours. Please pause for three seconds before speaking. Mr. Bourdon: Again, Madam Chair for the record Eddie Bourdon, Virginia Beach Attorney representing the application. The subject unit has been sold and the purchaser when they contract it to buy it, agreed, it was already in play, the application have been filed that they wanted to do the Short Term Rental as well. They have since had second thoughts. So,we are doing indefinite deferral on this application,they are a party by their contract and by the documents to the other application. But,this one we are deferring until they determine whether they want to pursue the use permit or not. So it is an indefinite deferral it may or may not come back. Mr. Landfair: Ms. Oliver you have the floor to open it up for Planning Commission, if they have any questions of the applicant, or if they would like to make a motion. Ms. Oliver: Thank you. I will open the floor up if there are any questions or comments regarding the request for the deferral or if there is a motion. Please raise your virtual hand and staff will recognize you now. Mr. Landfair: Commissioner Weiner your mic is open. Mr. Weiner: Oh. Yes, Madam Chair, I would move that we defer Item six, and I believe that was until the June 24, meeting and Item 12 indefinite deferral. Mr. Tajan: To clarify Mr. Wiener the item number six is deferred to the July 8, meeting. Mr. Landfair: Madam Chair, staff opens the mic to you to call for a second. Ms. Oliver: Right, thank you. Do I have a second please? Mr. Landfair: Commissioner Inman your mic is now open. 1 Mr. Inman: I second the motion. Mr. Landfair: Hearing a second, a motion to defer applications six and 12, as noted, have been made by Commissioner Weiner and seconded by Commissioner Inman. Are there any Planning Commissioners abstaining on these items to be deferred at this time, please raise your virtual hand for staff to recognize you, so that you may provide an explanation for your abstention. 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 remember to pause after your name is called before speaking. Mr. Landfair: Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Mr. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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. 2 Ms. Coleman: I recorded vote of eight, four and zero against Item 6 and 12 have been deferred as noted. Item 6 will be deferred until the July 8, hearing and Item 12 is indefinitely deferred. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Ms. Coleman: The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur,and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1, 2, 3, 4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19,20,21,26,27,28,29,31,32,33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for a conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. 3 Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. 4 Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE 5 Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 112A 56`h Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage 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 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. 6 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. 7 \ \ 3 1 .--, -----\ 0 ,. c- --"\, A \------\, \---\ 0_ \ ,,...._ 7 C., , \ \ \ 0 11.4,5R(NE) ' \ 1,, t----: „fez,/ - .:".• \\\ ,,V------Voi /4 4 \ \ ,----_, R-5R(NE)-\\ • 0 , ,, \,_____ -', \ • . . \ ____, , I \ • \ _--, ..\ $ \\\\, ) 0 R=5R(NE) \ , ,\-------1 \ / \ / do 640 sIxeet \, 7 efr ', ---- 64th Stt eet 7 ,•.4, --.----- - — 4 R-5RINE) \ c. •, ___----E, ino i m im% .7--- ----:' A 1.‘"'JIMIMIC 1 ------ \ MI Site Property_Polygons CEBT Properties, LLC Zoning 201 64th Street Parking Lot Drive Aisle um mom mom= ii. Fee [ Building 0 12.525 50 75 100 125 150 IHu: 1, , i, , „ ,,.„,„ cy # i e. ..,.. 11 ..„,.. w. W tW CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: CEBT PROPERTIES, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 201 64th Street (GPIN 24197321940201). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: August 4, 2020 • Background: The applicant is requesting to operate a Short Term Rental use in a three-bedroom single-family dwelling built in 1940 in the North End. There are two single-family dwellings located on the 6,250 square foot parcel which is zoned R-5R (NE) Residential District, North End Overlay. Only the dwelling with frontage along 64th Street is subject to this application. The other dwelling has access from Atlantic Avenue and is the northernmost home on the property. Both units are owned by the same property owner, the applicant. 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: The proposed Short Term Rental is located approximately 600 feet from the public beach of the Atlantic Ocean where Short Term Rental uses are to be expected. The applicant's parking plan for the Short Term Rental units depicts the required three off-street parking spaces accommodated on the proposed extended concrete driveway located along the western property line. The occupants of the northern dwelling unit have a separate parking area with direct access from Atlantic Avenue. On-street parking is permitted along 64th Street, although not relied upon by the applicant. 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. Following the June Planning Commission public hearing, Staff received one email and had one phone call from neighboring property owners who expressed concerns about the inherent nature of the Short Term Rental use. Their preference would be for long term rental of the property. There were no speakers at the Planning Commission public hearing and it was placed on the consent agenda. CEBT Properties, LLC Page 2 of 3 • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 201 64th 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 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. CEBT Properties, LLC Page 3 of 3 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 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 1,3 - City Manager:i Applicant & Property Owner: CEBT Properties, LLC Agenda Item 41\i Public Hearing:June 10, 2020 �' city Council Election District: Lynnhaven 13 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation s „ Approval %..._k Staff Planner Bill Landfair est.s„•• 6bl^St«el A Location 201 64th Street rsu sl, 6,°GPIN ^d 5„oa 24197321940201 p‘sl,••` Site Size 6,250 square feet Existing Land Use and Zoning District \ Two Single-family dwellings/ R-5R (NE) Residential Surrounding Land Uses and Zoning Districts are _ , 1„- North h5lleel 4 �l Duplex dwelling/ R-5R (NE) Residential South 64th Street � .e= `, ‘ , 1�_ :`4,, .' Duplex dwellings/ R-5R (NE) Residential - y t East Atlantic Avenue ;Y 7 a Duplex dwellings/ R-5R (NE) Residential 71 West -,ili __"' , 4 Single-family dwelling/ R-5R (NE) Residential A `., 6plh 5l�Qel , vv., r r y w� t CEBT Properties, LLC Agenda Item 13 Page 1 Background & Summary of Proposal Site Conditions and History • The site is 6,250 square feet in size and zoned R-5R (NE) Residential District, North End Overlay. • There are two single-family dwellings located on the property. The dwelling which is the subject of the Short Term Rental application is located at 201 64th Street and was built in 1940. The second dwelling on the property was constructed in 2016. • Staff inspected the site on February 7, 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. • There are no zoning violations or City Council actions found on this property. Short Term Rentals in the Vicinity 01* 6001 `�h►►1 f -01;111 414%;\ itst•is,. 714 a At kt01 06 f'. },„ mil t ►�S* STATUS II faliv;�'.t►uG c• / Q Under Review . . �:.,`,,Y Registered `11 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: 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 CEBT Properties, LLC Agenda Item 13 Page 2 • Number of parking spaces provided on-site: 3 \3\-_-_\0 '6-1111A E) , • ty ~, Y 14 , No Zoning History to Report i,his •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—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The proposed Short Term Rental is located approximately 600 feet from the public beach of the Atlantic Ocean, where Short Term Rental uses are to be expected. A concrete driveway was recently constructed in the side yard and contains two off-street parking spaces with direct access via a concrete apron from 64th Street. The occupants of the other dwelling on the property have a separate parking area with direct access from Atlantic Avenue. The applicant has provided a parking plan that accommodates all three required parking spaces on site by lengthened the driveway to a total of 54 feet. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Staff is unaware of any opposition to this request. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 201 64th 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. CEBT Properties, LLC Agenda Item 13 Page 3 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 Rentals. 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. 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. CEBT Properties, LLC Agenda Item 13 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • 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 the request and the date of the Planning Commission public hearing on May 22, 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020, and July 26, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. CEBT Properties, LLC Agenda Item 13 Page 5 Site Layout & Parking Plan 5" Iles : � i , pi 41 • i I . ,.,,..- __ ,t_. ;11 1 Kati. rr 4 It S# 1 € -<. tileY III for 1 p : ,, Eig ,I „. !Ivii dl,.tiiiiiir. .. . . , , , , :...4„.4........xt....„ , *Oho :‘•1 araonaa-o . '1 t ', 'I 1 r 4 NI i ' '‘ ‘t, 5� se - 1,% .".":....t.S: ill c.. i� Ip � k1 i E1 3 1 4 1 Proposed iProposed Space -•-Bedroom i STR i 1 I ! ` ) t "`— � i t i . -._ _ 1 , ; -. li ls`_ .—_.__mot-- :...� , a.. ._._.�.n .. r , _ ,4. ; S a� . i .n. . i_ _ _i _ - - ! k m ' f \ 7 ...1 , ,..... _ c.,,,,,,,,,i,„ „ i , ,, , i , CEBT Properties, LLC Agenda Item 13 Page 6 Site Photos 1,',... ...„.,... • ..,....... . ----...- • _.._ . .. . .. .. ., ...._. - • t -, 1-,- • .._ , .- „ .., .„..,..: illli ".., -- '''' k ' ' ,- , - s . _ ... - • - . - -, , i„,i....,,. . ' ir min.A. ., • -----.::':.'t. : ‘-. '4111°Arr •-•41-'- - __11 101 • - .• ... V. . • --4) . 4 .f fliii . ... VI i --.4-- , , jo_.•_ ..$ --_.• ,„ _ .._ s, ---- - Al - ----,s'eft,s, . -------,- —.co . - - ; I * •v-4 S7 -...-.'".- 4 7'4,4''.4I‘. • '4 t :' • - , V . I 4 1 A'•' • '1% •4- . $ ...• AI - - 1111F ! _ MO LP!!;;iYl • h 1 -,ii:#1111ili11114101 1 1111411111111i111111111111iiiii.11`INIIMMII CEBT Properties, LLC Agenda Item 13 Page 7 Disclosure Statement VB Irginia Beach APPLICANT'S NAME CEBT Properties,LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers , Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks via,to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE. D/ NO CHANGES AS OF DATE 1(i1IW i*.I. &e..L UD ktC_ Ej REVISIONS SUBMITTED %ATc CEBT Properties, LLC Agenda Item 13 Page 8 Disclosure Statement 1/13 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:CEBT Properties, LLC If an LLC, list all member's names: Christopher J. Ettel, Manager; Bob Taylor, Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes1 and 2 ♦ • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER 1S NOT a corporation, partnership,firm, business,or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 CEBT Properties, LLC Agenda Item 13 Page 9 Disclosure Statement AlB 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 CEBT Properties, LLC Agenda Item 13 Page 10 Disclosure Statement APPLICANT vit t,;aBeach • PROVIDER(use additional sheets if YES NO I L SERVICE J needed) ] E. Accounting and/or preparer of William F.Nagle your tax return n z Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) �n n Construction Contractors IXI Engineers/Surveyors/Agents WPL Financing (include current TowneBank ❑ mortgage holders and lenders ICI selected or being considered to provide financing for acquisition or construction of the property) [XI n Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/ Lisa Eure I< 1 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 n � an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 CEBT Properties, LLC Agenda Item 13 Page 11 Disclosure Statement 1B Virginia Beach CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. CEBT Properties, . C / Christopher J.Ettel,Manager z f t-4W By: G APPLICANTS IGNATURE PRINT NAME DATE Page 5 of 7 CEBT Properties, LLC Agenda Item 13 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. CEBT Properties, LLC Agenda Item 13 Page 13 f ifi - 'a---V,, ,,)1. a.:.., --rr ' ''.1',, ' *'-' __----- i 0\-Oggin *, , - .. _--. ,1•�-ti JO " 'lti� y Olt ,_ m is ilii it -.:.:-.:,:_\-C 1. :C-T'-'7.-\ ,, 1' i. - " �t�• its - ,' Viartil ,doh _ = 1` � ��og m 1j.ce, -- ----- - -it . Vklali -.--kallak rob. ‘ OliP \ MOO -4-4.4 ill Ow— . 1111.10 .. t... . y,if., ,± 0 .6.,.t -..,‘ _.... iiiiiiii ��1s _ .. %1111, ../ WI*-' . ail i i. 11111.\.,\.‘ 11 id a) 'a) a1i n L o c N 0a a, c aa) f D Q 0 D Ct 1- 115 0 • 0 0 Items#13. CEBT Properties,LLC Conditional Use Permit(Short Term Rental) 201 64th Street June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight, City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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 a recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 3 1. The following conditions shall only apply to the dwelling unit addressed as 201 64th 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 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. 4 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 Rentals. 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. 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 5 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. 6 M .a4n i �� of R-5R \\•1 4,* 110 O \ \ , , ;R-5,R 7 4\ Zz ./* 3/, R 7.5 q, yolgyoli7 di MP '.,9 .toet % 10 �. R-7.5 /Na) . 4 R-7.5ele e` J\\\( a N rA Site ON P ert Pol La Paz, Inc. wNV ro E p Y_ Y9ons 2565 Shore Drive, Units A & B S Zoning Parking Lot Drive Aisle m mi _Feet Building 012.525 50 75 100 125 150 r[of i� zr s, J r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LA PAZ, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental)for the property located at 2565 Shore Drive, Units A & B (GPIN 15907109280000). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: August 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental in a six-bedroom duplex built in 1965 (three bedrooms in each unit). This 6,000 square- foot parcel, located within the Cape Story by the Sea neighborhood, is zoned R- 7.5 Residential District (Shore Drive Overlay), only allows single-family dwellings. Therefore, this duplex use is nonconforming. In 2012 and 2014, City Council approved separate proposals for expansions/alterations to this use, structure, and site. The maximum occupancy for guests on-site after 11 :00 p.m. for a three- bedroom Short Term Rental is nine, or 18 in all (nine in Unit A and nine in Unit B). The minimum number of parking spaces required for this use is one per bedroom, or three spaces for each unit in this instance (three for unit A and three for unit B, or six total). • Considerations: The parcel is adjacent to Shore Drive and is approximately 300 feet from the public beach of the Chesapeake Bay. While Staff typically does not recommend approval of non-conforming use conversations to Short-Term Rentals, the uniqueness of this specific property is recognized as it relates to its location abutting Shore Drive, its proximity to the R-5R duplex zoning district (within 100-feet), its potential conversion to a six-bedroom single-family dwelling Short Term Rental, and City Council's prior approvals to allow the non-conforming use to expand. The applicant's parking plan was modified to address neighborhood concerns relating to reduced visibility and line of sight limitations when turning from Kendall Street onto Shore Drive. Specifically, the concerns focused on cars parked in front of the duplex. Based on this, the applicant agreed to revise the parking plan by shifting two cars from the front yard to the rear yard and adding low-growth plantings and turf to much of the front yard area along Shore Drive. This change was approved by the City Traffic Engineer and presented to the Planning Commissioners at the June 10th public hearing. It was subsequently added to page 9 of the attached Staff report and is titled, Site Layout and Parking Plan (3rd Proposal). As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the latest iteration of the parking plan and deemed LA PAZ, LLC Page 2 of 4 it acceptable as did the Planning Commission. Moreover, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can also be reasonably met by the applicant. In combination with the concerns described above, two letters of opposition and five letters of support were received by Staff relating to this request. The opposition focused on the line-of-sight problem for vehicles turning from Kendall Street onto Shore Drive. Further details pertaining to the application are provided in the attached Staff report. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. 1 . The following conditions shall only apply to the dwelling units addressed as 2565 Shore Drive (A & 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 Council. 3. An entryway drive apron placed to meet all applicable code requirements must be created as shown on the parking plan illustration within the "Site Layout and Parking Plan" section of the Staff report unless this requirement is waived or modified by the Director of the Department of Planning and Community Development or his designee. 4. The area noted as "Existing and proposed turf and plantings" on the "Site Layout and Parking Plan" section of the Staff report shall be planted in accordance with a detailed planting schedule plan. Such plan shall be submitted to the Zoning Administrator for review within 30-days of any favorable City Council action relating to this Conditional Use Permit Request. The plantings and turf shall be installed within 60-days of the Zoning Administrator's approval of the submitted planting schedule plan. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). LA PAZ, LLC Page 3 of 4 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. LA PAZ, LLC Page 4 of 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. • 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 SQL City Manager: fi)\P Applicant Property Owner: LA PAZ, LLC. Agenda Items Public Hearing:June 10, 2020IN/B 24 City Council Election District: Lynnhaven & 25 Virginia Beach Requests / 24 - Conditional Use Permit - (Short Term Rental) — 2565 Shore Drive, Unit A / 25 - Conditional Use Permit (Short Term Rental)— 2565 Shore Drive, Unit B Staff Recommendation / o°�e Q. Approval / ,�`e f s d Staff Planner � � o William Miller °`vans cam Location A + a 2565 Shore Drive, Units A& B 9. d i, if � ;� GPIN % r' o N 6 1590710928 ___IA_____ SS \\ , o' \\\ Spindrift Road Site Size ` 11 I 6,000 square feet Existing Land Use and Zoning District Duplex dwelling/ R-7.5 Residential (Shore Drive le Overlay) ' • Surrounding Land Uses and Zoning Districts - ila► North -, .•ram Shore Drive ` Duplex dwellings/ R-5R Residential (Shore Drive . Overlay) , South - ,- , - a Single-family dwellings/ R-7.5 Residential (Shore Drive Overlay) '' ZEast t. Single-family lot / R-7.5 Residential (Shore I '' - 3. _ A. Drive Overlay) West 4, ,,-. Single-family dwellings/ R-7.5 Residential (Shore Drive Overlay) LA PAZ, INC. Agenda Items 24&25 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 6,000 square feet and is located within the R-7.5 Residential District (Shore Drive Overlay). • According to City records, this parcel contains one duplex constructed in 1965. • On October 11, 1965, this property was included in a comprehensive rezoning that impacted most, but not all, of the Cape Story by the Sea neighborhood. Specifically, there was a zoning district designation change that altered the types of allowable dwelling units on each parcel. In this instance, the previous zoning district allowed duplex dwellings; however, the new zoning district no longer permitted duplexes and instead only allowed single-family dwellings. • As a result of the 1965 neighborhood rezoning, this duplex became nonconforming relating to its use.This nonconforming duplex was later the subject of two separate requests before City Council: one in 2012 for an expansion to a nonconforming use and one in 2014 for a conversion of a nonconforming use. Both requests were approved by City Council.The 2012 request included renovations and additions to the existing duplex structure and parking area.The 2014 request included the demolition of the existing duplex and the construction of two new single-family dwellings. • On September 12, 2013, the property owner obtained the appropriate zoning approval for renovations and additions as shown on the 2012 City Council approved duplex site plan and architectural elevation drawings. On November 11, 2017 a building permit for those improvements was issued by the Permits and Inspections division of the Department of Planning and Community Development. As of the writing of this report, that building permit is still active. • To bring the use into conformity, the applicant has the option of converting the duplex into a single family dwelling; however, the applicant expressed his desire to retain the existing non-conforming duplex use as approved by City Council in 2012. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. • On-street parking along Shore Drive is not permitted. On-street parking along the east side of Kendall Street is also not permitted; however, on-street parking along most of the west side of Kendall Street is permitted 24- hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within this area of the public street. No parking signs are posted in all applicable areas on Kendal Street and Shore Drive. LA PAZ, INC. Agenda Items 24 & 25 Page 2 Short Term Rentals in the Vicinity Ow 04 , c` 01:• .4 % .0,/ \ \11\ -ram . i: ,\, _,e1:-- _____/-), -- STATUS 'fit Approved • Denied L - ' e 0 Under Rewew Q Registered r \ L Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a six bedroom duplex Short Term Rental on the subject site (three bedrooms in each unit).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. 2565 Shore Drive 2565 Shore Drive Unit A Unit B Number of bedrooms in the Short Term Rentals: 3 3 Maximum number of guests permitted on the property after 11:00 pm 9 9 (maximum 3 per bedroom): Number of parking spaces required (1 space per bedroom required): 3 3 Number of parking spaces provided on-site: 3 3 LA PAZ, INC. Agenda Items 24 & 25 Page 3 F 1 4t R 5R - ��dt O� Zoning History k k # Request 1 NON (Expand existing duplex)Approved 10/09/2012 - NON (Construct two single-family dwellings)Approved `- 08/08/2014 2 NON (Expand existing duplex)Approved 04/10/2017 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 & 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 zoning district area of the neighborhood. In this case, the subject property contains one of those nonconforming duplexes which was approved to expand and improve in 2012 by City Council. In addition, there are approximately five blocks of R-5R duplex zoning district found in the northeast corner of the community, which contains mostly duplex dwelling units and is situated 100-feet from the subject property. Additionally, this site faces Shore Drive and is roughly 300 feet from the public beach of the Chesapeake Bay.The applicant's parking plan depicts six required off-street parking spaces within two distinct on-site compacted gravel/crushed shell parking areas.These parking areas were approved by City Council as part of the 2012 expansion to a nonconforming use request; however, there is additional parking surface currently on the site that is beyond that approved by City Council.The applicant has agreed to restore those areas to turf and plantings as shown on the submitted parking plan. As a result, if City Council wishes to approve this request, recommended condition #4 was added to address this restoration. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. While Staff typically does not recommend approval of non-conforming use conversations to Short-Term Rentals, the uniqueness of this specific property is recognized as it relates to its location abutting Shore Drive, its proximity to the R-5R Duplex Zoning District (within 100-feet), its potential conversion to a six bedroom single-family dwelling Short Term Rental, and City Council's prior approvals to allow the non-conforming use to expand. Moreover, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can also be reasonably met by the applicant as a duplex. 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 2565 Shore Drive (A& B) and the Short Term Rental use shall only occur in the principal structure. LA PAZ, INC. Agenda Items 24 & 25 Page 4 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. An entryway drive apron placed to meet all applicable code requirements must be created as shown on the parking plan illustration within the"Site Layout and Parking Plan" section of the Staff report unless this requirement is waived or modified by the Director of the Department of Planning and Community Development or his designee. 4. The area noted as"Existing and proposed turf and plantings" on the "Site Layout and Parking Plan" section of the Staff report shall be planted in accordance with a detailed planting schedule plan.Such plan shall be submitted to the Zoning Administrator for review within 30-days of any favorable City Council action relating to this Conditional Use Permit Request.The plantings and turf shall be installed within 60-days of the Zoning Administrator's approval of the submitted planting schedule plan. 5. All City Council approved conditions listed in the 2012 expansion to a non-conforming use request must be met prior to any Short Term Rentals occurring on the property. 6. 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. 7. 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). 8. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 9. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rental. LA PAZ, INC. Agenda Items 24&25 Page 5 14. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 15. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 19. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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 sent an emailed notification regarding his Short Term Rental request to the President of the Cape Story by The Sea Civic League, Ms. Albis, on March 6, 2020. Staff is not aware of any further contact between the civic league representative and the applicant. • The applicant reported that they met with the surrounding property owners, and no objections were raised. 5 letters of support 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 May 11, 2020. • 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 the request and the date of the Planning Commission public hearing on May 22, 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 June 4, 2020. LA PAZ, INC. Agenda Items 24 & 25 Page 6 City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19,2020,and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. • 7 letters of support/opposition have been received by Staff related to this request. LA PAZ, INC. Agenda Items 24& 25 Page 7 Site Layout & Parking Plan (1st proposal) 2565 Shore Drive Unit A/ 3-bedrooms Existing and proposed Unit B/ 3-bedrooms turf and plantings 18' "lo r— f I Driveway apron - 18' placed to meet Public I 18' �l Works Specifications { and Standards 9' x 18' parking space on compacted gravel Ni CJ II I 12' — — — Ii4 36' 18' — I 11. LA PAZ, INC. Agenda Items 24 & 25 Page 8 Site Layout & Parking Plan (2'd Proposal) 2565 Shore Drive Unit A/3-bedrooms Existing and proposed turf Unit B/3-bedrooms and plantings • Driveway apron —placed to meet Public Works _ { Specifications and Standards 18'.. i 3 'I 9' x 18' parking space 8' '• on compacted gravel- 3 I . •• ; . . Unit A 419' 1 36' 2 I 1- 9' x 18' parking space on compacted gravel- 12' • Unit B 0. -= 2 1 P;v (F, 5' 15 04 15' 12'" 15' ' --SHORE DRIVE (100) — - T _. rc wEQ.r ATLANTC AVE. r LA PAZ, INC. Agenda Items 24 & 25 Page 9 Site Layout & Parking Plan (3rd Proposal) This plan was presented at the Planning Commission hearing on June 10th, 2020 and was the focus of discussion by the Planning Commissioners, the applicant, and the citizen speakers. 2565 Shore Drive Raised planting bed with Unit A/ 3-bedrooms * \ lowgrowingplants. Bed and Unit B/3-bedrooms ► 49,18' ! contents must be approved 3 • 1 by the Zoning Administrator - No parking is permitted at Ivy 2 3 ' this location 1 2 36 Existing and fproposed turf and plantings Driveway apron - placed to meet Public Works Specifications Ro• and Standards t 6 9' x 18' parking space on • compacted gravel- Unit A • e - - 9' x 18' parking space on 1 15' compacted gravel- Unit B ►. _ 15' 12' 15'J` --- ---- --SHORE DRIVE (100') - 4160 TOM/MY Ai:ANT.0 AVE. • LA PAZ, INC. Agenda Items 24& 25 Page 10 Landscaping Plan (no longer accurate) Existing vegetation to remain 4 o Eli -1171Tr—@ MP Existing vegetation to remain *: ,Jai d Screening vegetation at neighbor's fence EXISTING SOLOING TO MANN • • • • • Roses and Liriope Groundcover/low shrubs to encourage parking parallel to Shore — - — Dr;but not to block visibility to drivers leaving Kendall Street LA PAZ, INC. Agenda Items 24 & 25 Page 11 2012 City Council Approved Plans Imo: _3, .1.--1/..- "7._: 4 f '.{... I/ FI11 111: 1 P: :\\:: 11 .1 k ill-ii \ortru ' .x i I ygq6B1 i. SUMO� PROPOSED APPROVED BY IqY COUNCIL ... « o SIGN Iimam __ ° DATE__ b't•tZ E o,- PLANNING DEPARTMENT nNG�1es C N � __-_ C NO 'po j \ ��' • - `� 0 1 d , c ir=-s v /�µ.� SHORE DRIVE E3 it, GCh 7.•Ic- * l . a o+ t _ o PROVED V L e *ma 1 SIGtV _ I F.. 0- PLANNING DEPARTMENT 2012 City Council approved site plan 2012 City Council approved elevation plans (expansion to Non-Conforming Use) (expansion to Non-Conforming Use) LA PAZ, INC. Agenda Items 24 & 25 Page 12 Floor Plan • . 1 V I _l Bedroom Bedroom:tee: - OM IFI g 0 013 .1; J ,,, f I( (c Kitchen/ U Kitchen/ Living 0 O 0 Living 8I0 1)- I [ i f Existing porch J I L 1 ' // t+ I 1--T Bedroom Bedroom V ii 2"d Floor I 1W/D W/D °o g '� 1 i 1 I Bedroom Bedroom c 1 Ljri _: LA PAZ, INC. Agenda Items 24 & 25 Page 13 Site Photos 1 i_ .,-. © `$ I- . I -- :n,Al.'-.._',,,___.: Roof of 2565 Shore Drive Street View—Shore Drive V 4 L i ' Ilt ,R - -- 2565 Shore Drive Street View—Kendall Street LA PAZ, INC. Agenda Items 24 & 25 Page 14 Site Photos fir.# # �+`fitAP ifs ..p•�lt+R. Q�`�.:,':. -. . .. 'Y34 - `-.. ro!4 .• . I. rc • R nod , LA PAZ, INC. Agenda Items 24& 25 Page 15 Site Photos , \ _......._, , ' (--.- . ... um :'''..-„F.T,"if 4''-' I — . _ zn e, - r I F ,.. A-„,-..,*.i.„,,s.,- ,._, . .f , _ _ .,. _-7 .-,...-....-Att.....Ataty,„,. ?'-'-'''''''''`' .--...°L-- . '," C . v ' 'F I' 1R ti.a AineraII rI11rp�� P N \ , • - r F / SO n Jam_' I , . _ ,..... . . ____ ... _. . . __ . ,. . ,,;,. ,, . ., __ . ,-.413- -_,...= - , _-- , ff i' .,.....,,,. .,....t.„:4;,,,, ,,,,--,....:,4;,---414,e:.'*-` '••"'' '•--''''. - '''..1 - • 7^T T t a r,.._,...„,....4-"e-r..1, _.-..-44.--.,tli,-7:40-_-_,-,-, ,_--: •1. ,-,-: _ LA PAZ, INC. Agenda Items 24& 25 Page 16 Site Photos lit - :01411 " • - ; . - ,j `d1 }1M V R``,. ,.fir ' vhr," 4,-ii f -.t � -c.,y „C, -:�4.,� !- c -'4r- Z f�—"'?.+y'; T 31 1' k, eV"1 6 +4}j• /b S 'yam M� ,.� r i - .�}�• s— �A. �`cfi+C"ry� r'` - '..„,Sr,,cr �• � -,� e^_,a.••. �` tr"*.A 't y • j .ate /�I o- s of :J. Jsfn 1 i 1 } µ �`' .f'" " - - .+_.\ <, *,�-- ,Yt ,- y �ei.. ♦ or s,, ,. -44i ` xi+ r ,=•, , n G :.l=f,yw4. ,.yC ^.iyrg�` +-.. .:£ +.> .T .."lCsa �K. x.. �,' ,f y -Y�_• .e' �`� �f�, ia�,.,rN }fy! ""�Y` f.'�t:=tv� a`"�S,'' �4�•@r�Y-�' ' .s� t'..a b,+tr, �.., ;7 ,r _,.M 5'_-...,) S.:"ic,y,��.," R "t •' ) • hi7'7r► +'fie'. t ,.-,a- •,w-rs- s ,i -w. j. ``ytpz��. )d�6*7�y Y.'6"�f.r.. J' •-.. . ra• i' .. t yam., �3� u''"'t.,.n ,; ,; .nF -tg . ti �'`� .de 1" T� }i.,--- L 6Y fY ,f2`a 'i6 f —4,— ..,+,,=tit'+. f •," t`i;�;1�r•. .' S - 4'' +?,.' .# �lj`- d` t`-'4 �'� -' • I�Jy». •y 7'. 'A�t .', ''i1 n�Y r•'; t --.; ' �:. 7' 3„�\ f r, LA PAZ, INC. Agenda Items 24 & 25 Page 17 Disclosure Statement • N/13 Virginia Beach APPLICANT'S NAME Paz 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)_i Franchise Agreement Chesapeake Bay Preservation Area ! Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • 4 — � The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(1)weeks prior to any Page 1 of 7 Mannino Commission and City Council meeUmi that pertains to the application(s). ® APPLICANT NOTIFIED OF HEARING DATE 'June ii,2020 -Wivi ® I NO CHANGES AS OF DATE June 11,2020-WM r-I RFtilttfllti CiiF.tniTTFf DATE WLULavrvMW,erJune 11,2020 LA PAZ, INC. Agenda Items 24 & 25 Page 18 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, X business,or other unincorporated organization. � i V, Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:La Paz LLC If an LLC,list all member's names: Chris Wood If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name:La Paz LLC +�+ If an LLC, list the member's names:Chris Wood Page 2 of 7 LA PAZ, INC. Agenda Items 24 & 25 Page 19 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 LA PAZ, INC. Agenda Items 24& 25 Page 20 Disclosure Statement V13 APPLICANT Virginia Beach YES NO SERVICE PROVIDER fuse additional sheets if — needed) X Accounting and/or preparer of your tax return I I X Architect/Landscape Architect/ I Land Planner Contract Purchaser(if other than ng the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed I I ICI!\I purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors Engineers/Surveyors/Agents Martin Engineering(defunct) and IK9'Survey Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) [XI Legal Services Real Estate Brokers/ X Agents/Realtors for current and anticipated future sales of the subject property i _ 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 LA PAZ, INC. Agenda Items 24 & 25 Page 21 Disclosure Statement lB 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 tes•-t f' \efirrj a I k IP) APPLICANT'S SIGNATURE - PRINT NAME DATE Page 5 of 7 LA PAZ, INC. Agenda Items 24& 25 Page 22 Disclosure Statement OWNER Virginia Beach PROVIDER(useaddidonalsheers if --- - - - -- - -- -- ----- - -- ------ - --- TiN RI ni Accounting and/or preparer of ��1 your tax return U ® Architect/Landscape Architect/ Land Planner ® Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® ; purchaser of the subject property (identify purchaser(s)and purchaser's service providers) i II ® 1 Construction Contractors 151, Engineers/Surveyors/Agents Martin Engineering (defunct) and DKT Survey Financing(include current I - - fl n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ p I Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Q 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 LA PAZ, INC. Agenda Items 24& 25 Page 23 Disclosure Statement Mout 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 her 'n two weeks prior to the Planning Commission, Council, VBDA meeting, or eeting of any public body or committee in connection with this Applic. i PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 LA PAZ, INC. Agenda Items 24 & 25 Page 24 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. LA PAZ, INC. Agenda Items 24&25 Page 25 _,,,_ \,17), . II s \ k M , f W , \\ ' • Q \ •\ OS fa. ui-- .,, ** '41 4 0 ` v�� Wit F— W -L \ - \ of e lier `. ® ♦ ,'' .►Lo �► � a ►, .k•-i- Nillittawal -- air gr 111 V) I V 11. \i-.'A A I .'1 1 7 PIIMITS j \ /* ‘• ±-4\6` • __, ' iat li * \v0 ___,-,----- *% \ -t . 3 Q �'' 0-h -I °‘tk'‘ ' - itle 8 110 g� a) N Ni' lemillQ O lg 1 1 1 �'. 1 N Items#24.&25. La Paz, LLC Conditional Use Permit(Short Term Rental) 2565 Shore Drive, Units A&B June 10,2020 RECOMMEND FOR APPROVAL—HEARD Mr. Landfair: Thank you Ms. Oliver, to ensure this live electronic public hearing is successful. Please note, the following meeting order of agenda and instructions will be followed. The order of business will be as follows,withdrawal and deferred agenda items. First is the consideration of requests to withdraw or defer an item. If you signed up to speak, you will be called upon following the applicant's request to withdrawal or defer the item. However, please speak only to the matter of the withdrawal or the deferral and not to the merits of the item. Consent Agenda Items, these are items that the Planning Commission looks upon favorably and there are no speakers signed up to comment. Consent Items will be voted upon as a block and will not be brought up again for further consideration by the Planning Commission. Last are the Regular Agenda Items. These items will proceed in the following manner. A. Statements by the applicant or applicant's representative, followed by questions from the Planning Commission by raising their virtual hand. C. Statements by any registered speakers followed by questions from the Planning Commission by raising their virtual hand. D. Rebuttal by the applicant or applicant's representative, followed by questions from the Planning Commission if desired, by raising their virtual hand. F. Deliberation of the application by the Planning Commission by raising their virtual hand and G.Voting on the application by a verbal vote when recognized by staff. It is important that the planning commissioners hold their comments until recognized and to pause for three seconds after being recognized in order for staff to unmute you. Also, it is helpful for commissioners to ask all questions at once and by stating you will stand by for responses. This helps to ensure that all of your questions are answered before moving on to the next Planning Commissioner. During Planning Commission's deliberation, there will be no further public comment, unless a question is asked by the Commission. Staff will attempt to facilitate real time citizen participation and comments in the public hearing for those citizens who have registered. Planning Commission Policy provides 10 minutes for the applicant to present the request and all other speakers are limited to three minutes each. If you are the representative of a group, you are allowed 10 minutes to speak. Staff will be timing presentations. Please be advised that staff will mute you when your time expires. Madam Chair and Planning Commissioners, there are six speakers registered for today's public hearing during the regular agenda for Items 24 and 25. Those who have registered 1 with staff to speak on the agenda item will be called in the order in which they registered. Speakers will have up to three minutes to make their comments or 10 minutes if representing a group. If the speaker does not respond or if a technical issue occurs,which renders the comments unintelligible,the next registered speaker will be called upon. Following each speaker's comments, the Planning Commission will be asked if there are any questions of the speaker,and if so,please indicate Yes, by raising your virtual hand. Speakers please mute any additional devices you have in the room to avoid any unnecessary background noise and or the possibility of echoing and reverberation. Please, note that once your name is called you should wait three seconds to ensure the Planning Commission hears your complete remarks. Please begin your comments by identifying yourself. Also, do not ask "can you hear me" as only one feed is open at a time to minimize the echo reverberation, and as such, you will be unable to hear a response. Once public comment is complete, the floor will be open for Planning Commission discussion and ultimate vote. At the conclusion of the public hearing, the chair will adjourn the public hearing. Please note that the actions taken by the Commission today are in the form of a recommendation to the Virginia Beach City Council. The final decision to approve or disapprove an application will be made by the City Council. The Commission thanks you for your attendance and we hope that the experience here today leaves you feeling that you have been heard and treated fairly. Madam Chair and members of the Planning Commission, are there any questions about the process? Or does the Planning Director have additional comments? If so, please raise your virtual hand to be recognized. I will note that Mr. Redmond has now joined the group. Also, I would like to remind the Planning Commissioners to unmute their cameras, if they wish to be saying. Say no more hands raised,we will now move on to the Agenda. Madam Chair, there are no items requesting to withdraw. So, we will move on to the two applications requesting to be deferred. Agenda Items six and twelve. The first application is Agenda Item six, the application of a Truce Lee Richard Jr., trustee of the Truce Lee Richard Jr. revocable living trust for a subdivision variants to Section 4.4-A of the subdivision regulations for the property located at 2968,Holland Road, Princess Anne District. The applicants representative, Mr. Eddie Bourdon has signed up to speak, Mr. Bourdon the floor is now yours. Please pause for three seconds before speaking. Ms. 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. Statements by the applicant or applicant's representative followed by questions by the Planning Commission of the applicant or staff. Statements by any registered speakers followed by questions by the Planning Commission of the speaker or staff. Rebuttal by the applicant or applicant's representative followed 2 by questions by the Planning Commission if desired of the applicant or staff and deliberation of the application by the Planning Commission with a motion followed by a vote. There are six items on the Regular Agenda items 9, 22, 23, 24, 25 and 30. Agenda Item nine,You Are Not Alone, LLC for conditional use permit requests for Short Term Rental at 207, 79th Street Unit-C in the Lynnhaven district. The applicant is Michael Hunt. Mr. Hunt 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. Hunt you have the floor. Thank you. Mr.Landfair: Agenda Items 24 and 25 La Paz, LLC for conditional use permit request for Short Term Rental at 2565, Shore Drive, Units A and B in the Lynnhaven District. The applicant's representative is Chris wood. Mr. Wood is the applicant for presented 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. Wood you have the floor. Thank you. Mr. Wood: Thank you, Mr. Landfair. I apologize when you tried to ask for the other speakers they were not going to speak but I had no way on the last one to tell you that. The same thing is going to happen here. I do not believe any of those people will speak just so you are aware. So, my name again is Chris Wood. I represent an property at 2565, Shore Drive. The property is more than 50 years old, the city thinks it was built in 1965 and I believe it was built before that. And as in the big issue here is the traffic as you all know, in fact, the entire reason I purchased this property was because there was a huge visibility issue and turning out a cape in the shores on to Shore Drive. When I bought it,cars were actually sticking out on your Shore Drive. Since I purchased the property 10 years ago,I made a lot of efforts I rented a bobcat and removed about five foot in the front yard. So now cars can pull up closer to the house and further from Shore Drive. I actually took out as much dirt as they could without jeopardizing the foundation and the structure. Again, let me thank Will Miller, he has been instrumental in helping and he has worked with Todd Solomon of Shore Drive, and Jill Abalone of Cape Henry Shores, and myself to help design the best parking to the extent possible. I have lived in the neighborhood for 22 years. I currently live five houses down from the property. I have been in the property management business for more than 30 years and my wife is a real estate agent also with Atkinson Real Estate, so she has got experience as well. I have reached out to all my neighbors, my neighbors all had my cell phone number. I am available 24/7. I have spoken with the immediate neighbors, and with Cape Story Civic League. And as you all know, I have letters of support from several neighbors including the two of them immediately across the street. I believe this is 3 an excellent location for Short Term Rental, as there are only two immediate neighbors. And this is not "in the neighborhood" it is on the outside of the neighborhood while on Shore Drive adjacent to First Landing State Park. I agree with the conditions and the change in the parking plan. We are going to do the best we can to make it safe. And we have also requested the city to do a line of sight study from I guess it will be east of this property from Kindle to see if there are some improvements that the city can do along as well. So, that is my presentation. I am happy to answer any questions. Mr. Landfair: 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 planning Commissioner Redmond. Commissioner Redmond your mic is open for comment. Mr. Redmond:Well, I guess it really isn't for Mr. Wood. I am just curious if that satisfies the neighbors concerns about this building? Mr. Wood: I guess so. Mr. Landfair: Are there any more questions of the applicant at this time by the Commission? Mr. Tajan: If we can get staff online. Mr. Miller. Will Miller, if you are on and you had discussed with those had concerns and has showed them this most recent parking layout, if you could put it for the record your discussion. Mr. Miller: Thank you, Mr. Tajan. Yes, I got an email from the Cape Henry Shores Civic League President that based on the revised plan, which the only copy of it is what you see there in the PowerPoint, because this all happened late, late yesterday and early this morning. As long as no one, there is no parking in that first nine or 10 feet from the right of way line and there is a an area of planting,where you see that little star in the lower left that is very clear for these rental tenants not to park in that area, or possibly even unable to park again with a raised bed, making it even more challenging for someone to try to drive up and over it. They would be okay with this scheme as you see it. Mr. Solomon,he I think is registered to speak today and he had some questions for Ric Lowman, our City Engineer who has contacted me during this hearing and is prepared to speak on those, I am not as sure about Mr. Solomon, but I am positive about the Cape Henry Shores civically based on this scheme as you see it. So, I am not sure if we need to modify any conditions or add something today to make this a part of the recommended approval. Thank you for your time. Mr. Landfair: Thank you. Are there any more questions for the applicant at this time by the Commission? Staff acknowledges the virtual hand raised by planning Commissioner Wall. Commissioner wall your mic is open for comment. 4 Mr. Wall: I have done for the applicant. Now, it was just for general discussions. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by planning Commissioner Inman. Commissioner Inman, your mic is open for comment. Mr. Inman: Thank you, Bill. My concern is what is going to go on in the front part of the property in terms of parking. I see this one space there and not having physically seen the property, I am understanding there is some sort of landscaping mound on the corner then apparently there is a paved area the rest of its paved appears space it is a question I guess I have got is it paved? If it is, I think I would like to see some no parking signs be required as those vehicles could come in and park straight on and block the view of people coming out of Kendall Street, that is all I got. Mr. Tajan: It is generalize we try to get the photographs on the on the screen. As you can see, the site is currently under construction. Marchelle, I am sorry, can you go back or Bill see the next photo, the site is currently under construction. They are working on proving the duplex in accordance with the approval from City Council. And based on the parking plan that is here it is noted that there will be a raised planter bed to prohibit parking in that front area which was an area of concern and only allow for the one parking space is typical for the rental of these Short Term Rentals. On certain websites, you do lot of times have to help and show folks where to park and these would be under what he would need to do for his rental agreements if this were to be approved. Mr. Landfair: Staff acknowledges the virtual hand raised by Planning Commissioner Inman. Commissioner Inman, your mic is open for comment. Mr. Inman: The area I was concerned about looking at the picture on the screen is area that is not designated as a parking space, but the other area where a car could pull in it is about 20 feet of distance between current front of the house if that is what the green is and the right away. And I am concerned about vehicles parking in there visiting people, whoever. And that is why I was suggesting that the applicant might be required to have no parking signs posted, so the only parking could occur in that one spot. Mr. Landfair: Planning Director Tajan. Mr. Tajan: Mr. Wood will direct the question to you, do you be willing to accept the condition that will require you to put no parking signs on that portion of the driveway area? Mr. Wood: I have no problem with that,but I guess what we need you all need to realize is that this has been a problem for 50 plus years, I have made it infinitely better than it was. No parking sign or not,with the traffic travelling there in well in excess of 50 5 miles an hour, sometimes in the 35. There will be a time where you know, you are kind of winding up there,I am happy to put up an aesthetically pleasing new parking sign. I mean, this is at the front of the property, so I would want it to be aesthetic, but at the end of the day, this is better than what is there. But I cannot promise you that no one's ever going to park there just because you have got short drive there and it is going to be difficult to park there because this apron that is shown here is what is required by Ric Lowman,Wanda City. And,so it is very tight,it is infinitely better because before you can have five or six cars perpendicular to this all backing out in a short drive. So, this is by no means perfect, but it is a lot better than it has been for 50 years. All that said, I have no problem putting a nice aesthetic small new parking sign low on the on the retaining wall. I just do not want to sign right in front of the rental, you know that that looks, inappropriate. I hope that answers the question. Mr. Landfair: See no more questions from the Planning Commission. We do have three speakers signed up to comment. The first speaker is Todd Solomon. I am sorry, the first speaker is John Keenan, followed by Todd Solomon. Please identify yourself for the record and pause three seconds before speaking. Thank you. Mr. Keenan: Yes, my name is John Keenan. Again, I agree with Mr. Wood. This property is 70 years old and the owner has dramatically improved the property. Like he is commented the parking situation is much better than it was the last 50 years prior to owning the bill and buying the property, or as our cars parked on Shore Drive blocking the view of motorists. You know,the owner who lives seven houses away and is available by the seller 24/7. He has been a professional property manager for more than 30 years. It is a great location for Short Term Rentals as it is next to the State Park, not on a neighborhood street and across from the Bay. This will support older families of campers in First Landing will find it difficult to camp with younger families. That is why I am supportive his requests for Short Term Rental. Mr. Landfair: Are there any questions of Mr. Keenan by the Planning Commission? If so,please raise your virtual hand. The next speaker is Todd Solomon. Please note that you have three minutes to speak. Please identify yourself for the record and pause three seconds before speaking. Thank you. Mr. Solomon: Good afternoon, Madam Chair and Commission Members. My name is Todd Solomon president of the Cape Story by the Sea,also the current president of Shore Drive Community Coalition. Shore Drive Community Coalition has been in existence for over 20 years. One of our standing positions for the coalition is to make and keep Shore Drive as safe as possible for motorists, pedestrians and cyclists. We do not have an issue with making this a Short Term Rental as I have noted in the email comments to you, our main issue is the visibility and we 6 understand it came with the property it has been like that forever it has been documented by Cape Henry Shores multiple times and requests to have a stoplight put there too, so it is unfortunate that Mr. Wood has that property and that issue with it. He has made it better that is correct. And it looks like it could get even slightly bit better. I know this thing, it is a moving target as of yesterday. It started with three cars parked out front I think and the two cars, now it is down to one car and that was done like around five o'clock yesterday. So my next question would be it is okay to keep moving the cars everything in the back and stacking them,why not make it perfect now and move that one car that is out front, into the back. Also, have all the cars parked in the back, landscape the whole front and that visibility out there with how to put a sign that says do not park on the grass or whatever. Maybe that could happen too,but at one point, all three of those cars were upfront now in the back. Once again, I am having a line of sight study done. We are shooting it in the dark here to try and explain where the best spot for that property would be and I agree with Mr. Commissioner Inman that as cars would be parked vertically there if you are having a party or you have extra people come in to visit, they could be parked in their perpendicular short drive which would just counteract that whole parallel aspect of parking spot number one. So you know, let us make it perfect, we have the ability to do this. Make it a Short Term Rental with all six car parking spots in the back and no parking upfront. And if it could be done with a line of sight study I think it is still going to need a line study done. And I would hope that engineer Lowman would provide that. I am surprised it has not been done already,the fact that there is multiple accidents all happening there often that would have been one of the first things I think should have been done. So out for, again, you do not have an issue for using Short Term Rental,but it is possible. Mr. Landfair: Are there any questions for Mr. Solomon by the Planning Commission? If so, please raise your virtual hand. The last speaker is David Williams note that you have three minutes to speak. Please identify yourself for the record and pause three seconds before speaking. Thank you. Mr. Williams: Good afternoon, everybody. My name is David Williams I hope you can hear me all right. I am a resident of Cape Henry shores and the past president of Shore Drive Community Coalition. I support Todd in his statements, he has been there a long time. Shore Drive Community Coalition has consistently tried to improve the safety along Shore Drive. As a resident of Cape Henry Shores, I have seen very dangerous situations occur because of obstruction in the line of sight vision when you stop at the stop line on Kindle as you try to exit off Kindle onto Shore Drive. There is a problem along this section of Shore Drive with speeders. It was not resolved by lowering the speed limit from 45 to 35, and it continues. Back in 2007, we tried to get a traffic light and we tried to find out our residents were saying to 7 us that they are having problems. We had one resident that had two traffic accidents trying to get out. We were trying to determine what the problem was. The problem was with line of sight as you look West, that eastbound traffic is hidden by any obstructions from your view. When they are coming at you at 35, 45 or 50 miles an hour, you have very little leeway, very little margin of error, an inexperienced driver or somebody that is not experienced enough to judge that well enough to be in a very perilous position. I am not opposed to this being a Short Term Rental. But I think before this is a Short Term Rental and the parking plan is approved. The city really needs to do an official line of sight survey from the whole position on Kendall looking west. Only from that can we see whether it makes a federal highway standards right as of now is my estimate as a layman if this does not make Federal Highway standards for 35, 45 or 50 miles an hour as these vehicles are coming at you. I would like to see a line of sight an official line of sight survey being done before this is approved. Thank you very much and thank you for your time. Mr. Landfair: Are there any questions of Mr.Williams by the Planning Commission? If so,please raise your virtual hand. Say none. You have the floor. I'm sorry. Planning Director Tajan. Mr. Tajan: Yes, thank you, Bill. I believe we have Ric Lowman that is also online. If you would like to comment, I know he is prepped to answer any questions, but Ric, I will hand it over to you there been a lot of discussion about potential studies that need to be done and compliance. So, if you can take a moment,please. Mr. Lowman: Hey, good afternoon this is Ric Lowman Public Works Traffic Engineering and I have been listening to this and I did get Mr. Solomon's email last night with some of the questions on it regarding Kendall Street in Shore Drive intersection. I am prepared to give you information regarding all four of his questions, but really the only one that plays into what we are considering right now,which is the Short Term Rental of Mr. Woods property, the only question that, you know, really I need to answer is, as shown with the parking plan as shown, the one parked car there will not interfere with the line of sight coming from Kendall Street, you know, looking west. You know, with that area being a green space, a low level green space that the drivers eyes about three and a half feet, so as long as we are, you know, less than three feet, we are in good shape if no cars parked in that green area. So, I could say without a doubt that you know that your sight distance is not impeded by car parking space number one. I did take a look at that this morning. You know, some of the other things I could answer to Mr. Solomon and Mr. Williams, directly with them. But as far as the Short Term Rental goes, you know, if cars are parked per this plan, then site won't be impeded. If you would like me to answers, I can. 8 Mr. Tajan: Thank you, Ric. I think that is what the Commission needed to have answered for them. .Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Alcaraz. Commissioner Alcaraz your mic is open for comment. Mr. Alcaraz: Thanks,Ric. Thanks for answering. I do have one question on like a traffic control parking plan. Are you okay with that 12 foot with the backup on the cars in the back is that sufficient? Mr. Lowman: Can you put the plan back up. The 12 foot wide driveway going to the back, that is sufficient for a single family or a duplex. It is really a private issue, so traffic engineer really does not have much to say regarding the onsite circular circulation, except for the,you know, for the area there in the front,we would comment on that circulation but with five cars parked in the back, I mean, they are going to have to maneuver themselves in and out if you actually do have five cars in there. But that is not something that traffic engineering generally comments on but a 12 foot driveway with you know, leaving back there is nothing substandard we have seen smaller ones in that. As far as the apron goes, you know, we worked on that apron Monday and Tuesday to get it to work and make it look as much like a standard, you know, Public Works entrance, residential or commercial that you would find on arterial roadway with a speed of 35 miles an hour or higher. So, the entrance I am good with in the driveway to the back that is not really my issue per se. Mr. Landfair: Staff acknowledges director. Mr. Tajan: Mr. Alcaraz, Zoning and Planning staff has reviewed that parking layout and is comfortable with the ability to have essentially called the Hammerhead where they can back out into that area. We can put the parking plan back up please. There is an area where they are able to back up and then turn and so staff is comfortable with that they can maneuver this although tight, they can maneuver this with the distances and as it is shown Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Commissioner Inman your mic is open for comment. Mr. Inman: I would like to talk to Ric Lowman about the suggestion I made about prohibiting parking in the area in front of the residents that is now shown as grey concrete it that is what going to be so that you could not get cars parked perpendicular to Shore Drive and with that assist and keeping the fuel on clear. Mr. Landfair: Ric, would you like to respond, please? 9 Mr. Lowman: Yes. So because this is a, I guess you could put conditions on this, you can always put a condition that says,okay,yeah,no parking was allowed in that area. However, the enforceability of that, from a public point of view, meaning the police or you know, whatever sign you put up would be nothing more than a private recommendation or I mean, it could be a condition of the approval of this that be enforced by zoning or whoever is going to, you know, operate the renewal these of these permits, but as far as an official no parking sign, there will be no grounds to enforce and no parking sign on private property. So, you know, the police could not come and tell anybody, it would just be something that you can put as a condition that says basically, if there is, you know, if there is a problem there and people are starting to park like that, that you could renew it, you get a you know, or you could pull that permit before that. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by planning Commissioner Inman. Commissioner Inman, your mic is open for comment. Mr. Inman: Well, having heard that, I think that even if you put it in the category of detouring from parking, it would be helpful. And apparently it could also, if it's part of our conditions that it be there and neighbors, other people or drivers who are finding that there are cars violating that parking prohibition that causing a problem with visibility, then that could be enforced through zoning. So it seems like it's this visibility thing is a big problem, we should do everything we can, I think to try to prohibited it or impede it. So I would suggest a condition that no parking signs be posted. And the staff designed those signs and in harmony with what the property owner would like to have in terms of aesthetics, making sure that it is very clear and visible, that is it. Mr. Landfair: Thank you. There are no more speakers Madam Chair. You have the floor Ms. Oliver for Planning Commission discussion or to entertain a motion. Ms. Oliver: Thank you, Bill. So I am going to open the floor for discussion by the Planning Commission or entertain a motion at this time. Please raise your hand if you have a comment or motion and the staff will open up your microphone. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman your mic is open for comment. Mr. Inman: I would move for approval of the application with the conditions as stated and the additional condition that there will be no parking signs more than one in the area in front of the residence in a location and design approved by the staff. Mr. Landfair: Madam Chair, staff opens the mic for you to call for a second. 10 Ms. Oliver: May I have a second please? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond your mic is open for comment. Mr. Redmond:Yeah. So, what is more than one mean Mike? I mean, there is one parking space we are concerned about the front. I do not understand what are you talking? Can you be more specific about what it is you are asking? Mr. Tajan: Mr. Inman. Mr. Landfair: Mr. Inman. Mr. Inman: I am trying to leave it to the staff and the applicant to work together, that they are not be just one sign but I would think that we would need at least two of located on the front. Staff might think it needs to be three, I do not know but more than one, it is up to them. It is up to the staff and the applicant work out the number of sides. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Weiner your mic is open for comment. Mr. Weiner: I would like to ask Mr. Wood his thought. I know he mentioned something about a new parking sign there,but being that Mr. Lowman said that there is just only one car there they would not mess the line of sight up but I would like to ask Mr. Wood if he is still on or not what his thoughts are again on that. Ms. Wilson: Kay Wilson, You all have a motion that is hanging. There needs to be a second on this motion before we can have discussion. Mr. Landfair: Staff acknowledges the hand raised by Commissioner Oliver. Ms. Wilson: Somebody just second it. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond your mic is open for comment. Mr. Redmond:No I am not going to make a second so I will just move on. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Weiner your mic is open for comment. Mr. Weiner: I do not want to wait a second on this because I am not sure how I want to see this go so I could, can I make another motion to just approve as is the application as is till we talk to Mr. Wood. Ms. Wilson: Make that substitute motion now I need a second for the substitute. 11 Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Alcaraz your mic is open for comment. Mr. Alcaraz: I second the substitute motion for Mr. Wiener. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman your mic is open for comment. Mr. Inman: I don't know what the substitute motion is. But I do want to make it clear that we have a plan that shows a parking space, which is fine. And Mr. Lowman says that is fine, that is parallel to Shore Drive up against the house. I am trying to address the prohibition of parking of random cars pulling in perpendicular to Shore Drive or any other way, sideways whatever, in that area that might obstruct the view of drivers coming out of Kendall Street. It just does not seem like a no brainer to me. I do not understand why it's causing a problem. So I would be willing to change my motion to say two signs as opposed to leaving it open that seems to be disturbing to anyone. Mr. Landfair: Staff acknowledges. Mr. Tajan: At this time we currently have a motion on the floor to approve as submitted, including provide parking layout provided today at the briefing. I believe you have a comment for Mr. Wood or potential for any of those that motion second if they would consider adding a condition to prohibit parking in the front in some manner. I don't know if we want to have Mr. Wood come back on to address Mr. Inman's comments. Mr. Wood Are you available? Mr. Wood: Yes. I am sorry I have been trying to, is there any feature some way that you could have the applicant raise his hand or something but this conversation has been going on and I have not even had a chance to respond. I do not want to make this new parking signs. The layout on this is infinitely better than it is today. I mean much safer than it is today. This whole thing is a lot safer than it than it is today. I do not want to get into a policing issue with trying to deal with people who seen the no parking sign and worrying about all this. I wish I could take you all out there because the turn is so incredibly sharp, you get to the back because there is telephone pole and everything else that you cannot park there anyway and cannot see it from this picture. I do not think that we need a no parking sign and I do not have a problem if someone was to meet me other there and we can look at it, but I do not make that a condition because number I do not think it is needed and number two, I do not think there's no way to that you can have a no parking sign. You would have to have the sign that this is no parking, you know, eight feet direction and six foot four inches. I mean it is just kind of meaningless and if you look, I have got a cut that wall that is a great picture I cut that site back five feet to provide 12 more,you know,room off a Shore Drive and the only place to put it will be low on that retaining wall. I absolutely do not want to be post in the middle of the house and this is older picture actually, but you know, it is only place to put it on that lower retaining wall and I just do not see the point of it. I am happy to meet somebody out there but I definitely do not wanted to be in condition of this because again everything I have done here makes it way better and it is currently in way better than last 50 years. So, I think what I have done is certainly better than anybody else has done in 50 years. So, that is my thought on the no parking sign. Mr. Landfair: Staff acknowledges the hand of Commissioner Oliver. Ms. Oliver: Thank you. Mr. Wood, I know this property well and I have written by hundreds and hundreds of times and what Mr. Wood has done to improve it is much, much better than the parking condition it was previously. I think it is a huge improvement for Kendall Street and for Shore Drive, and I just do not really have an issue with this at all. I think had he not done any of this, it would continue to be a problem for the neighborhood as they exit that street. So I think it is a great improvement as far as the sight line goes with this piece of property. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond your mic is open for comment. Mr. Redmond:Yeah, I just want to say at any given time. Ric Lowman is one of the smartest guys in the room and I do not know a better way to come up with judgments on the issues that we are debating than what he says, I certainly trust his judgment better than I trust my own about something like that I am very comfortable that if he says he is comfortable with it. Then I am too and I hope we can get to a vote here quickly. Thank you. Mr. Landfair: Alright. We have a substitute motion to approve the application, made by Commissioner Wiener and seconded by Commissioner Alcaraz. Are any planning commissioners abstaining from the vote? 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. Inman. 13 Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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 a recorded vote of eight, for and zero against Agenda Items 24 and 25 are hereby recommended for approval by the Planning Commission, thank you. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 14 1. The following conditions shall only apply to the dwelling units addressed as 2565 Shore Drive (A 8a B) and the Short Term Rental use shall only occur in the principal structure. Evaluation 86 Recommendation Recommended Conditions 1 2 LA PAZ, INC. Agenda Items 24 86 25 Page 5 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. An entryway drive apron placed to meet all applicable code requirements must be created as shown on the parking plan illustration within the "Site Layout and Parking Plan" section of the Staff report unless this requirement is waived or modified by the Director of the Department of Planning and Community Development or his designee. 4. The area noted as "Existing and proposed turf and plantings" on the "Site Layout and Parking Plan" section of the Staff report shall be planted in accordance with a detailed planting schedule plan. Such plan shall be submitted to the Zoning Administrator for review within 30-days of any favourable City Council action relating to this Conditional Use Permit Request. The plantings and turf shall be installed within 60-days of the Zoning Administrator's approval of the submitted planting schedule plan. 5. All City Council approved conditions listed in the 2012 expansion to a non- conforming use request must be met prior to any Short Term Rentals occurring on the property. 6. 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. 7. 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). 15 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 13. Accessory structures shall not be used or occupied as Short Term Rental. LA PAZ, INC. 14. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 15. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration 16 and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 19. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 17 i5S �______ Street ' ._._---___��-= \, 23rd -\--�-—A-12 ____---\______, \ \' . r S------- \ ry sa ,, \ • !,___ _ —A-3'6 $ i ..... v: \-- \ \—\ \TX-\-----\\ A3. \ \-,, .\,, \\_______,______\ RT-4 ' V ---- — RT-4 ,,� - R�S,� �� i 1 � •,/ a,� Street r 22nd H 4/0,/jA• \\\ , __ ,\\ \ Street.. \_.---- �_ 0 � — __ 220d Ha" i, A �` \OR OR co r4, Site a / f Property_Polygons Ocean Rental Properties, LLC V.i\ 2216 Baltic Avenue, Unit B Zoning Parking Lot Drive Aisle Feet Building 0 510 20 30 40 50 60 , ,.,. -, r,,s,�"� y` A.- . o ..j .....) (� _ 'zi S'� i z. „ . „.,::: CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: OCEAN RENTAL PROPERTIES, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2216 Baltic Avenue, Unit B (GPIN 24179897290002). COUNCIL DISTRICT— BEACH MEETING DATE: August 4, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a four-bedroom single-family home in the resort area of the city. The 7,150 square foot parcel is zoned RT-4 Resort Tourist District and contains two single-family dwellings. Only Unit B is the subject of this request. The maximum occupancy of guests permitted in the four-bedroom home after 11:00 p.m. is twelve. The minimum number of parking spaces required for this use is one per bedroom, or four spaces in this instance. • Considerations: The site is located in close proximity to the public beaches of the Atlantic Ocean and in an area where Short Term Rentals are common and expected. The submitted parking plan depicts that all four required parking spaces are accommodated on site. Three of the spaces are located in a gravel parking area accessed from Baltic Avenue. The fourth space is accessible from 22 1/2 Street. The property is located within the boundary of the Residential Parking Permit Program (RPPP). As such, a condition is recommended that would limit the unit to two residential passes and guest and temporary passes will not be permitted while the Conditional Use Permit is active. Staff believes and the Planning Commission concurs that all other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Staff received two phone calls from neighboring property owners expressing concerns about the inherent nature of the Short Term Rental use and how it could negatively impact residential character of the neighborhood. There were no speakers at the Planning Commission public hearing. • Recommendations: On May 27, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. Ocean Rental Properties, LLC Page 2 of 3 1. The following conditions shall only apply to the dwelling units addressed as 2216 Baltic Avenue, 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 Council. 3. The existing deck will be truncated in accordance with the parking plan to facilitate access via the driveway from Baltic Avenue. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Ocean Rental Properties, LLC Page 3of3 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.AII refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rental. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (,2 City Manager: 14 Applicant & Property Owner: Ocean Rental Properties, LLClkilB Agenda Items Public Hearing: May 27, 2020 City Council Election District: Beach Virginia Beach 24 Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval • //A Staff Planner ,,� r Bill Landfair �� 0 Location . � 110 2216 Baltic Avenue, Unit B7 0,0,,AsitiGPIN 'M�' 24179897290002Prellik 01111 Site Size 7,150 square feet ' • smalS WIWI 11Ml.w-- \ Existing Land Use and Zoning District , Single-family dwelling/ RT-4 Resort Tourist Surrounding Land Uses and Zoning Districts North 23rd Street _ ,; • i"'``' \.3 Single-family dwelling/ R-5S Residential ,_ , ' , South _. ' 22 %: Street (alley) ,.; — `i �` Single-family dwelling/OR Oceanfront Resort w J ' East - °" 1 Baltic Avenue - r 2 Single-family dwelling/A-12 Apartment4 `f_ West - t ' Single-family dwelling/ R-5D Residential a *44'! o•`•``1. _ .� , �, ♦ \:i'/ � t v,. --.v.. _aI y ' c .:, i t writ - Ocean Rental Properties, LLC Agenda Item 24 Page 1 Background & Summary of Proposal Site Conditions and History • The 7,150 square foot parcel, zoned RT-4 Resort Tourist District, is located at the oceanfront and contains two single-family dwellings. • The applicant originally submitted Short Term Rental Conditional Use Permit applications for both homes, Units A and B, which were constructed in 2007 and 1953 respectively. At the Planning Commission hearing on March 11, 2020, the applicant requested a deferral of the applications to clarify the record with respect to their intent for the applications. Subsequently, the applicant has decided to withdraw the application for Unit A and revise the application for Unit B only. • Staff inspected the site on January 10, 2020 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program 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 past code violations or City Council actions for the property. Short Term Rentals in the Vicinity t� t S�J 1�~ 1 y�t , ,----------\ .. 'tbb ee s;\. :- _ fee aee Dg ___-------- -\211,, art 1 A._ 1,_ 0 Ti\---q1;3\„,\:_--v.\--\--:1),,,_ -I St . let s ,.;., __ ,le : li p--- \II, ,_ �� to, ••V'' nd ` 1 l \ % djØ 3 -` 3 T tcee Si��- \ _ , _ 1 _`�� s t�,�, 1 t +mot `D t i!.t �T�11s,t tees STATUS - 11 i r \, rl ,_ _, . Approved \ t �� 0 1 1 � Denied �.., 1 1 7 t i1 .5 lV .Sck " C) Under Review T� LL 1 \ 1 4 _ 4 O Registered ){_ 1 - ig)th.(� ��ak--- r Summary of Proposal The applicant is proposing a four-bedroom Short Term Rental at 2216 Baltic Avenue, 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. Ocean Rental Properties, LLC Agenda Item 24 Page 2 • Number of bedrooms in the Short Term Rental: 4 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 12 • Number of parking spaces required (1 space per bedroom required): 4 • Number of parking spaces provided: 4, with truncation of existing deck as shown on parking plan per condition of approval `60 tiR4r- moo Q nc-A Zoning History lAte' • D # Request OVA o 1 CRZ(A-12 Apartment District to Conditional RT-3 Resort t^— R / Tourist District)Approved 12/9/2008 OR 3 n^ewoos• SSR \l9 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 to operate a four-bedroom Short Term Rental within a single-family dwelling on one parcel, identified as Unit B. There are four on-site parking spaces dedicated for the use, three easily accessible from the driveway off Baltic Avenue with the truncation of the existing deck, and the fourth accessible from 22 1/2 Street, thereby satisfying the parking requirement. The property is within the boundary of the Residential Parking Permit Program, so while the Conditional Use Permit is active, parking passes issued for the dwelling units through the RPPP will be limited to two for the residents of each dwelling, and guest permits associated with the Short Term Rental and temporary permits will not be permitted. 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. Staff has heard from two neighboring property owners who expressed concerns about the inherent nature of the Short Term Rental use. Based on the considerations above, Staff recommends approval of these requests with the conditions listed below. Ocean Rental Properties, LLC Agenda Item 24 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 2216 Baltic Avenue, 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 Council. 3. The existing deck will be truncated in accordance with the parking plan to facilitate access via the driveway from Baltic Avenue. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP)shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. Ocean Rental Properties, LLC Agenda Item 24 Page 4 13. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • 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 19, 2020 and July 26, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 2020 Ocean Rental Properties, LLC Agenda Item 24 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 31, 2020. Ocean Rental Properties, LLC Agenda Item 24 Page 6 Site Layout & Parking Plan 231g STREET _ eo 1-(ma55,00' Ah 4478.1041/4 N 7672'n5'E �1 • # I k i • • • N 1 . • • • . . • • . 11 ail III 1 UNIT A - �.. 1 �~ a WITHDRAWN . • • • 1 It: ' o Nb H `'N7�wokE 1RO9".4 R _ t c o y). U • • • N ISs71 w lift.1�', 8 aM� aan It it`n�m _N 7d_12'0d.f�00 1•/ •`7.� . E �C¢ �� d CORNER OF DECK cl a 1 ,:��/ l TRUNCATED A j i� r AO 1 riroi, 1 . I UNIT B 1 PROPOSED Ir 1 4-BEDROOM L . $ 1 i' / STR 111$ . 1 .—_-___,)40' P 1 i , Ar , A #.0 At 44747168* t 11,12,219,91 door yt 55.E S 78'12'�� # 221 STREET _�_ � - - _r _` (N.a 5. P. WO/ Ocean Rental Properties, LLC Agenda Item 24 Page 7 Site Photos .; ... ...__ _. , ......----- _--- ,. 4 -141100illik' ---7-- *'----- 4—___,, --2-='2--z.- ------ : 4 . .. i • „: 11 ri , ----_-- _..._ __ _ .. _ __....._ . w. . 1 1 1-1 - ii 1 I - =, - . .. .. r ... 1 • -7'-'-'-"1-- -- -:-.,. . r-wo""''''' ' - - ' 4''tt :1. -•• i. . , ..• 4-- t -ii. -tt ulkiA,- .".•-;:::.i?.;74,3-?.1-?,,,:,- - • , — --,: :. .. ... ,// - - /// 1 • •' A i ' •I 0 •.". ..u. )Ap.-....„-....,. ilktoi.-:,, ,K•- A IN ., i I, -,..,,,..., 1' ',IMII '' '-*, 7 .-- -- - ili I Ig,......-- •-. • ',..,. . '7.0A-''-:. 1 -,... ';' .- --7--,-- , -e ..... , 1•1 , • , . ... , ,,--t--- —---"--- , ' S' '/' -- ' •i e‘-t-ii lk . . --.. •I /, •.' '.•° 4S, ` • - .P. ' '' '-".''"":11::-3 1 I I at ' .:oli M.. ...1.:',76.--i 'i•St•' . ---- -fok . --,,.... . -_, i . . . . .. -- -'--,- i /.- .... - - sr .• .'ti0.< N, '46414° '.•.. -- 1(#.1;41, , . - - _ ..,..) 41Ir q 74 ' . - • - • I, -')I— ''t x ••--floor'., ' . . . . ._ .. .. 2,1•:ige -',-.- -:-.,.:,;.!!". .,. ":47:....f;-:..V.t.-;.Z•-;..,•,,-.,_ :'t.7767'N4.-i.:4'''.:-,--i'f':,..-- --.-.r."--,•,-:!':- .:• .: 1,-7: -:--f ..--',-•:",,!-,.,..i.-)-.-',-:-.,=:7;._-,-.7;:,-s.--4, '•.?;_,!------74•!:•,:'_-.;,-7.•_•-'14-- Ocean Rental Properties, LLC Agenda Item 24 Page 8 Disclosure Statement NE Virginia Reach APPLICANT'S NAME Ocean Rental Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for _ (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _ Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ♦ • The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ct;v , - Weeks Page 1 of 7 O HEARING D.T, 1 0� NO CHANGES A5 OF _ /VI Ite Ott; 1,.1.L eSD$" . Q SUBMITTED Ocean Rental Properties, LLC Agenda Item 24 Page 9 Disclosure Statement 1VB Virginia Brach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. I I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Ocean Rental Properties, LLC If an LLC, list all member's names: Steven W. Bishard, Manager John K. Bishard, Manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. nCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Ocean Rental Properties, LLC Agenda Item 24 Page 10 Disclosure Statement Virtanin Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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 Ocean Rental Properties, LLC Agenda Item 24 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets(f,1 needed) nAccounting and/or preparer of I your tax return Architect/Landscape Architect/ Land Planner ® Contract Purchaser(if other than the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ I�/ purchaser of the subject property I� (identify purchaser(s)and purchaser's service providers) u ® Construction Contractors Engineers/Surveyors/Agents 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 R.Edward Bourdon,Jr.,Esquire Real Estate Brokers/ I I Agents/Realtors for current and I-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 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 Ocean Rental Properties, LLC Agenda Item 24 Page 12 Disclosure Statement Ai3 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,� _ ��' ' [ k 'r Ut-o c APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Ocean Rental Properties, LLC Agenda Item 24 Page 13 Next Step • 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. Ocean Rental Properties, LLC Agenda Item 24 Page 14 \; - \ . . %_ii-.1-e-tv..._,----. , ,, _ _r_ 10-0-13,0-:r7--------\ \ ,A1,,\10111. - --- \\ - _ of 11-1,4.---- - \ 1 '-'\-- i ;:4:-. -...'..-- \ _001:::\I S s • � •' d - -- e•• tir\:A: ' '1\14'1. ,.....0,___..; , t 1' WI • „0._ iiiii s t - -- t 10 . l �. 7,,---, -,,l______.;.-•-\'\ ' •_ - ' ---011.10. w--sedi-- 101100 ‘,., \ j: \ ____ \ _ I\ ., .----viii s,:, ____ , .___:.. ,,,,, , t^ Vo' \. ' ...• :\CI?74117P;','. - iiii\,\., \ loom ,0 �� If tip , t Sy fir \ .,.,, A.- v "' \'. 5a4+��~ ________ \._ ti -\ . , , ,i(, -141 O.- -- 10,--, .\\ 11 - 'y ,,e, __ 'f-,:_______-__ :T. -- Si k • , $1 •^•---- _ 11111.1; 1;14\ , _ ,1 ,,\ '' \.,,,, sii __--- a dik\ -0011 --- ilk Qs !PAS s ' tn\--- ''''' \\, . - 1,, . \\ . Ott, E ,,' \ \., . 3,4.e6 \ , *op\\,, ;-,i _ 0 i - 0 I- • 011111.1.. \ Mk, - ,---gili''' . '. ..______As113;,-::::_ r.: -----77-.-44." '.:e..`,,- f fa S: 't�: =� ; -- ill =- * Ik 4 i 0010 110:LI \ ___,... ' \\ ,\,......., t, . Silk Vialfily__ 1 _ - ,,,I, . , iiiaIlag . mai l i 1 : necc ci, i 1 1 a) 7 101 "401 , -�r I. ,st' Items#24 Ocean Rental Properties, LLC Conditional Use Permit(Short Term Rental) 2216 Baltic Avenue, Unit B May 27,2020 RECOMMEND FOR APPROVAL-HEARD Mr. Landfair: Agenda Item 24, Ocean Rental Properties, LLC for conditional use permit requests for Short Term Rental at 2216, Baltic Avenue, Unit-B in the Beach District. The applicant's representative is Michael Levy. Mr. levy 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. Levy you have the floor. Thank you. Mr. Levy: Yes. Good afternoon,distinguished commissioners,my name is Michael Levy with the law firm of Sykes, Bourdon, located at 4429, Bonnie Road in Virginia Beach. And I am pleased today to be able to represent the applicant Ocean Rental Properties, LLC in this application for a conditional use permit for Short Term Rental. And I will note for the record as well that I am substituting here for Mr. Bourdon who unfortunately could not join us today due to on an unfortunate personal matter that has taken him out of the office. I think I would like to use my time to just address what I understand may have been an issue that arose during your informal hearing, where I think a concern was raised about access to the property in terms of access from Baltic Avenue and parking at the property. And I wanted to make it clear that there is no additional curb cut that will be necessary from Baltic Avenue there is an existing curb cut there today. And this residence is one unit of a two unit condominium on this lot. So, it is subject to a condominium declaration that provides for a shared access easement from Baltic Avenue. And in fact, in the staff report you can see the common area is depicted on page six of the staff report. It is all the slide that is up in front of me, at least on my screen right now, as that cross hatched area that directly leads out to Baltic Avenue and the condo document,provided that that area shall not be blocked by occupants of either unit, except for any sort of temporary unloading or loading of vehicles but. So, basically I wanted to make the point that there should be no need to contact the owner of Unit-A to ask them to move a vehicle in order to be able to get in and out of the parking that is provided and shown as spaces one,two and three on that plan in front of you. All of that parking is on Unit-B it is on our clients property so on. And again, they will have free access in and out of that area. And as you can see as well the fourth space that is required is going to be accessed off of 22nd and a half street so anyway that is what I wanted to address right now and of course I am 1 here to answer any questions and addressing the other concerns that may be raised. Thank you very much. Mr. Landfair: 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 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 just want to thank Mr. Levy for bringing that up as far as it is a shared entrance. That is all I need to clear it up. Thank you. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Wiener. Planning Commissioner Weiner, your mic is open for comment, please pause three seconds to be unmuted. Mr. Weiner: I am sorry, I will think it down, does not supposed to be up Mr. Landfair: Staff acknowledges the hand raised by Commissioner Oliver. Ms. Oliver: I have a question and I do not, I guess Bill this is your application. Has the deck been modified to,has that been done. Mr. Landfair: No, not yet. But in speaking to the applicant they have indicated a willingness to do that,but it has not been done. As of the last time I was on the property. Ms. Oliver: So, am I correct to understand that in order to get the parking spaces that they need, they have to adjust, where the deck comes out is that correct? Mr. Landfair: Correct. Ms. Oliver: So, they do not have the parking right now. Is that correct? Mr. Landfair: They have parking available it is in order to accommodate two spaces behind the deck to make it work much better, you really need to truncate the deck, otherwise there would be a lot of jockeying back and forth with the spaces and we feel that it is not really a good situation. So, we feel in order for it to function better, as it should. We have asked for truncation of the deck, which I do not believe has taken place yet,but I believe it is a condition of approval for the application. Ms. Oliver: Okay. So, in order for this application to be approved that has to be taken care of. Mr. Landfair: That is correct. Ms. Oliver: And as far as we know it has not. Mr. Landfair: That is correct. 2 Ms. Oliver: Yes. Mr. Tajan: Madam Chair, it is typical for applications that if they do not need obtain the conditional use permit,they will not be required to have that extra space in the way that staff has recommended them to access it. So they already have all their required parking for their existing residential unit. Ms. Oliver: Okay. That is what was not sure of. Mr. Tajan: This is different than the previous item in the Brigadoon area, where there was an existing permit that was in violation that needed to be corrected before that commission felt comfortable with it moving forward. This item here would be a condition of approval they would have to alter the deck in order to properly access that additional parking space. They are not in violation, this is just one that if they do get approval, they will have to be that operate. Ms. Oliver: Okay, got it. Thank you. 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: I was removing my hands on that cleared it up for me that it is actually in compliant. Mr. Landfair: 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 move for approval of this application. Mr. Landfair: We actually have two speakers Mr. Inman, who would like to speak first. The first speaker is Josh Moto be followed by Patrick McCullagh. Mr. Moto speaking. Thank you. Mr. Moto: I was signed up on behalf of the applicant if we needed to have any further comment, no further comment is necessary. Thank you. Mr. Landfair: Thank you. Mr. McCullugh, you have three minutes to speak, please identify yourself for the record and pause three seconds before speaking. Thank you. You have three minutes to speak,please identify yourself for the record and pause three seconds before speaking. Thank you. Mr. McCullagh, you have three minutes to speak, please identify yourself for the record and pause three seconds before speaking. Thank you. Okay,thank you. Alright,there are more speakers, Madam Chair, you have the floor Ms. Oliver for planning commission discussion. 3 Ms. Oliver: Okay, thank you. I will open the floor for discussion by the Planning Commission or entertain a motion by one of the commissioners, so if you will, please raise your virtual hand if you have a comment or motion for city staff. Thank you. Mr. Landfair; The virtual hand raised by Commissioner Alcaraz your mic is open for comment, please pause for three seconds. Mr. Alcaraz: Mr. Landfair, I didn't hear that last speaker at all, was that an opposition. I did not hear anything that was said. And, I would like to respond after that. Mr. Landfair: Mr. Alcaraz there was a speaker signed up, Mr. McCullagh. He was not available to speak at that moment and we believe he was in opposition to the k Mr. Alcaraz: I have no problem making a motion, I just want to emphasize condition number three what Ms. Oliver brought up. So, I make a motion to approve. Mr. Landfair: Okay. Staff acknowledges the virtual hand raised by Commissioner Inman your mic is open for comment, please pause for three seconds. Mr. Inman: A second the motion to approve. Mr. Landfair: Hearing the second, a motion to approve the application has been made by Commissioner Alcaraz, seconded by Commissioner Inman. 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: Yes. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 4 Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Ms. Wall: Yes. Mr. Landfair: Mr. Weiner. Ms. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of eight, four and zero Against Item 24 is hereby recommended for approval by the Planning Commission. Mr. Landfair: Madam Chair, that was the last item on the agenda, the mic is yours. Thank you. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley ABSENT 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 2216 Baltic Avenue, 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 Council. 3. The existing deck will be truncated in accordance with the parking plan to facilitate access via the driveway from Baltic Avenue. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) 5 shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 6 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. Recommended Conditions Ocean Rental Properties, LLC Agenda Item 24 Page 5 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. 7 LI i � :th Street 1 . 1p ti "?.., ,-----___\ \ . ( \ . so R-5S �° ORca v .', \ \\ Q . e , /z'" 7 ,,,, ,7 . _„, , \ a, , , , .—____ _ _ ,.._.._- - ,/. R , . .-„.„.._-____ .. 0, OR _: 0 eet ,,' ,, Norfolk Avenue 9th Sty '. RT-3 ` RT-3 ,,, , 0 V , 1 ; OR5S CO L_— Suite ti Site Property_Folygons William J. Wright, Jr. " NW Q Zoning 909 Pacific Avenue, Unit A s 1 Parking Lot Drive Aisle Feet r Building 0 20 40 80 120 160 200 240 ,,i� cy. I ,,. 1 rJ r 't':ti CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: WILLIAM J WRIGHT JR. [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 909 Pacific Avenue, Unit A (GPIN 24272444111005). COUNCIL DISTRICT — BEACH MEETING DATE: August 4, 2020 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a two-bedroom unit located within a condominium development located at 909 Pacific Avenue. The approximately 35,000 square foot site is zoned OR Oceanfront Resort. City records note this site was developed in 1969. The maximum occupancy of guest permitted in the unit after 11:00 p.m. for a two bedroom Short Term Rental is six. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this instance. • Considerations: The site is located two blocks from the public beaches of the Atlantic Ocean, an area where Short Term Rental use is common and expected. The surrounding area is a mix of commercial uses, hotels and other multi-family developments. The unit has one dedicated parking space on site. To meet the two-parking space requirement, the applicant has purchased an annual parking pass at the 9th Street Municipal Parking Garage, which is conveniently located across the street. The applicant has submitted a receipt for this year's parking pass. As recommended in Condition 4, the applicant will be required to submit receipts/proof of availability of a second off-street parking space annually to the Zoning Administrator until the Conditional Use Permit is no longer active. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance regarding Short Term Rentals can reasonably be met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Staff received a letter of concern from another condominium owner regarding future Short-Term Rental tenants with large vehicles that may overhang the parking space and pose safety hazard for other vehicles entering and exiting the property. Condition 2 has been proposed to prohibit vehicles longer than 18-feet from parking in the parking space associated with this Short Term Rental. Furthermore, per Condition 3 the ingress/egress area along Pacific Avenue shall remain clear for vehicles to safely enter and exit the property. William J. Wright Jr. Page 2 of 4 • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 901 Pacific Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to safely enter and exit the property. 4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Proof of ability to use at least one off-street parking space at a location acceptable to the Zoning Administrator shall be provided to the Planning Department on an annual basis, as long as the Conditional Use Permit is active. 5. 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. William J. Wright Jr. 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) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing William J. Wright Jr. Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (k2.L_ City Manager: ft,ccQ AB Applicant & Property Owner: William J. Wright, Jr. Agenda Item Public Hearing:June 10, 2020 City Council Election District: Beach 14 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Ago stee` Approval ow street Beath Boute'�a L4 Staff Planner 16`hstre m ^ Jenizza Badua st,ee+-- 9 c..15lb t '1%. u CoLocation lstlr Street 9 909 Pacific Avenue, Unit A 11`^Steel 40+e r fre Norfolk Avenue 4-- 3 " str 9�, it� GPIN Si-' gts 24272444111005 go,s eet ,sue Amy nd t"e µary venue.'�f �i Y t Qeta*are A nue' .n n 6th s� Site Size --..-- �,r9,,,a Ave Y t 34,996 square feet ..----1, � - r "� -1 iw,street ,�st+ect Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North ' Duplex dwellings, commercial parkinglot/OR114P, # p g , ��1 rs ,;Y �'. Oceanfront Resort South ,L; h,�...� • :; ''4 1 . . r' • t,. 9th Street �-, R t µl -�; - ` . Municiapl parking garage/OR Oceanfront - t- 2° - Resort t *ousel' tr t e East _ - '. • • �! ' > 4 Y Retail shops/OR Oceanfront Resort •- . - _ _ �'.;," _ Pa VI West �fo/w Av ier enue _ !� Pacific Avenue � t 9tt,S - Y - ;. t D i ..r, Off-site parking lot/OR Oceanfront Resort li,,,. .., - es,icl {r P , ,U ,..r., f,i, A N' " ns t fixo . , .. ., William J. Wright,Jr. Agenda Item 14 Page 1 Background & Summary of Proposal Site Conditions and History • The 35,000 square foot parcel is zoned OR Oceanfront Resort District. • City records indicate that the multi-family condominium complex was constructed in 1969. • Staff inspected the site on March 12, 2020 to observe site conditions and take photographs for this report. • One on-site parking space is designated in the parking lot specifically for the two-bedroom unit. There is no on- street parking on this portion of Pacific Avenue. On-street parking in the immediate vicinity is metered. • On February 4, 2020, City Council approved a two-bedroom Short Term Rental for the neighboring unit, 933 Pacific Avenue, Unit B. The applicant satisfied the required parking standard by leasing a second space within the 9th Street Municipal Garage. This off-site space is available for the renters at all times and is conveniently located immediately across the street to the south. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity r fp to s,• Ko} 1 /� �7 9'R two, • III ' ,�� ..► � °111S`�' ,�� g ti �� '"N m�S 1 t IROLO.ti► w e 7t STATUS - t.. O Aped l u u' I 66 'Stte Den ed . -tiey-\ Review Under Revw��`:, �' 0 Registered *(�0 rU, Summary of Proposal 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: 2 William J. Wright,Jr. Agenda Item 14 Page 2 • Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per bedroom): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on site: 1* *A second parking space has been leased within the 9th Street Municipal Garage located across the street. k _ \ ..--,..__,_1 \ 9.,2:\„ • f- _-. OR COS' R-SS s�1, '. '� C: ,,'� Zoning History [ r�` ( j/ ', oR # Request _jA- _ �� 1 STC(Closure of unimproved ROW)Approved 12/4/2004 -- - NO�o1kq%nu. 9 S`ro�� - 2 CUP(Short Term Rental)Approved 02/4/2020 ' _ _ RTa 11 `., ` S r- �' .. li ?�. s` q�5 OR 1 - S�AIt pr� � s i s� `, \' Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The applicant is requesting to operate a Short Term Rental in a two-bedroom unit within a condominium development located at 909 Pacific Avenue, Unit A.The unit has one designated parking space on site.To satisfy the second parking space requirement,applicant has purchased an annual parking pass at the 9th Street Municipal Parking Garage,which is conveniently located directly across the street.The applicant has submitted a receipt for this year's parking pass.As recommended below in Condition 4,the applicant will be required to submit receipts/proof of availability of a second off-street parking space annually to the Zoning Administrator until the Conditional Use Permit is no longer active. A letter of concern has been received from a neighboring property owner regarding future Short-Term Rental tenants with vehicles longer than 18-feet overhanging the parking spaces, posing safety hazard for other vehicles entering and exiting the property and blocking the entry way.Therefore, as recommended below in Condition 2, no vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. Furthermore, per Condition 3,the ingress/egress area along Pacific Avenue shall remain clear for vehicles to safely enter and exit the property. No letters of opposition or support have been received. Furthermore, 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. William J. Wright,Jr. Agenda Item 14 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 909 Pacific Avenue, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to safely enter and exit the property. 4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Proof of ability to use at least one off-street parking space at a location acceptable to the Zoning Administrator shall be provided to the Planning Department on an annual basis as long as the Conditional Use Permit is active. 5. 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the 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. 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. William J.Wright,Jr. Agenda Item 14 Page 4 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) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three(3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors(which may be wireless),a fire extinguisher and,where natural gas or propane is present,carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant obtained a signature from the condominium association manager. • One letter of concern was received. • As required by the Zoning Ordinance,the public notice signs were placed on the property on or before May 11, 2020. • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays, May 24,2020,and May 31,2020. • 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 22, 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 June 4, 2020. William J. Wright,Jr. Agenda Item 14 Page 5 City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020,and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. William J.Wright,Jr. Agenda Item 14 Page 6 Site Layout & Parking Plan • ,_,_ �.,_ _ _ ..e.i...o,_-i;--- - - . , „,.....* _N . ._. * - --4--" ---er-7: -- __:, ___ ;At,. , . ....,7, a . :. Retre t by the Sea i _�., i 1\691r, I '. ! 909 Unit A *arilf` 1% Parking#1 On-Site \gisr \ ' � 4 "� A t , \ \ -,..,, ,- Ili, . --r ._._ '-'llill'7 9p9 UN�Y A --'' wvs s- " • gth Street - SO f ._— e t c, •a h Street Garag CD �. 9unitA t v 9fl U�f.gite parking #2 nnuai ' ..-- \ \ APp„,ant purchase an A parking t-ease t { $ } it 1 y $ !S- William J. Wright,Jr. Agenda Item 14 Page 7 Site Photos �� r Pit It r.!''" — _ I IA!! nn R; -'I �. I' ItL1Ci Iuo e} giii . .- w. 'i'"'ii. __,gin , :_________ ___.,'._ _ - ______"___- -I:--'.1,-_:---,-e -:- inn ,__ - William J. Wright,Jr. Agenda Item 14 Page 8 Site Photos I I i _ Niiiii4 i 4 1 1 IVii. - E"R' a i __________ g "I • , .. t 4 ._,. '_ ` r' William J. Wright,Jr. Agenda Item 14 Page 9 Disclosure Statement Virginia n>>s;l: APPLICANT'S NAME W lL'-I • W 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 A ears Certificate of 1 Floodplain Variance Appropriateness -- Street Closure (Historic Review Board Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit 1 License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/AU disclosures must be updated two 12)weeks prior to any Page 1 of 7 Manning Cori-mission and G: Council meeting that ertains to the a,llcstiontst, ❑ f'�APPLICANT NOTIFIED Or HEARING CA i L^'J/ NO CHANCES AS Or CA REVISIONS SUBMITTED GATE: William J. Wright,Jr. Agenda Item 14 Page 10 Disclosure Statement M3 Virginia Pe . NCheck 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 A.— other unincorporated organization. (A) List the Applicant's nam If an LLC, list all member's names: William Joseph Wright,Jr. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Jr (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 footnotesI and 2 l� SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name:_____ If an LLC, list the member's names: Page 2 of 7 William J. Wright,Jr. Agenda Item 14 Page 11 Disclosure Statement AL3 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 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 William J. Wright,Jr. Agenda Item 14 Page 12 Disclosure Statement APPLICANT Virginia Ilea,.), YES NO SERVICE PROVIDER(use additional sheets If needed) Accounting and/or preparer of (N(kR your tax return Li j ;1 Architect/Landscape Architect/ t�J Land Planner Contract Purchaser(if other than (` the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed lxIpurchaser of the subject property � (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing(include current }t mortgage holders and lenders ` selected or being considered to provide financing for acquisition or construction of the property) I I 171 I Legal Services Real Estate Brokers/ I [] Agents/Realtors for current and anticipated future sales of the subject ro ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have LL 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 J. Wright,Jr. Agenda Item 14 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 AppliC ti CANT'S Rn� 1601, C SIGNATU PRINT NAME DATE Page 5 of 7 William J. Wright,Jr. Agenda Item 14 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. William J. Wright,Jr. Agenda Item 14 Page 15 it° \‘\ - \P° \ \ -' ,‘\ .6.; S -- 7?)-- \ -.:\ S. ----AA .. -• 'ts f:' • Pam , ,� t A _____Ii . s WO illtsv .e-A't \ - f4 Ls:' . 13A. OA 4E4 '. :ra% .' .------ ---, : \ ,' ii ...trii-;--All : , .,:,__---s ---. -__ j-.16,Wo_'\0,-.0.0--,3601* 0 ‘, .., , .r_ olk - - _ {{tiro) - '` 'A v voi sii-A . \ . ,,, _....s,...-- ---4-'---- -- 0 \-- A-wog o-=-1',' WI '1c ...., \ \ ____------ivo ti tit , ......d. ii__ I, strt ,,,s . ,„..,10,c. tio0.1•00°` T„,„04 Mk 111101"111 4. -1.0111% 4kitW\ \\3\ _ lostiese. . ._.. ... 1.__F -P4iiijilit \ STATUS -VIII _CI tit. ,,,� t 'r :._- Approved � t... 7; ,lam_ ° i11_l Il iv s k\tI . A/„' .. fit: . U;:: ' ��~ '~. ' , t it-1 — _ - -1 t t t ter: ,t ��f--= r.— Items#14. William J.Wright,Jr. Conditional Use Permit(Short Term Rental) 909 Pacific Avenue, Unit A June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2,3,4,5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 3 1. The following conditions shall only apply to the dwelling unit addressed as 909 Pacific Avenue, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to safely enter and exit the property. 4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Proof of ability to use at least one off-street parking space at a location acceptable to the Zoning Administrator shall be provided to the Planning Department on an annual basis as long as the Conditional Use Permit is active. 5. 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for 4 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) 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. 5 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. 6 R'-5S O t?R f \ ", ,1 AV"Stre 1 V . \'\ 1 R-5S OR -o �� ,i �� 7 \\ 1 c144"1„. Q O `A-18 � ,f_ ,‘ ; //ORA OR \\: \\k Norfolk Aven Ue 9th st�e '' 9 i to t y 1' , \` OR �1 R�5S 1 „........) ', ...0_ 1 M Suite N oy:A Site Property_Polygons Carlin Creative Concepts, LLC III. Zoning 901 Pacific Avenue, Unit B Parking Lot Drive Aisle i — Feet I Building 0 25 50 100 150 200 250 300 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CARLIN CREATIVE CONCEPTS, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 901 Pacific Avenue, Unit B (GPIN 24272444110945). COUNCIL DISTRICT — BEACH MEETING DATE: August 4, 2020 • Background: The applicant is requesting to operate a Short Term Rental in a two-bedroom unit within a 56-unit condominium development located at 901 Pacific Avenue, Unit B. One on-site parking space is designated for the two-bedroom unit. There is no on- street parking on this portion of Pacific Avenue. The condominium development is situated within a 35,000 square-foot parcel and is zoned OR Oceanfront Resort Form-Based Code 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 for each unit in this instance. • Considerations: The property is located in the resort area several blocks from the Atlantic Ocean where Short Term Rentals are expected. As only one on-site parking space is available for the tenants, the second space will be located across the street in the 9th Street Municipal Parking Garage. The applicant has purchased an annual parking pass and submitted a receipt to Staff. Recommended Condition 4 below requires the applicant to submit receipts/proof of availability of a second off-street parking space annually to the Zoning Administrator until the Conditional Use Permit is no longer active. A letter of concern was received from another condominium owner regarding safety issues with vehicles longer than 18 feet being parked in the parking lot. Specifically, such vehicles may pose safety hazard for other vehicles entering and exiting the property and blocking the entry way. Condition 2 is recommended to address this concern and Condition 3 will ensure that the ingress/egress area along Pacific Avenue remain clear for vehicles to safely enter and exit the property. 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 Carlin Creative Concepts, LLC Page 2 of 4 well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 901 Pacific Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to safely enter and exit the property. 4. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. Proof of ability to use at least one off-street parking space at a location acceptable to the Zoning Administrator shall be provided to the Planning Department on an annual basis, as long as the Conditional Use Permit is active. 5. 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department Development for review and approval. Carlin Creative Concepts, LLC Page 3of4 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) 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. Carlin Creative Concepts, LLC 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 ( .. 2.1.. City Manager Applicant and Property Owner: Carlin Creative Concepts, LLC Agenda Item BPublic Hearing:June 10 2020 r NI City Council Election District:, Beach 3. 5 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation '9°stee` T Approval ta111.4 \ "s"`e` geacn v1gm,a 160 Street 11111 Staff Planner Jenizza Badua - Q--15°5 7, Sweet 4%. <c -0 13w Street Location c ! 901 Pacific Avenue, Unit B 1 ` • ,' venue I GPIN o0 Stee‘ - 24272444110945 91n s" y pm ,ytia� a ,. D'aW a` Ayenue' - , 6d'Street Site Size �'' a V' " G30o1iN D 5d S"e` 34,996 square feet ---'4d °fistcee' c� 9,6 street "1 Existing Land Use and Zoning District I' .(-7 Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Duplex dwellings, commercial parking lot/OR � ,ir-111111111111i `> r . '_!' tit tijr Oceanfront Resort c o ram.South "11k k r"�! f ``;o "` 1� 9th Street �. Rtp _i `` • Municipal parking garage/OR Oceanfront11` '� bResortl ,. y*fittEast Ors,,, . � ;.=* F , ' ._-1 S1 k. Retail shops/OR Oceanfront Resort - I. __ ; ` : ,„ > West N,r,o11,Q,,,,,,,c „ ,, Pacific Avenues -01 . 1 ;. , .� Off-site parking lot/OR Oceanfront Resort ••` . ' G 1 t7 M a ��- ,-� , ,c � � � Btn staee - • Carlin Creative Concepts, LLC Agenda Item 15 Page 1 Background & Summary of Proposal Site Conditions and History • The 35,000 square-foot parcel is zoned OR Oceanfront Resort District. • City records indicate that the multi-family condominium was constructed in 1969. • Staff inspected the site on March 12, 2020 to observe site conditions and take photographs for this report. • One on-site parking space is designated in the parking lot specifically for the two-bedroom unit. There is no on- street parking on this portion of Pacific Avenue. On-street parking in the immediate vicinity is metered. • On February 4, 2020, City Council approved a two-bedroom Short Term Rental of the neighboring unit, 933 Pacific Avenue, Unit B. The applicant satisfied the required second parking space by leasing a space at the 9th Street Municipal Garage available for the renters at all times. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity r t -, I c. ...4:±: 't ' --\A % :m� vs U , Pj\. V , �f r �AN (A .1%1...o Ill% ` Vic' t11 •11N� , CBt St so 1h„la i . Aopok .' ' �!�v ••ago, \ \ STATUS +�,,,,, �,1 r ry SS \t L0 Approved �R►1/f S 6 ��s • Dented i., I '7"' tiel'1� 1 r ¢_. Q Under Red t 01101 Ott \j Summary of Proposal 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: 2 Carlin Creative Concepts, LLC Agenda Item 15 Page 2 • Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per bedroom): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided: 1* *A second parking space has been leased within the 9th Street Municipal Garage located across the street. c OR 0 OR ' OR R55 -7 k:SS Lake—Drive irk - t tOth 5 -, R¢S R 55 S` �" ; ', ! \ Zoning History it ' 71 , �� OR # Request `�' 1 STC(Closure of unimproved ROW)Approved 12/4/2004 - __"°rikA,,,.,,,,, ems ee- ` 2 CUP(Short Term Rental)Approved 02/4/2020 7 � I !,,. Cs C a —� `- 66h Stjpet , c4 1-Ate -36R-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 The applicant is requesting to operate a Short Term Rental in a two-bedroom unit within a condominium development located at 901 Pacific Avenue, Unit B.The unit has one designated parking space on-site. To satisfy the second parking space requirement,the applicant has purchased an annual parking pass at the 9th Street Municipal Parking Garage, which is conveniently located directly across the street. The applicant has submitted a receipt for this year's parking pass. As recommended below in Condition 4,the applicant will be required to submit receipts/proof of availability of a second off-street parking space annually to the Zoning Administrator until the Conditional Use Permit is no longer active. A letter of concern has been received from a neighboring property owner regarding future Short-Term Rental tenants with vehicles longer than 18-feet overhanging the parking spaces, posing safety hazard for other vehicles entering and exiting the property and blocking the entry way. Therefore, as recommended below in Condition 2, no vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. Furthermore, per Condition 3, the ingress/egress area along Pacific Avenue shall remain clear for vehicles to safely enter and exit the property. No letters of opposition or support have been received. Furthermore, 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. Carlin Creative Concepts, LLC Agenda Item 15 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 901 Pacific Avenue, Unit B,and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to safely enter and exit the property. 4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Proof of ability to use at least one off-street parking space at a location acceptable to the Zoning Administrator shall be provided to the Planning Department on an annual basis,as long as the Conditional Use Permit is active. 5. 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If,or when,the ownership of the property changes,it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department 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. Carlin Creative Concepts, LLC Agenda Item 15 Page 4 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three(3)individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant obtained a signature from the condominium association manager. • One letter of concern was received. • As required by the Zoning Ordinance,the public notice signs were placed on the property on or before May 11, 2020. • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays, May 24, 2020, and May 31, 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 22, 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 June 4, 2020. Carlin Creative Concepts, LLC Agenda Item 15 Page 5 City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020, and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. Carlin Creative Concepts, LLC Agenda Item 15 Page 6 Site Layout & Parking Plan ___, ...- -'"------- tbe Sea — — — ' - : Retreat" .. \it r ---- ! * '. \ \ .0 w _.#.,mwage—•'''v -,',--,: i W Parking#1 On-Site ‘sr-'11.1°W. , ' \ , - eel. WO B— , ,-- t., ..., - *-- 9ttt Street A 4 ..... ---4-- -.----...-- -Is w / 9- 1 fi i4k A CD , € 'Z P 90.1.unit 13...fite \*.. i \ \ , ,,, ?aTong.*2 Oil 7 isalnual &seed a rkppIleaat"...d Lease pa‘k,t... . # # Pt ' t . ‘ 0 \\ ,- • Site Photos Carlin Creative Concepts, LLC Agenda Item 15 Page 7 I 1 ! dal 00 AI P. r*EMI n tl M 7 III - r�jll�lil'`I . _ 4 w L .fir_.-T ♦ ♦.:- J IIII .7 7__I- ' -1....-1---__i_I--__1 i 1, 10 6 . IlIi`` iII1II.lIIl , _________Li_____:_. • i, ...._.,4441: • Y' ."--, 1--7 / 1-2., \ "..., � • Carlin Creative Concepts, LLC Agenda Item 15 Page 8 Site Photos 1 1 ' l' ''''''''':', : ,, . _I ( emu o ■: I _ CI . 4 .e r 'l _ - 4) ...„ .`� ,'� .....,___ _____„___, ____ . w. ,.. _ , . . ,, .. .. „,.,.. .,. L..!.. .,. . ..: _ ,� _____ _ _ .§ri____.w.16;Ar..:41‘,..,..%, • ',_7 . , it Carlin Creative Concepts, LLC Agenda Item 15 Page 9 Disclosure Statement • Virginia Beach APPLICANT'S NAME °Hvercanln 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 IModificatlon of - dl' — Property Conditions or Proffers Alte►nativ S --- Economic Development Ilsnconforming Use Compliance,Special 'investment Program Exception for .ED1P) eat cony Encroachment Request Resgnhig Certlflcate of Floedplain Variance " Appropriateness Street Closure (Historic Review Boa_rcP_ Frali Ilse ARilionant Chesapeake Bay ' Preservation Area tease of City Property Subdivision Variance Board j Conditional Use Permit Lica►se Agreement Wetlands Board a 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. C ._ SECTION I /APPLICANT DISCLOSURE Fob CITY USE ONLY/Ali disctosj,res must be updated ys,o(O masks prior io pry Page 1 of 7 NanM _Corpmisslon.aNI Oct t wool;room,emu naiad,t0 the at•.dltati09-s). ❑ - APPIJCANT NOTIFItO Of NEARNG DATE: — 1 On NO CNANr.ES AS qF _ ` OATE i c L t 7t7-/ ,,yC� -i I _: REVISIONS SUSNITTEIO DATE Carlin Creative Concepts, LLC Agenda Item 15 Page 10 Disclosure Statement ar...h Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 7 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Carlin Creative Concepts LLC If an LLC,list all member's names: Oliver Carlin If a CORPORATION, list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 f I SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation,partnership, firm, business,or other unincorporated organization. X Check here if the PROPERTY QW4ER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name:Carlin Creative Concepts LLC If an LLC, list the member's names:Oliver Carlin . Page 2 of 7 Carlin Creative Concepts, LLC Agenda Item 15 Page 11 Disclosure Statement Virginia Beach If a Corporation, Ilst 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(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner In the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise Share activities, resources or personnel On a regular basis; or there is otherwise a close working relationship between the entitles" See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the Subject of the Application or any business operatirig_Or to be 2oerated on the Property. If the answer to any Item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Carlin Creative Concepts, LLC Agenda Item 15 Page 12 Disclosure Statement q\B APPLICANT Virginia Beach YEs _ MO^ SERVICE PROVIDER Ivsa adNMenal skeins if needed) nAccounting and/or preparer of Tax Sentry your tax return Architect/Landscape Architect/ Land Planner 'Contract Purchaser(if other than n ® the_Appllcant)-identify purchaser and purchaser's service providers Any other pending or proposed — X purchaser of the subject property (identify purchaserts)and purchaser's service providers) IXI Construction Contractors Homefix Custom Remodeing Engineers/Surveyors/Agents -,,tieyden Frye and Associates,Inc. Financing(Include current -E Mortgage Management LLC X H mortgage holders and tenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Alperin Law Real Estate Brokers/ Robert Ramey with Rose&Womble _- X I I Agents/Realtors for current and Realty anticipated future sales of the subject property —1 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ' ,Does an official or employee of the City of Virginia Beach-lave an.interest in the subject land or any proposed development C contingent on the subject public action? If yes,what Is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Carlin Creative Concepts, LLC Agenda Item 15 Page 13 Disclosure Statement Virginia Bead, CERTI FICATIOht i certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand thait, 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 any public body or committee in connection with this ottr . 14 Oliver Carlin p2.0 APPLICANT' TWtt - . PRINT NAME _. __ Page 5 of 7 Carlin Creative Concepts, 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. Carlin Creative Concepts, LLC Agenda Item 15 Page 15 ''\ \ ,\\am 1 \• ir*:--- -' 'ei ‘N \ ' -\ . '\ . ‘ -- \''' —.1, \ .c7:111---1A •. ir0 tt r _ 1 t , . g: • -\-yr , '1 ti V --,r •• two aA ti. T_ - 0 '• .-' tA -- tiA 4 irs ' '' •It -- ---'''' • 1 \ ',ii - ,e.-_,,,, a ' ' __, ,,,---f.., ___ __-,.6v4 \ -•. --- MI ilit \,' \ ;;_ •r- l k- mi•- - (4t7 r- , - .� ...\„--... "-- % 't -lit .\, 00 ,C,..2611 Vtot II SIOVAINOrilliiii rya_ S\,',.\,'.k -:e r4b, t _ a t%A-\1lS _ a1'l'1 0.I.A Ii-oI I—_w--. _----'. i.ii-...s: -.--I%tt_a,w—..li./-1 1-iolliaw-11 1 1l ii 1-i"t1V1ti\I\1\V'' ,*-'_-Oit-i--ffl.— --r- ,s--_-_—_--_--_1--- et,\ STATUS �-- o \ \ ,r t:. Approved , -i. -� --" Y L �, • Denied •. ti 11 -_ Nvie:' ,, .,.'-_ Under Review o 0'1.,i -- -- � 1 ,� �, `k 1a -Registered ," Items#15. Carlin Creative Concepts,LLC Conditional Use Permit(Short Term Rental) 901 Pacific Avenue Unit B June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2,3,4,5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 901 Pacific Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to safely enter and exit the property. 4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Proof of ability to use at least one off-street parking space at a location acceptable to the Zoning Administrator shall be provided to the Planning Department on an annual basis, as long as the Conditional Use Permit is active. 5. 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' 4 below. This information must be submitted to the Planning Department 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) 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. 5 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 6 to _R� greet _. v -2'ra- ,\\ A \ /#4 -----\\ ‘ 'csteet \ R15 , i OR ,-----------" r ♦ • OR 7 co C \. - treet co 2Ast S i S1 ''1 Street �R' _ 21st O �`' \ I N Site Property_Polygons N t Nathan Bolling Q Zoning 423 21st 1/2Street s Parking Lot Drive Aisle ,Feet Building 012.525 50 75 100 125 150 i ....,..:7. S�diiin nE,�. .._.,..,,t,, ,� fsi j , ..,; ..\.............. . ,.....:::...;,, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: NATHAN BOLLING [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 423 21st 1/2 Street (GPIN 24270823850001). COUNCIL DISTRICT — BEACH MEETING DATE: August 4, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate a three-bedroom Short Term Rental in one unit of a duplex structure located in the resort area of the City. A Conditional Use Permit for a Short Term Rental was approved for the adjacent unit on July 7, 2020. The 7,860 square feet site is zoned OR Oceanfront Resort District. The maximum occupancy of guests permitted in the three bedroom unit after 11:00 p.m. is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces for each unit in this instance. • Considerations: The site is located three blocks from the public beaches of the Atlantic Ocean, in an area where Short Term Rental use is common and expected. The submitted parking plan shows all three required parking spaces located on site, two on the paver brick driveway and the third within in the single-car garage. The Zoning Administrator has reviewed the plan and finds this approach acceptable. 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 and guest and temporary passes will not be permitted while the Conditional Use Permit is active. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance regarding Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. Two letters of support have been received from the owners of the neighboring and four adjacent properties. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 423 21st 1/2 Street, and the Short Term Rental use shall only occur in the principal structure. Nathan Bolling 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. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes 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 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the 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. Nathan Bolling Page 3 of 3 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 .All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 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 ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (a_ City Manager: (k9 1BApplicant& Property Owner: Nathan Bolling Agenda Item Public Hearing:June 10, 2020 City Council Election District: Beach 16 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation v---‘, k _ I xsal ost: \ s Approval x,lhsl+ *'Street t /Or".pdr,e 2w Sttbe Staff Planner r° " 1 25th Jenizza Badua o - ` 24th Street t 7 ifr J 240h Street$"4 2grd Stjeet Location m 423 21st%2 Street Meet 2�^d$1¢et 22nd Street Y ' - 0 1110111 tillOi GPIN It---.„. u rtt,a Illi 24270823850001 '� 2e4moo Site Size m von street 1111111... a.7,860 square feet tag s"°e` hem a`° tee Yrsr^ia8eac o fWh Scree' > Street 1 14th Existing Land Use and Zoning District ( 15th Street ` t4th Street 1/41, Two duplex structures (four units) /OR Oceanfront Resort Surrounding Land Uses and Zoning Districts s t e �. North <. lii 21'%2 Street ^a sire 410 , '" Single-family, duplex dwellings/OR Oceanfront t Resort r�Ft itsr',,- St South a « �. "4 ' Multi-family dwellings, hotel/OR Oceanfront r - Resort ' East � � V - Two duplex structures (four units) /OR - ,: et 2'sts"Oceanfront Resort ii West .f t Duplex dwellings/OR Oceanfront Resort -.: +, t ti Nathan Bolling Agenda Item 16 Page 1 Background & Summary of Proposal Site Conditions and History • The subject site is 7,860 square feet and is zoned OR Oceanfront Resort District. • There are four dwelling units on the property located within two duplex dwellings. Each unit is owned individually and the property is jointly owned under a condominium agreement. According to City records,the applicant's unit was built in 2019. • This Conditional Use Permit request is for a three-bedroom unit within the northern duplex with vehicular access from 21st 1/2 Street. • Staff inspected the site on March 12, 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 Short Term Rental from parking in the street during the restricted hours. • City Council approved this property for Special Exception for Alternative Compliance in 2017 to allow the second duplex structure adjacent to the alley(21st%z Street) on the property. • No zoning violations were found on the subject property. Short Term Rentals in the Vicinity gtreet 5th e �1 _ \ -ecg41- 2 th 1 0 u M $ r • -' %%►�`& .ar„ 11 , 10)»��01 rem__ 14r .. tree t 'CD6101111 STATUS � � "�� yr 1 Pfproved t • Denied ( r 1 e iJ Under Reviex Q Registered ; 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. Nathan Bolling Agenda Item 16 Page 2 • 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 bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on site: 3 (2 in the driveway and 1 in the single-car garage) OR OP l- vno swot, Zoning History C; ", t. oa OR # Request \. E 21'� j55"aet 1 ALT(Alternative Compliance)Approved 04/18/2017 o� L� 2 ALT(Alternative Compliance)Approved 04/18/2017 OR 3 ALT(Alternative Compliance)Approved 03/11/2014 l 4 NON(Enlargement of a Nonconforming Use)Approved OR o z1SSos° ciR 11/28/2000 6 5 SVR(Subdivision Variance)Approved 09/06/2011 6 CUP(Commercial Parking Lot)Approved 03/10/2009 T MOD(Commercial Parking Lot)Approved 11/9/2010 stro OR .-.��p 7 SVR(Subdivision Variance)and QQ ALT(Alternative Compliance)Approved 10/8/2013 OR t V 8 ALT(Alternative Compliance)Approved 05/14/2013 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning Proffers ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning NON—Nonconforming Use SVR—Subdivision Variance STC—Street Closure Evaluation & Recommendation The applicant is requesting to operate a Short Term Rental in a three-bedroom unit within a duplex structure located at 423 215t%Street. The submitted parking plan satisfies the three required parking spaces:two parking spaces are located on the paver brick driveway and the third is located in the single-car garage. The Zoning Administrator has reviewed the plan and finds this approach acceptable. 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. Two letters of support have been received from the neighboring property owners of the unit at 421 215t%Street and the four adjacent units at 417/419 215t Street and 417/419 21st%2 Street. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Nathan Bolling Agenda Item 16 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 423 215t%2 Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP)shall be limited to two resident passes only.Guest and temporary passes 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 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the 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. 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 Rentals. Nathan Bolling Agenda Item 16 Page 4 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) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three(3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant obtained signatures from each of the condominium unit owners associated with the property. • Two letters of support were received by Staff. No letters of opposition were received. • As required by the Zoning Ordinance,the public notice signs were placed on the property on or before May 11, 2020. • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays, May 24,2020, and May 31, 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 22,2020. • 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 June 4, 2020. Nathan Bolling Agenda Item 16 Page 5 City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020,and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31,2020. Nathan Bolling Agenda Item 16 Page 6 Site Layout & Parking Plan < 21st Street > s ❑ ❑ ❑ yen KO • VI N. n 'I- ,00'42 4 - r s f f — x -- �--x- �fflaT t$--X x x x x x : , ❑ , �.� —1 I I i ❑�I ❑ f PORCH` PORCH / \� .OS X!❑ KOWA l `~ b;❑ ( was i ❑ ❑ (('P . �Q ❑ ❑ ❑ ` El417 Unit 419 Unit P. El II CI 0 1 0 a 421 Unit 423 Unit 0 ❑I ❑ I=WO 5 X❑ eUOtS ■ ■ !■ ■ dCplS ' ❑11 ❑ 44 if s, r 1 48Y1 ❑ ❑ ❑ _ PORCHA Ar PORCH irxII il . -— \� 1 0 xno acar .ram GOOM ❑ ❑ f •aa! QEl X; I.0 Nw sawn xw x NO SOO Jew ❑1 ❑ 1 / 44 o K i. Ii� '4( y ❑1`"f NO swn oMw 1 w srwn a,w 11V; ' �0� xm aooR 1 ago aocw ❑�"�Q ens 0w+_. 1027 00, I „,44.. 4� n»su»aew ip mlomenno 0 Igo — f Edi. 0:?121 " 1 o" ,s 0 i 1. ❑ i ❑ i 423 Unit 0 l' gL❑ ❑'4 CI 3-bedroom ❑ 417 Unit 419 Unit ❑1 0 421 Unit ❑" 11 NI l.4Pr �sr 4 ,irr � , 1 K ,PORCH PORCH ' PORCH _ PORCH 7 �" 8 ,�f \- 7 K —x—x s �, .- } i ' I 7 •J i p «w 3,a,nan .. rill eaw u+ro . ocos� 11, oo X iL ---- 21st 1 2_Street Nathan Bolling Agenda Item 16 Page 7 Site Photos :----=-1---- NM __ '4, • I _ ( -1 Y {. MI 71111111111111111liolliiiiii _ I / —.--- — — - .- ..Z.it j 4- 4 ,r. ' "a ; ---=, T- ff Pr a t /41,-;' ''''''1''4''''' . 4% ' i a •i • . ; 0C. Oil , 11111HII1'i, III _ _ ' i % , A04.<- v } / Nathan Bolling Agenda Item 16 Page 8 Site Photos _ .. a - + -. _ .i s ;_ Nathan Bolling Agenda Item 16 Page 9 Disclosure Statement 19 Virginia Beach APPLICANT'S NAME NCdM Wil iNiti iliq _ 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 Alternative Compliance,Special Exception for Board of Zoning peals Property Conditions or Proffers Economic Development Nonoonfonrr Use Investment Program Changes P1_ Encroachment Request Rezoning -__ Certificate of Floodplain Variance Appropriateness Franchise reernent Street Closure (Historic Review Board) g Chesapeake Bay —Preservation Area Lease of City Property Subdivision Variance ' Board Conditional Use Permit I I License Agreement ' [wetlands Board • ._..-..._.,♦ The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE I FORM'USE ONLY/All disclosures must be updated two(2)weeks prior to am Page 1 of 7 Mannino Commission and Ott Council meetln,that ertains to the a micadpng. _ of APPLICANT NOTIFIED OF HEARING DATE 1y f NO CHANGES AS OF — DATE: . _ . = ' , 0UWI _ REVISIONSsmarm)— DATE: Nathan Bolling Agenda Item 16 Page 10 Disclosure Statement Virginia Beach Fr Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. TiCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organizrattiion.��'n t �n (A) List the Applicant's name:_t1t13]Y 4��1_005111 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) NSA (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • r SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ifproperty owner is different from Applicant. Check here if the PRQPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Nathan Bolling Agenda Item 16 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 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 Nathan Bolling Agenda Item 16 Page 12 Disclosure Statement it APPLICANTJpI iV A/ Virginia Reid) YES NO SERVICE PROVIDER(use additional sheets if needed) E Accounting and/or preparer of your tax return 1 . 11 i / .. ! A.: I j. Architect/Landscape Architect/ �w Land Planner In.11111114 Contract Purchaser(if other than 7 Er the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 111 C✓ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) NEM Construction Contractors ! PMEI ErEngineers/Surveyors/Agents s r Financing(include current U,- CI mortgageholders and lenders `� selected or being considered to 191X W.L,VV provide financing for acquisition or construction of the property) fly 1 Legal Services 1M L ' Real Estate Brokers/ Er Ei Agents/Realtors for current and VSt C(acc V,fct.A 64-tc(- anticipated future sales of the subject property Dci. ( H;,((,l p SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 7 an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Nathan Bolling Agenda Item 16 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 Applicat) a.k\" ,%(-tcbf( ion. r/nc, ?iIt 2.O 0 PROPERTY OWNER'S S / PRINT NAME DATE __ Page 7 of 7 Nathan Bolling Agenda Item 16 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. 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Nathan Bolling Conditional Use Permit(Short Term Rental) 423 21st 1/2 Street June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2,3,4, 5, 7,8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19,20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT • Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 423 21st 1/2 Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes 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 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' 4 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. 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 Rentals. 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) 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 5 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. 6 ,, i 7c- . 7 ___ 1 A . X ilk°-:- 0 1 0 - --1 �� , . I'�..wv/% R____,, \ -10 k-I 2 A-1 8 N R-10 4 A-18 N r Site Dawn Wyatt W ��`or. F Property_Polygons 609 Bayway Road s Zoning n- Parking Lot Drive Aisle - Feet Building 0 20 40 80 120 160 200 240 4 %� . ..,.. , si . _ 4; ...„ .,,,:,,,„..„ CITY OF VIRGINIA BEACH AGENDA ITEM ni ITEM: DAWN WYATT [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 609 Bayway Road (GPIN 2417286565). COUNCIL DISTRICT — BEACH MEETING DATE: August 4, 2020 • Background: The applicant is requesting to operate a Short Term Rental in a two-bedroom single-family home constructed in 1951. The 23,243 square foot lot is adjacent to Linkhorn Bay, approximately two miles from the oceanfront, and is zoned R-10 Residential 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: Like other properties in the neighborhood, the site has been developed with a single-family dwelling constructed in the 1950's. As shown on the parking plan, the required two off-street parking spaces can be accommodated in the existing driveway. On-street parking is permitted 24 hours a day on Bayway Road; however, use of the right-of-way for parking is not proposed. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 609 Bayway 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. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be Dawn Wyatt 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. Dawn Wyatt 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) 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 Ik_ City Manager: Applicant & Property Owner: Dawn Wyatt Agenda Item Public Hearing:June 10, 2020 allk/B City Council Election District: Beach 17 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 4�8 Orry e �� Approval �eerG°°� Staff Planner ,r j Tanager Trail 1....Aubrey A. Trebilcock - $ coo Roa�pMFles Y�y Location _ 609 Bayway Road wir B'"etod�Ne GPIN ' 2417286565 R Site Size ay'da� ;tegvi ati,,m,-- _ 23,243 square feet �, Old Vug,nra rieer""rd Y ! .. 264 Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts North Bayway Road - . ";-,, _ Single-family dwelling/ R-10 Residential - ii If South % Linkhorn Bay/A-18 Apartment East * Single-family dwelling/ R-10 Residential West 111 Linkhorn Bay Single-family dwelling, townhomes/ R-10 _ Residential, A-12 Apartment 2 : Rey nard Crave - - - - • - Snow Goose Lane Dawn Wyatt Agenda Item 17 Page 1 Background & Summary of Proposal Site Conditions and History • The subject parcel is 23,243 square feet and is zoned R-10 Residential. • City records indicate the existing single-family home on the property was constructed in 1951. • Staff inspected the site on March 13, 2020 to observe site conditions and take photographs for this report. • All required parking can be accommodated on site. 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 past violations or City Council actions were found for the property. Short Term Rentals in the Vicinity ram. tor . : AWAIPrZ 0 m • Rey aid *. *el Crescent a • iv H• s Nest Way -STATUS _ • Approved Celled R d _ _ "Cen ° Under Rewew I ° Registered Summary of Proposal The applicant submitted a Conditional Use Permit application 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: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 Dawn Wyatt Agenda Item 17 Page 2 .-% - 0.2_.i 0-2 f\ ----1t1 Cr-IT '=,r LD t; �� ` O, I t �,' t5 Zoning History 2 °� � ,rt,? rl ' R ; "-. # Request -� E''' t� • ' 1 CRZ(0-2 to Conditional B-1A)Approved 01/13/2001 iF�z, / � A-18 - 2 CRZ(0-2 to Conditional B-1A)Approved 02/10/1998 oAd L"A-18 �/ A-18 f , ' Siti �iiv__ t t 'w^ -, IT3. A-18' 4.1 Snow Goo me Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The subject property is located adjacent to Linkhorn Bay, close to Laskin Road and approximately two miles from the oceanfront. Like the other properties along Bayway Road, the subject property has been developed with a single-family dwelling that was constructed in the 1950s.The applicant has requested a Conditional Use Permit for a Short-Term Rental for the two-bedroom single-family home. Two parking spaces are required and both are accommodated within the driveway. In Staff's view, all other requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rental use 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 609 Bayway 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. 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. Dawn Wyatt Agenda Item 17 Page 3 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. 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. Dawn Wyatt Agenda Item 17 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign was placed on the property on or before May 11, 2020. • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays, May 24, 2020 and May 31, 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 22, 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020, and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. Dawn Wyatt Agenda Item 17 Page 5 Site Layout & Parking Plan PARCEL 'A EURE 3 o ON r Gravel driveway JAL L ! S.' x 18' parking space r *. in tie driveway :I 4, r(y R p L't , N a pti rlbH llh 0.5' 9 10.4' fED CHG I GRA�^!<s. ., I O!Y = s - a li'Ve I 1 aoot r *�'... 1.co NM m p M w cow Q .aP.2 of s ' - u Q g— 'n sec.1aao't 79.1a Qo ,r,N • Dawn Wyatt Agenda Item 17 Page 6 Site Photos . , . -..---,. 7 . .14' ' -- - • 1416,41' , : • • ' -, - 'P., ....,,.. ' . 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Ilf 1j:01111111T ;:, :.-T_. ----• --.--; - - - . . ,.• • , . _ ,-., . . . ...-_, .....-- qulgaiigat&t, - - . • Dawn Wyatt Agenda Item 17 Page 7 Disclosure Statement NB Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City 1 Modification of by City Property Conditions or Proffers Alternative ,Economic Development Nonconforming Use Compliance,Special Investment Program Exce tion for ED1P Changes P -� Board of Zoning Encroachment Request Rezoning Appeals J 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 FAR an US€'i+;(, Page 1 of 7 iPionr,,s1 c". s ._...a.., fr- IR Tc V! 06/12/20 .ter ® W/23/20 _ Dawn Wyatt Agenda Item 17 Page 8 Disclosure Statement Virginia Beach NI Check here if the APPLICANT !S NOT a corporation, partnership, firm, business,or other unincorporated organization. l l Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_ WN 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 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 4lerent from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN, complete the follow]r; (A) List the Property Owner's name:___ If an LLC, list the member's names: Page 2 of 7 Dawn Wyatt Agenda Item 17 Page 9 Disclosure Statement 7a3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) iB) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation direaiy 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. "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 Dawn Wyatt Agenda Item 17 Page 10 Disclosure Statement APPLICANT Virginia beach L YES NO] SERVICE l PROVIDER(use additional sheets if 1 needed) (� ® Accounting and/or preparer of t your tax return ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) pziConstruction Contractors Engineers/Surveyors/Agents Financing(include current n 7 mortgage holders and lenders W_ selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers/ ( Agents/Realtors for current and t anticipated future sales of the I subject property • ♦ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have 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 Dawn Wyatt Agenda Item 17 Page 11 Disclosure Statement 111/4/3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is P complete,true,and accurate. II understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. • ]) ry LoN INARTi 1Iq 110u-7 APPLICANTS SIGNATURE) PRINT NAME DATE Page 5 of 7 Dawn Wyatt Agenda Item 17 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Dawn Wyatt Agenda Item 17 Page 13 „ ,t\i,,, ,\lc,,..ap:, Iam.: so.\\\_.______.s.„...s......7____. , .___5::::_ 0. uva)c. III/1/1:: .vtiocfo? ''' __.....” uuI , 1 . r 1 : Ai '.. f. ,. ...., !,, 1 -,.,A °Al JO d°)ea.u. ! ,' ' #11 LI:- ;,,,,, • (.:1 :, i . , . V. i.- .--- vo--- ' - • 1 ‘ i Itt 1 i ' .--"" : CO . 11 CV 1 \ __.,.. ^,.....11 ) 1 . \ .............\ ,..,\\ , 1,L ,i1 , f 54 , _____I ' I ri ---------A \\r, \ ill 1 (4 3 -1, , 1 --- I I . , \ I\ I ,,' —Oa— viva% 7. • . i ,1 , , i cr3 ( a:) `.;,olk 01 ''\:., ,,:_0 ,, liNi . ., .:.: . v. . e_.), .-_w .., r_. , , z , - ilu) --1 -------- -1) x r . , ce.a.p .; ., - 0 ,..„----r ok, 1, r „it . . s. , 0 .t ,... 4., , 6- N 1 v a) Z j---- P\ i 1:7 t- i cti (Z. 1 Pillii a) ce Ci3 V — G cb a < . • • 0 o - ..,t. .,.\- IN, CO Item#17 Dawn Wyatt Conditional Use Permit(Short Term Rental) 609 Bayway Road June 10, 2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5,7,8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight, City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10 and 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20,21,26, 27,28,29, 31,32,33,and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Land fair: Mr. Coston. Ms. Coston: Yes. Mr. Land fair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Land fair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAYO ABS 0 ABSENT3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 609 Bayway 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. 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. 4 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. 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 5 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 6 p -N. . .... ` x� 47/041_:\:- ril: I-N\ , / / --Iii\O, 4 II' . . 4\ ....41:7......„,_ lin % • ///:". . ,_-_ .. . , - 1Z ///:// y 6 :....: el°1"(CY:0 ''\N-\\\)\/11'j/...\\\:. \ \ / ./ ..10. .t. \ N.1 I,'' Ns: 0 . .,› *8 it ?, , - .. C:\>#/z<e;#,// f04 },• n s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW JERUSALEM CHURCH [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 101 Bishop Thoroughgood Avenue (GPIN 2417537514). COUNCIL DISTRICT — BEACH MEETING DATE: August 4, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a three bedroom single-family home located in the Seatack neighborhood. The 2,719 square foot parcel is zoned R-7.5 Residential. City records indicate the home was constructed in 2004. The maximum occupancy for permitted guests on-site after 11:00 p.m. for a three bedroom home 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 in the Seatack neighborhood which is comprised predominately of single-family dwellings. The submitted parking plan shows the three required off-street parking spaces will be met on site, two located in the driveway and one in a garage. Staff believes that all other requirements of Section 241 .2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 101 Bishop Thoroughgood 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 the City Council. New Jerusalem Chuch 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 Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the 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. New Jerusalem Chuch 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 a 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 (a.L City Manager: 9 1B Applicant&Owner: New Jerusalem Church Agenda Item Public Hearing:June 10, 2020 City Council Election District: Beach 18 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation _ Carve.Avenue n�Bea�hB e Bloom parkway Vrr9e , '` Approval - t J J N i 7 o n d fS. Staff Planner o n Loretta land; Antionette Fowikes MiItersLane11. Location Soil,n ern B011levartt Nark-Avon 101 Bishop Thoroughgood Avenue Jackeon Strati 0 GPIN w— i 2417537514 '" § Preserve Drive f BeaU h Gannet Run Site Size Goose Lancing 2,719 square feet ,- Existing Land Use and Zoning District Owls Creek Lane Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings/ R-7.5 Residential r ,t F r �,s South ,v. o-, , j j ` Bishop Thoroughgood Avenue • J .+ Single-family dwellings/ R-7.5 Residential .'R ro . ,- '-e , East y3, ` Longstreet Avenue ', \` ; 9 L 'A * Single-family dwellings/ R-7.5 Residential • ".ter t West Single-family dwellings/R-7.5 Residential ,r• 0 \" Ir ,may, - t' ; ; ' ' s 4.r New Jerusalem Church Agenda Item 18 Page 1 Background & Summary of Proposal Site Conditions and History • The approximately 2,719 square foot property is zoned R-7.5 Residential District and located within the Seatack neighborhood. • City records indicate that the single family dwelling was constructed in 2004. • Staff inspected the site on March 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 or previous City Council actions were found for this property. Short Term Rentals in the Vicinity Nib `` o JP - ir" ;i II • C •b es Wby II II St ��it.o 13 4,eA tli r7. �� '- 1..wiarfi roe ' $ IOr-4*e./ JIIIIII_V O4r4is' 4° ". Jensen--Pthil 4# WOW,' 1ar11111111E — ...'M'\../� AIIMII 111 11M - ims STATUS 1 ' r .==l 1M E { Approvee _��.;,`v„z_.uwI �� ii . De under Review nOtVre l�� ` h1�■��y�� fl1 O Registered L "7 1 E 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: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 New Jerusalem Church Agenda Item 18 Page 2 • Number of parking spaces provided on-site:3, ( 1 is located within the garage) R•7Y A. / - --..............\\ (F 4`'4S • Zoning History R-7,5 4 , A�2 \ R-7.5 # Request 1 NON( Expansion of Nonconforming Use)Approved :7/ `� '4' 10/16/2015 2 MOD(Modification of Existing Conditions for Religious Use) 2 , �/ \ Approved 11/01/2016 R-7 sdr, 3 MOD(Modification of Existing Conditions for Religious Use) ,_iiiilip It-z., �,�F° Approved 11/01/2016 oQ - .✓ R-7-5s R-7.5 . . R-7 S.R•S9 Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance 1 LUP-Land Use Plan REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance STR-Short Term Rental CRZ-Conditional Rezoning STC—StreetClosure SVR—Subdivision Variance Evaluation & Recommendation The applicant is requesting to operate a three-bedroom Short Term Rental (STR).The property is located in the Seatack area of Virginia Beach,which is home to a mixture of residential building types, mostly single-family homes and duplexes.Three off-street parking spaces are required for the proposed three-bedroom Short Term Rental.The applicant is planning to meet this requirement by parking one vehicle in the garage and two in the driveway,as shown on page six of this report.The Zoning Administrator reviewed the parking plan and deemed it acceptable.All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant.There is no known opposition to this request. 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 101 Bishop Thoroughgood 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 the 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. New Jerusalem Church Agenda Item 18 Page 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 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 a 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. New Jerusalem Church Agenda Item 18 Page 4 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on May 8, 2020. • 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 the request and the date of the Planning Commission public hearing on May 22,2020. • 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020 and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. New Jerusalem Church Agenda Item 18 Page 5 Site Layout & Parking Plan IIP AV 4923' E 37.5' g6.lo0o0FNc0EX 2 r 1 X r i F•. • 1 . I 22.7 ❑ HVA/C co ' 2-sT-F a `� - # 1o1 '` �. a V 1 I o 11.2' v) t / 1 i . :. ,. i. .. ., . . • ` .Z5.0' $/ ' • • '..' : - : **, S7 / . '' it •• y • . . ,y.9t :'•, . C` Aa•t11'2 " lit__ ,j\ New Jerusalem Church Agenda Item 18 Page 6 Site Photos \ , 1'. 41,t( �v,'- - 1---- - s �';.' - , Si I ta V f e T —1u. 5:r.. i__ fr v - m o 5 f -_- -- _- 01, , , , ,140 ,,,r, .._ _,..i., New Jerusalem Church Agenda Item 18 Page 7 Site Photos tiriz .— _ r f — r,Al . ti 4• -= -. F Litin. "" • t r%,-----=, ' .-_-7-,--- . ,., J ems' ■.. • New Jerusalem Church Agenda Item 18 Page 8 Disclosure Statement VB Virginia Beach APPLICANT'S NAME AEA W' i-ES 1 CHN .L 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 A eals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any 1 Page 1 of 7 Plannin.Commission and Cit,Council meetin.that pertains to the a;--,lication(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: w,titAAVDIANIL ❑ NO CHANGES AS OF DATE: 1t2111,0 i132L- Fv2 0 REVISIONS SUBMITTED DATE J New Jerusalem Church Agenda Item 18 Page 9 Disclosure Statement ,)0 - :NB Virginia Beach .i Check here if the APPLICANT 15_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:1AL 3--L WALLY`_C"L-11-C K 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) S-%r1140/4 2 AL_EZ%U) 1.A'n1 `-A'?ZNI (=e:0 (aE 'P' 4 30s .S;)a t_...7Yt n r,a� (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 7.;.•,/ omplete Section 2 only__il Property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. IK 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:1 2_a4r11.ZL.h3'_l__L i\, >N (. I\ If an LLC,list the member's names: Page 2 of 7 New Jerusalem Church Agenda Item 18 Page 10 Disclosure Statement 71/41/B Virgini,Beath 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 entityrelationship' means 'a relationship, other than parent-subsidiary relationship,that exists when(it one business entity has a controlling ownership interest in the other business entity,(n)a controlling owner in one entity is also a controlling owner In the other entity.or (hi) there is shared management or control between the business entities. factors that should be considered in determining the existence of ar 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 aoolication 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 APPI ICAN t ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SIPERATELY Page 3 of 7 New Jerusalem Church Agenda Item 18 Page 11 Disclosure Statement APPLICANT Virginia Beach YES n SERVICE I I PROVIDER fuse additional sheets If l needed)_ artr ® Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner O ® Contract Purchaser(If other than the Aaplkant)-Identify purchaser and purchaser's service providers _ Any other pending or proposed ❑ Fri purchaser of the subject property Ak (Identify purchaser(s)and purchasers service providers) ElEl Construction Contractors 74.`ingtneers/Surveyors/Agents or -J6 (,rrt Financing(Include current '30%7 „-I lbprrt)C mortgage holders and lenders i selected or being considered to provide financing for acquisition or construction of the property) —- 0 Legal Servkes _ Real Estate Brokers/ ❑ ® Agents/Reahors for current and anticipated future sales of the , subject property _ - SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO oes an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development Contingent on the subject public action? If yes,what Is the name of the official or employee and what is the nature of the Interest? '3 Cff=7C Ori \S A `n�E� `Z ) krro Q3S\ AS\off kr CI COI QEr. `IA ern CC OE ?LP i-4NIFiCI CohtMtSS - — Page 4 of 7 New Jerusalem Church Agenda Item 18 Page 12 Disclosure Statement AB Virginia Beach CERTIFICATION: I I certify that all of the information contained in this Disclosure Statement Form is I complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A . ti3k() L4NARE PRINT NAME TE Page 5 of 7 New Jerusalem Church Agenda Item 18 Page 13 Disclosure Statement 9/10/2020 disclosure statement_Page_6.jpg OWNER vitgiaia Basch YES NO SERVICE I PROVIDER Udeaadditional sheets tf l ❑ ® Accounting and/or preparer of your tax return - n ® Architect/Landscape Architect/ -- Land Planner ❑ Contract Purchaser(if other than 121. The Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchasers)and purchasers service providers) ❑ Construction Contractors • rir Engineers/Surveyors/Agents "i-tLk4)15 Financing(include current < © 7. ` mortgage holders and lenders gp�7 ttf� � selected or being considered to provide financing for acquisition I or construction of the property) ❑ ® I Legal Services Real Estate Brokers/ ❑ ,Agents/Realtors for current and anticipated future sales of the subject property - ,_ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO (Does an offidal or employee of the City of Virginia Beach have Ilan 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? W-1 l_C.JSct oc i- - ' e OS Al-ev- . PLStz rhE.riiiEit. Or J{51 /sr414t/ALI C-0<vv 1tSStibA Page 6 of 7 hops://mail.google.comimail/u/5/Minboxipro}actor--1 1/1 New Jerusalem Church Agenda Item 18 Page 14 Disclosure Statement Is-3 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 New Jerusalem Church 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. New Jerusalem Church Agenda Item 18 Page 16 II I _ I /. --- --- 4 et VP" , - til clirlp II) a) ,_ •, - 1 .311:H_MDTK-S1.1Evik4=-- _ct -47 /tt. 1 -- -- -1:__, : 2 - 1--- — sN \ ---r?--- —, -1>4)-- " 1 - . . c 113 c ‘ ;,. ‘..41-0-- -- -- = Y.o — . Cr'''-077-c -7- ",:t w %I . (,.) / / LO -.-N-- cot- -r tE .47-- 7--- -; /: <\\ ::: 12 t _ _= ,...._ II 4 - - . A 4, \ • • -1.. Fil: 11) _.:tir ., b..-, 1_1!. 4 4111 ' :C -_-ot 4 ''' a - .-.0 70_ - - - • :, - -- 4:0- \../ , ., ‘. ,. s ...4....11:17 ___4, ' --I ; ffiiiIL,\ I. d4ft? x 'az . • - ,--y i ,..,. ,...• , ... . ._ ...._, 4.3 , 4640 i • ___LI ---I I-'• .-- 2 - • i)lr / , , 1------ 1 (:,././.>, lir Tr,. ' re., iv,____ l•_....' -- , , pi 4 t-• •-_,-,- Ail 40 -ePi- , - -T-- ,,__-''.--k____ , r,..../ -.i ° -- L •Y---\-_-2.)--'. .--":1 _- ._.', 1.. 1 . . •-- w... 10 ns if iii , . - L,_ = -- _- . cl) las. 1 1 11S. , ' in '--"- = 1auCi .., - . 1 ode ' '-'-' CO I ..•1 I ' g 1 C3 I ------ -I d CC 41 C V E C i ' ,,..-- ,- . cr.) ii V' r, - 1— • • 0 0--) 113;1 1 co , II i , k— b.-,t------A Items# 18. New Jerusalem Church Conditional Use Permit(Short Term Rental) 101 Bishop Thoroughgood Avenue June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1 1. The following conditions shall only apply to the dwelling unit addressed as 101 Bishop Thoroughgood 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 the 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 Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the 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 4 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 a 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 0 1A 1--1- _________ ,,... OR ___ _ ---------" SU 03 OR OR `' e 37 41 \ 0 OR \ 110 1111.111 N A Site w%A Property_Polygons Austin Boyles & Star Boyles '�` 1804 Baltic Avenue, Unit E s Zoning Parking Lot Drive Aisle m=C111111Feet 1 I 0 510 20 30 40 50 60 S� �vw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AUSTIN BOYLES & STAR BOYLES [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1804 Baltic Avenue, Unit E (GPIN 24270722760000). COUNCIL DISTRICT— BEACH MEETING DATE: August 4, 2020 • Background: This 2,530 square-foot parcel is zoned OR Oceanfront Resort Form-Based Code District (ViBe Creative District). The lot consists of one townhouse dwelling in a row of five; all were constructed in 2019. City records note this unit as having 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 space per bedroom, or three spaces in this instance. During Staff's field visit to inspect and photograph the site it was discovered that the stormwater management facility that was constructed in association with this development was altered. The issue has been resolved and Condition #4 below is recommended to emphasize and ensure that the facility is properly maintained in the future. • Considerations: The site is located within the ViBe Creative District, which is home to a myriad of commercial and residential uses with an emphasis on arts and culture. The immediate surrounding area is a mixture of multi-family dwellings, duplex dwellings, single-family dwellings, and commercial uses. Furthermore, the property is within the resort area and is four blocks from the public beach of the Atlantic Ocean where Short Term Rentals are expected. The applicant's parking plan depicts three required off-street parking spaces, one in the garage and two 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. A condition is recommended that the garage remain available for use by Short Term Rental tenants. Furthermore, the property is within the boundaries of the Residential Parking Permit Program (RPPP) where on-street parking is limited. Consequently, a standard condition is recommended which limits the number of guest and temporary passes while the Conditional Use Permit is active. Additional details pertaining to the application are provided in the attached Staff report. There is no known opposition to this request. Austin Boyles & Star Boyles Page 2 of 4 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 1804-E Baltic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. Unless a field change or other form of site plan modification is approved by the Department of Planning and Community Development - Development Services Center Division, the required on-site stormwater management system shall be maintained as shown on the as-built site plan approved by the Planning Department on 07/25/2019 created by John E. Siren and Associates, dated 03/21/2016 (with an as-built date of 05/29/2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction," which is on file with the Department of Planning and Community Development within record numbers 2019-DSC-00257 and 2019-DDSC-009500 5. Unless a field change or other site plan modification is approved by the Planning Director, all required tree canopy, landscaping, and outdoor amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department, more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and Associated on 01-18-2017, shall remain in place and be maintained in good condition. 6. 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. 7. 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. Austin Boyles & Star Boyles Page 3 of 4 8. 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 multiplied by 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). 9. 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. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental 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. 11 .To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31- 26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 14.Accessory structures shall not be used or occupied as Short Term Rental. 15.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. 16.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 17.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. Austin Boyles & Star Boyles Page 4 of 4 18.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 20.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • 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 (42.._. City Manager: 9 NBApplicants& Property Owners: Austin Boyles & Star Boyles Agenda Item Public Hearing:June 10, 2020 City Council Election District: Beach 19 Virginia Beach Request Conditional Use Permit (Short Term Rental) t_ 250 Staff Recommendation - 2e th,,Ai Street 24ttr Street Approval J 2°N 5�;�et 29tdStree ri�.J21r`" - Street Staff Planner 22ndsr..t 23rd5tfeet _ - r �d t-- c , William Miller Street r Zest Street ,� Y y 20th Location D to 1804 Baltic Avenue, Unit E rit • Y GPIN hta6"c tt goototord Et�tc Stre•� Y 2427072276 • h wt.,r ,ath Street Site Size R Street St 2,530 square feet ,ath 7 I N 140 Street v 0 m t30 Street C _ tt take tn Stream th Street ''.�. ,. Or,r,e loth Street Existing Land Use and Zoning District 12 sequoia trial Townhome/OR Oceanfront Resort (Vibe District) Surrounding Land Uses and Zoning Districts / ` ' ; , North "lir --- Single-family dwelling/OR Oceanfront Resort {SQ�SA`eet .:i A 't 0 (Vibe District) ta'�tt� I. + " } 'i V South w a4 ',, Townhomes/OR Oceanfront Resort (Vibe ! r '_� �,* i• District) 1 t .S _ . ,, 0 East , vq 3," s.k t :�, Baltic Avenue .-.: ..s�' • F€.� p ,' ' , 14 ,, Commercial (Funeral Home) /OR Oceanfront " ,. ,' , sj t 04_ Resort (Vibe District) fe ° }` _ \ West ` teat • • Commercial (Craft Brewery)/OR Oceanfront 44"�4„f �' a Resort (Vibe District) 4 4 lar `. it 1 .-.-t' Austin Boyles & Star Boyles Agenda Item 19 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 2,530 square foot parcel is located within the OR Oceanfront Resort Form Based Code District (Vibe District) • A total of one townhome is located on this lot; there are five townhomes on this row. • According to City records, this dwelling was constructed in 2019. • No previous zoning violations relating to Short Term Rental use were found associated with this address. • The Department of Planning and Community Development approved the stormwater management plan associated with this site.The approved stormwater management system, which continuously runs north/south and is located under the western portion of all driveways associated with this development, was previously altered without city approval.The alteration involved the placement of unapproved compacted gravel over the stormwater management system. Fortunately, most of this issue was resolved previously during the Short Term Rental Conditional Use Permit process undertaken by neighboring unit owners. As a result, only a small area located at the systems northern reach was still covered by unapproved gravel. This area is located on the lot associated with this Conditional Use Permit request. On March 3, 2020, the applicant was advised to contact a Development Services Center (DSC) Staff Engineer for guidance relating to corrective measures. On March 10, 2020 the applicant spoke with the appropriate DSC Engineer and was approved to use an alternative material type. In this instance, the DSC engineer approved the use of a mulch bed over the stormwater management area in question. On April 22, 2020 the applicant provided photographs to Staff verifying the issue was resolved.To ensure the stormwater management system is properly maintained in the future, condition #4 is recommended. • 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 issuance of guest and temporary RPPP passes. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. Austin Boyles & Star Boyles Agenda Item 19 Page 2 Short Term Rentals in the Vicinity Yd 1 )l)l)) t �) ~ IC� 1 ��) tree wei \ —i \_ \\,, . . \\------- \_,,,,, . , tet_--\\--------Ut -:---\7 0%.4\------- / ,'. a ,: \\tit-4,311i ,-----,-- ' I �_L 4 c 1. ,1J$"- I —_I ��4ae Z\ A\-_ M A-1 _-1- \ i' - j C ,(,4p_.:,:\. t , �,CS_ oC jib 1t-- _. 1.STATUS ' �. 3``"--�C l C , • et'�_ C ® Approved 1' . -Al\- I 0 Denied 11•A rA\ C �._ L �j Under Reviewi�r114 ail. s . —"11] (jam/,�� / O Regist.. i . - t'i ram,, \ — .,--1 •iYl./I� ,, / 1-' 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: 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 on-site: 3 (2 in the driveway and 1 in the garage) Austin Boyles & Star Boyles Agenda Item 19 Page 3 Zoning History Vita\ # Request • 1 CUP(Craft Brewery and Open-Air Market)Approved OR n 1 OR \ 11/07/17 1\--V 2 STR(Short Term Rental)Approved 02/04/2020 ' S 3 STR(Short Term Rental)Approved 02/04/2020 ``1 — 4 STR(Short Term Rental)Approved 02/18/2020 3 — ' s 5 STR(Short Term Rental) Pending CC hearing w .��` 6 STR(Short Term Rental) Pending CC hearing 7 NON (Expand roof of nonconforming duplex)Approved 04/28/1992 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 site is located within the ViBe Creative District, which is home to a myriad of commercial and residential uses with an emphasis on arts and culture. The surrounding area is a mixture of multi-family dwellings, duplex dwellings, single- family dwellings, and commercial uses. Furthermore, the property is within the resort area of the city and sits four blocks from the public beach of the Atlantic Ocean. The applicant's parking plan depicts three required off-street parking spaces; one in the garage and the others in the driveway. As permitted by Section 241.2 of the City Zoning Ordinance, the Zoning Administrator reviewed the Parking Plan and deemed it acceptable; however, a condition is recommended that assures the garage will remain available for the Short Term Rental occupants.Together with the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals, another condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest and temporary passes through the program 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 1804-E Baltic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. Austin Boyles & Star Boyles Agenda Item 19 Page 4 4. Unless a field change or other form of site plan modification is approved by the Department of Planning and Community Development- Development Services Center Division,the required on-site stormwater management system shall be maintained as shown on the as-built site plan approved by the Planning Department on 07/25/2019 created by John E. Siren and Associates, dated 03/21/2016 (with an as-built date of 05/29/2019),and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction," which is on file with the Department of Planning and Community Development within record numbers 2019-DSC-00257 and 2019-DDSC-009500 5. Unless a field change or other site plan modification is approved by the Planning Director, all required tree canopy, landscaping, and outdoor amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department, more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and Associated on 01-18-2017,shall remain in place and be maintained in good condition. 6. 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. 7. 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. 8. 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 multiplied by 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). 9. 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. 10. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental 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. 11. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. Austin Boyles&Star Boyles Agenda Item 19 Page 5 14. Accessory structures shall not be used or occupied as Short Term Rental. 15. 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. 16. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 17. 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. 18. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 20. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present,carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • 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 the request and the date of the Planning Commission public hearing on May 22, 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020, and June 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 2020. Austin Boyles&Star Boyles Agenda Item 19 Page 6 • 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 31, 2020. Austin Boyles&Star Boyles Agenda Item 19 Page 7 Site Layout & Parking Plan 1804-E Baltic Avenue / 3-Bedrooms 20' ALLEY 24' PRIVATE DRAINAGE DR AtNA GE � —EASEMENT PER PLAT ST1tuCTURE---L (20' ALLEY PER PLAT) 1 23.92' 18.00' 1800' 18.00' 18.00' 2.1 o' 0 r. l /I DRAINAGE ,T [[' STRUCTURE ►Q. Ft. 111 ACfes >- I LI d 1 I I I 1 1 UJ zW I I I I §� 1;1 2 i Q r 5i 1 1 1 1 g ilg tO CS1 ! d 3 TN 'STORY ` £�!F1C1 & :e LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 0 FRAME - ik e 804E I <s In a 1(5 DRAINAGE STRUCTURE ---.. _-. - 7. - -- - - I taw' . 18.00 taco' , 18.00' 23 00' —B- ,4'PRIVATE DRAINAGE DRAINAGE EASEMENT PER PLAT STRUCTURE BALTIC AVENUE (60'RIGHT OF WAY PER PLAT) Concrete and 9' x 18' parking space j 9' x 18' parking space brick driveway in the driveway in the garage Austin Boyles& Star Boyles Agenda Item 19 Page 8 Site Photos - '' ,. . _ yy A �`ygjyjii i , Ili I!_III ,I�_ ii 1, irk. del I lii1, ME 1111115 4 a o ( a I + ' ■ ' �e J i`I 1. ---,1— - , 1flll. I� — / F • II _ _ _ =I 1 _ 4 . . . ---.-.. yip., . ,., p!A, ra , a �� . 2, , .,. , . , , '"_r r t it f N Austin Boyles & Star Boyles Agenda Item 19 Page 9 Site Photos j Y` F' DO DLI •i' I1 ■V ■ • r iiil . d - 4 &- Fj *4 ' 13 __ 411sii r _ • 414i, ;mac $�*.� ��;.`�. . *� ,�Y.... j � d .41.1111 ,:--"I- &•--- , 4--;-/ -117-;I '--' i....,...t*i - \----..)-‘11._____\: vl\\ \ _ �` , \ Y *.''` rs ter _\ Approximate area of unapproved compacted gravel,which covers the end/beginning of the underground stormwater management system. The system runs north/south under and between the paver portions of all the driveways in this development. Issue Austin Boyles&Star Boyles addressed by the applicant—see new photographs on page 10 of this report Agenda Item 19 Page 10 Site Photos ;-- R r � Q.4 .11'" 4:/''k4)'.11'111°1‘4°‘.V"1111004-": 4., „,._ _ i — c.°' � , _. . ., _____ , ..,....,_ , ,i,_- 3 ._ ism �YjN _ , .... fir^ . . �S / .... , , i' % `' , / / , /� , /- -/ <''-/:;?1 i // / .\. .., ,_ - .----">-' , ...1* / ., '41111111011111111:400,4111Y ..„ . pp, �\ <crr N ,< \ Stormwater Management System restored with DSC approved material on April 22, 2020 Austin Boyles & Star Boyles Agenda Item 19 Page 11 • Site Photos r • 111, } f immer ,n, -Immo )1 ira Austin Boyles&Star Boyles Agenda Item 19 Page 12 Street View w46.1 4 d d ' I 't - I <s t a Street photograph captured by Staff on March 6, 2020 Austin Boyles& Star Boyles Agenda Item 19 Page 13 • Disclosure Statement 'Virginia Beach APPLICANT'S NAME R &4i P DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure _(Historic Review Board)_ Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meetina that pertains to the application(s). ® APPLICANT NOTIFIED OF HEARING DATE: June 11,2020 -WM ® NO CHANGES AS OF DATE: June 12,2020 -WM REVISIONS SUBMITTED _ DATE: WiU. GGEniMLU.erJune 12,2020 Austin Boyles & Star Boyles Agenda Item 19 Page 14 Disclosure Statement Virginia Beach V Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. CCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC,list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 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 Austin Boyles&Star Boyles Agenda Item 19 Pane 15 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. N • 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 Austin Boyles & Star Boyles Agenda Item 19 Page 16 Disclosure Statement APPLI CANT/pwn, Virgmia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) f `�� Accounting and/or preparer of Self(Star Boyles,1 1 your tax return ® Architect/Landscape Architect/ Land Planner Contract Purchaser Of other than pqthe Applicant)-identify purchaser and purchasers service providers Any other pending or proposed purchaser of the subject property (Identify purchasers)and purchasers service providers) ® Construction Contractors O Engineers/Surveyors/Agents ALPHAT Financing(include current I ( L5 rfaGO ® mortgage holders and lenders �!V ty1 selected or being Considered to M CAGE provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers/ I ® Agents/Realtors for current and Ianticipated future sales of the subiect oronertv SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the Cky of Virginia Beach have El Elan 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 Austin Boyles&Star Boyles Agenda Item 19 Page 17 Disclosure Statement /B Virginia React. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A licati A.--,.: - T1 K , 0y(CS 211�1� APPLICAN 'S SIGNATURE PRINT NAME D TE APPLICANT AND OWNER Page S of 7 Austin Boyles& Star Boyles Agenda Item 19 Page 18 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. Austin Boyles&Star Boyles Agenda Item 19 Page 19 STR VICI -__ ITY MAP AUSTIN AND STAR BOYLES — 1804 BALTIC AVENUE, UNIT E a '-' -eat �- , ' .'vt\,\));, ----- \c \ t , \-- ` tip, ' a tfe 1~ '� � .. ......:-_1 i\t. t t ti c_______ { tre01.1_,e t yo .3D. b \ . ` �r t_--\----,-1 A_ __--:' ' _ coo 1 °trek_ _ ' '•► - _ _` ` ; \...-\ -- . `. -..1 \.I - ' 6:11________7,__________----1. \- - ". 1 3:4;57- ' 7'. V--- ' c , ti -'� 14t�1�.�---�-, err � .� `- s_-- t _ , 11 \- ‘...__Lalc.• _-- '---_---\::‘---- V.,b6----1. \ " \ ' ---L--- --- \ IP 6t c__ STATUS �` , , � ‘ , --\ qgt� 0 Approved G ti \ • Denied h •fee Under Review o - t ' i, '\ 1 f S� 4 Registered �.----- t t 1 - • r Items#19. Austin Boyles&Star Boyles Conditional Use Permit(Short Term Rental) 1804 Baltic Avenue, Unit E June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 1804-E Baltic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. Unless a field change or other form of site plan modification is approved by the Department of Planning and Community Development - Development Services Center Division, the required on-site stormwater management system shall be maintained as shown on the as-built site plan approved by the Planning Department on 07/25/2019 created by John E. Siren and Associates, dated 03/21/2016 (with an as-built date of 05/29/2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction," which is on file with the Department of Planning and Community Development within record numbers 2019-DSC- 00257 and 2019-DSC-009500 5. Unless a field change or other site plan modification is approved by the Planning Director, all required tree canopy, landscaping, and outdoor amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department, more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and Associated on 01-18-2017, shall remain in place and be maintained in good condition. 6. 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. 7. 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 4 Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 8. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms multiplied by 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). 9. 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. 10. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental 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. 11. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 12. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 13. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 5 i 14. Accessory structures shall not be used or occupied as Short Term Rental. 15. 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. 16. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 17. 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. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 20. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 6 - T 3 ata __ RT-3 eves its • o � / `c oo) / 4 ,RT-3 ' '1/4(?r i i 1 ill\ R;T=3. 4%' kg , // i41 , RTT.=3t‘, _ 41,o -4111# et, dib 0) /6 ..- / RT-3 1 Avs 4011111k 4r Nr/ 4 ee A 4 14/...--- . Roar,-� R-7.5 / / N r A Site McLeskey & Associates W'V E Property_Polygons 409 Southside Road S Zoning Parking Lot Drive Aisle Feet Building 0 1530 60 90 120 150 180 ni. . C,./. H, f0 .rt N, ,u CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: MCLESKEY AND ASSOCIATES [Applicant] FWM RESIDENTIAL RENTAL PROPERTIES, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 409 Southside Road, GPIN (24272163370000). COUNCIL DISTRICT — BEACH MEETING DATE: August 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental in a single-family dwelling situated on a 14,409 square foot site within the RT-3 Resort Tourist District. City records show this three-bedroom home with construction year of 1964. The maximum occupancy for guests on-site after 11:00 p.m. for a three- bedroom Short Term Rental is nine. Three off-street parking spaces are required and provided, all within the existing driveway. • Considerations: The subject site is in the Rudee Heights subdivision, which is primarily home to single-family dwellings; however, this particular property is somewhat unique, whereas it's the only single-family dwelling located within the northern reach of the neighborhood and is flanked by a multi-family condominium development to its west and a marina to its east. Moreover, this parcel is approximately 400 feet from the nearest single-family dwelling and is within biking and walking distance to the southern end of the resort area. While reviewing the application, Staff discovered that two feet of adjacent Lot 18 appears to have been created without the benefit of a plat. As a result, condition #3 is recommended, which requires the applicant to provide proof of legal lot recordation or submit the appropriate subdivision plat to the Development Services Center for review. The applicant's parking plan depicts three required off-street parking spaces; all within the driveway. In addition, 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 are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. McLeskey & Associates Page 2 of 4 1. The following conditions shall only apply to the dwelling unit addressed as 409 Southside 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. A copy of the deed of origin or the subdivision plat of origin showing the legal division of 2-feet of the western portion of lot 18 shall be submitted for review to the Development Services Center Division of the Department of Planning and Community Development within 30-days of any favorable City Council vote relating to this request. If it is found that 2-feet of the western portion of lot 18 was subdivided in violation of applicable laws at the time of its creation, then a subdivision plat must be submitted for review and recordation. In this instance, the proposed subdivision plat must be submitted to the Development Services Center Division of the Department of Planning and Community Development within 90-days of any favorable City Council vote relating to this request. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms multiplied by three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4- 1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and McLeskey & Associates Page 3 of 4 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.A11 refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11 .Accessory structures shall not be used or occupied as Short Term Rental. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department L McLeskey & Associates Page 4 of 4 f City Manager: i Applicant: McLeskey & Associates Agenda Item Property Owner: FWM Residential Rental Properties, LLC. Public Hearing:June 10, 2020 20 , l„ City Council Election District: Beach Virginia Beach Request Conditional Use Permit (Short Term Rental) r v Norfolk Avenue Staff Recommendation -I"`'t 9d`Street Street $nApproval tnMtri acee9 ar\andAv Ave:9: a I wa S --ir - qi °V ae°Ayes„ewe $ Staff Planner --t; carN,ghPO'n,Avenue �—T `errace Asa" Avenje \Aft 011set William Miller �„nston 3,dsued. A C Avenue Location G...t. 0r sbO0 A''en�e 409 Southside Road G dy Avenue ,[m, Ka Q9 d> c 4, G P I N e�` m c° 2427216337 / se1 Site Size 14,409 square feet : ct / yGoatan Road V \ \. Existing Land Use and Zoning District \ - Single-family dwelling/ RT-3 Resort Tourist Surrounding Land Uses and Zoning Districts North Old Rudee Boulevard "` \p- 1yC Vacant land and General Booth Blvd./ RT-3 0 I. e 9y Resort Tourist ; ;. ; ._ - • _ South �a 1 �, r (� Rig �, Southside Road , „, ,, ,, ' Marina and parking lot/ RT-3 Resort Tourist '' I Ja e#°e East , cr�P y . o Vacant land / RT-3 Resort Tourist ' '. ��'k * ~ ,r, West �� Multi-family dwellings/A-36 Apartment k24?° �` R J OK i.. r `i y` -5p r rt aPe9oM *{a + �" �qo 9 cif ..,!�_i ` -• f•. ifI It, McLeskey& Associates Agenda Item 20 Page 1 Background & Summary of Proposal Site Conditions and History • This property is located within the RT-3 Resort Tourist District and is composed of multiple lots which, when combined, is approximately 14,409 square feet in area. • The site contains one single-family dwelling. • According to City records, the subject dwelling was constructed in 1964. • On February 28, 2020, an erosion and sediment control plan was submitted on behalf of the property owner to the Development Services Center division of the Department of Planning and Community Development. The property in the submitted plan is described as 5.83 acres of land situated at the northern end of the Rudee Heights neighborhood. The area within the proposal includes 409 Southside Road, which is the address of this Short Term Rental request.The project narrative accompanied with the submitted erosion and sediment control plans state, "the redevelopment shall demolish the existing commercial and residential buildings, roads and parking lots for a new community development consisting of a hotel, residential apartments, restaurant and marina." No other known submittals relating to this project have been received by City Staff at the time of this writing. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day, therefore overflow parking beyond the minimum on-site spaces required, could occur within the public street. Short Term Rentals in the Vicinity t� ch 11.4 Ole , 1 7 ♦ ‘ � ♦ Via/ �.�' A\At, STATUS Approved Denied � 11111% • —1 G i) Under Review ! /6\A Registered j/-A McLeskey& Associates Agenda Item 20 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: 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 on-site: 3 C 4, OR 'RTJ \w.)� Zoning History - —' \ # Request ., 04 1 CUP(Recreation Facility- Fishing Center)Approved RT-3 \ �` e � 05/12/1975 f �▪ • m°, oev CUP(Recreation Facility Fishing Center)Approved \' T3 / e s 3 , 01/28/1980 R �! CUP(Recreation Facility-Fishing Center)Approved U 2 .oO a \ 03/14/1983 36 CUP(Marina—Boat Slips)Approved 04/09/1991 RT4 �e ., R`ae"0 R ' CUP(Marina—Additional Boat Slips)Approved 07/01/1997 Z `" \. 2 REZ(From Rt-3 to A-36)Approved 09/14/1999 �= L?, t? RJA Ras Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The subject site lies within the Rudee Heights subdivision, which is primarily home to single-family dwellings; however, this particular property is somewhat unique, whereas it's the only single-family dwelling located within the northern reach of the neighborhood and is flanked by a multi-family condominium development to its west and a marina to its east. Moreover, this parcel is approximately 400-feet from the nearest single-family dwelling and is within easy biking and walking distance to the southern end of the resort area. While processing this Short Term Rental request, Staff discovered that 2-feet of the western portion of lot 18 appears to have been created inappropriately. As a result, a condition is recommended that requires the applicant provide proof of the lots legal recordation or submit the appropriate subdivision plat to the Development Services Center Division of the Planning Department for review.The applicant's parking plan depicts three required off-street parking spaces; all within 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. Furthermore, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. McLeskey& Associates Agenda Item 20 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 unit addressed as 409 Southside 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. A copy of the deed of origin or the subdivision plat of origin showing the legal division of 2-feet of the western portion of lot 18 shall be submitted for review to the Development Services Center Division of the Department of Planning and Community Development within 30-days of City Council approval. If it is found that 2-feet of the western portion of lot 18 was subdivided in violation of applicable laws at the time of its creation,then a subdivision plat must be submitted for review and recordation. In this instance,the proposed subdivision plat must be submitted to the Development Services Center Division of the Department of Planning and Community Development within 90-days of any favorable City Council vote relating to this request. 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 multiplied by three)on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. McLeskey&Associates Agenda Item 20 Page 4 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • 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 the request and the date of the Planning Commission public hearing on May 22, 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020,and June 26, 2020. McLeskey&Associates Agenda Item 20 Page 5 • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. McLeskey & Associates Agenda Item 20 Page 6 Site Layout & Parking Plan OLD RUDEE BL VD 70 R/W 102.00' r t : • .; . • • , : .„. ... 1 ...., 1 . \\ 1 : , ....„, \ _ . - ._....int, ( 3 18 17 L 2 18 � N o �0 N - _ � J .—X-- O • o LIN I 24.6' a C6.1')14/k Concrete driveway I y 1-ST-BR 1 I . • 4 11 lo 15.1' 9 x 18' parking space I t 12.8'^ `_ ^12.9t 19.9' I r f �� pE soU 5oS�R/w 409 Southside Road / 3-bedrooms McLeskey& Associates Agenda Item 20 Page 7 Site Photos 4 '' /L r{' J . ‘; _R Arm i u e••III .. ',• y ` J.1;1bu k O t { - i fhb ..► -=- s"C.tw.• 3 i•fi .Mr T� G R � e # t,ei bra' reir �..`�'t �ICA�e f i ..� ,.0 . z..•--`tom VI1k' 03 4-. t• 0,I10 1'►,? :3 .,.gy #17.40 i -"• It-.71 .:•.-":46,74.,_'Nil.'6; ,..!, t. /,..lir, ',5;itilVi-iiacr.:42*.tr. McLeskey &Associates Agenda Item 20 Page 8 Street Views y * t`1 � , 0. —t---, - ..t. .4. • • t. l — — 11011�x._ ., � _ , . s - , a �' '''- - v-L • ,s:-, _ ia �` ''fit.` $' ' f5 I. - - 4 4 Street view photographs were captured by Staff on March 6, 2020 McLeskey &Associates Agenda Item 20 Page 9 Disclosure Statement w\B Virginia Beach APPLICANT'S NAMEM`I &A"Miates • 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: I 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 IjEDIP) Board of Zoning Encroachment Request Rezoning A peals — Certificate of Floodplain Variance Appropriateness Franchise AgreementStreet Closure Historic Review Board) Chesapeake Bay 1 ___ Preservation Area I Lease of City Property Subdivision Variance Board Conditional Use Permit 1 Ucense Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two C2)wee is pi-or to any Page 1 of 7 'tannin Commission and City Council meetin that.ertains to the application s). r ® I APPLICANT NOTIFIED OF HEARING DATE: June 11,2020 -WM ® NO CHANGES AS Of DATE: June 11,2020 -WM rl REVISIONS SUBMITTED DATE IV i,1.lia 11/MW.er - June 11, 2020 McLeskey& Associates Agenda Item 20 Page 10 Disclosure Statement Virginia Beach CCheck here if the APPLICANT_iS NOT a corporation, partnership, firm, business,or other unincorporated organization. !nl Check here if the APPLICANT_1,a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:McLeskey&Associates 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) Cheryl P Mcleskey.William A Wilcox (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See Attached See next page for Information pertaining to footnotes t and 2 — SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only itmwrAyowner I dlferent_from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. IX Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THAN_,complete the following. (A) List the Property Owner's name:FMW Residential Rentals, LLC If an LLC, list the member's names:Cheryl P.McLeskey,William A.Wilcox Page 2 of 7 McLeskey&Associates Agenda Item 20 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) See Attached t "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. f-- 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 An 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 3of7 McLeskey &Associates Agenda Item 20 Page 12 Disclosure Statement 4' APPLICANT vttginia Beach • YES I NO 1 SERVICE PROVIDER am adddansl stows r - --- your ACoountinp and/or praparer of tax return ❑ Z ArcMtect/landscape Architect/ Lard Manner ❑ Contract Purchaser(if other than • the Agglicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ " purchaser of the subject property (identify purchasar's)and E purchaser's service providers) Construction Contractors CEngineers/Surveyors/Agents - IFlnandng Onciude current n mortgage holders and lenders selected or being considered to provide financing for acquisition o or construction of the property) • Legal Services Real Estate Brokers/ ® Agents/Realtors for current and anticipated future sales of the subject • •SECTION 4.KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO r Does an offidal or employee of the City of Virginia Beady 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 McLeskey& Associates Agenda Item 20 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 40/41,1 APPUCANVS SI A PRI NAME f ATE / Page 5 of 7 McLeskey & Associates Agenda Item 20 Page 14 Disclosure Statement OWNER Virginia sew YES NO SERVICE I PROVIDER<eM additional shoats if l� need hes 4 n Accounting and/or preparer of Goodman H� 'won your tax return — ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(i othe_r tin ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors -_ ZE Engineers/Surveyors/Agents Fox Land Smveryors Financing(include current n l mortgage holders and lenders �� selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ lNI Agents/Realtors for'current and I anticipated future sales of the subject ro 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 6of7 McLeskey&Associates Agenda Item 20 Page 15 Disclosure Statement viginfa 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, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Iication. PROPERTY OWNER'S SIGNATURE PRINT NAME J D E i Pape 7 of 7 McLeskey& Associates Agenda Item 20 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. McLeskey&Associates Agenda Item 20 Page 17 STR VICI 7 ITY MAP MCLESKEY & ASSOCIATES — 409 SOUTHSIDE ROAD i �. �v -tit , .-' . / p1`-- - 1 1, r >> 0 _ -_-tr-,,..AA:\ .,,,,, ,----.)-.\---'0\ '''' .,., '' ,\ \__ ,- , ., _ t: \\. , , s , 11\ \ V - \''. 3 SN, \ \igil :\ i\U \ Ito, to ok - 111 , . " \\ 2\yr e ^,rl A -,,\I II ,:---7 4--"" li ii ,i 4, r 441011rAl• . . .•r.�11oik iiiip`• 2>,, `</ w-u. *i.7,, eiv4P .,,,4Y/ -* - ,§: 4. 4, . ' ' &owe.. „. ..ir.t. r p er+. !'*+�' ' .:,..t . 1 STATUS - O • r ' . Approved Denied ' `1 Q Under Review Abluiluirw r-y-1 Items#20. Mcleskey&Associates[Applicant] FWM Residential Rental Properties, LLC[Owner] Conditional Use Permit(Short Term Rental) 409 Southside Road June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 409 Southside 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. A copy of the deed of origin or the subdivision plat of origin showing the legal division of 2-feet of the western portion of lot 18 shall be submitted for review to the Development Services Center Division of the Department of Planning and Community Development within 30-days of City Council approval. If it is found that 2-feet of the western portion of lot 18 was subdivided in violation of applicable laws at the time of its creation, then a subdivision plat must be submitted for review and recordation. In this instance, the proposed subdivision plat must be submitted to the Development Services Center Division of the Department of Planning and Community Development within 90-days of any favorable City Council vote relating to this request. 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 multiplied by 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. 4 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 5 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. 6 . // a -3�6* b. R-.7.5 ��k 'Nye o�• r.� °i�tR� �o� RT-3 o \r as •ate O ` O 0 �� i .v. 4 / O cb ,�j Alppv° ,„vi 4sillir'' , ct .W.5 R75 U R-7.5 / )01, 0.' Wr , 4 , / 4 , /4"04.*„ alibliiiii ) Mir — ...., 1* All\ sh. / N F 1, Site w.a E Property_Polygons McLeskey & Associates ' 1%1' 441 Southside Road Zoning Parking Lot Drive Aisle IN==== l1M= ===1Feet Building 0 10 20 40 60 80 100 120 S yo7 �U' fSl t.• Si f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCLESKEY & ASSOCIATES [Applicant] FWM RESIDENTIAL RENTAL PROPERTIES, LLC. [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 441 Southside Road (GPIN 24272140010000). COUNCIL DISTRICT — BEACH MEETING DATE: August 4, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a three bedroom single-family dwelling located in the Rudee Heights neighborhood. The 6,037 square foot lot is zoned R-7.5 Residential District. City records note the home was constructed in 1988. The maximum occupancy for guests permitted on-site after 11 :00 p.m. for this 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 within the Rudee Heights subdivision, which predominately contains single-family dwellings; however, a multi-family condominium development and a marina are located just north of the subject property. In addition, this parcel sits roughly 1,200 feet from the public beaches of the Atlantic Ocean and is within easy biking and walking distance to the southern end of the resort area. The submitted parking plan shows all three required parking spaces are accommodated on site, two in the driveway in front of the home and one in a carport. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 441 Southside Road and the Short Term Rental use shall only occur in the principal structure. McLeskey &Associates 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. The covered parking space located under the main floor of the dwelling must remain a minimum of 9-feet by 18-feet, contain a minimum 9-foot wide vehicle entryway space, 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 Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms multiplied by three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. McLeskey & Associates Page 3of3 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term Rental. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department LA\a-- City Manager: NBApplicant: McLeskey & Associates Agenda Item Property Owner: FWM Residential Rental Properties, LLC. Public Hearing:June 10, 2020 21 City Council Election District: Beach Virginia Beach Request Conditional Use Permit (Short Term Rental) yia st`Qe` goye- it - Staff Recommendation �DQa,,,a,e" Aye,�ue Y I ‘ ^`a Approval �'e e a,'"'Aye^0 ^t pv a^ee y ° --^� a C H'9Se ice"e" a '.01g"eet Staff Planner E. A y i st`ee, William Miller c Goldsboro Mee ue b Location Ke^^edy pve^U i-r.:41 441 Southside Road 4„9 00 �o G P I N l7 fe. bye 2427214001 � a� Site Size aT f +GoadnRoad ° 6,037 square feet C s. v coas`a\a`V¢ __A\ti )-- Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North ti , Vacant lot/ R-7.5 Residential "' : y� South �"{ 00 yam Single-family dwellings/ R-7.5 Residential ,f �; A _ , 5� East . �, �`e alb:.~. 0o e 6 Single-family dwellings/ R-7.5 Residential +i� m Ra 0, #4,..tik. West ,' Southside Road , � . Single-family dwellings/ R-7.5 Residential h `' ' ; K :4 • * r. . � t, • 47 iilk. " 'it'' , / 11' '.r m,..,a, McLeskey &Associates Agenda Item 21 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 6,037 square feet and is located within the R-7.5 Residential District. • The parcel contains one single-family dwelling. • According to City records,the subject dwelling was constructed in 1988. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Staff inspected the site on March 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. Short Term Rentals in the Vicinity ti u 1 q � *6111 Sit III 1 ASP ''-' !414‘ fik I,. _7,1: ‘ov ri .t►� _.... .14,4t. ..* . so .., elp ..,. vi,8 0,/ A—Iiiii '. 1 diti ..,. . 4 i ..._ .m .. 0,,, ...E. , I ...:— ilir-at 0 •itt�a p- 4..'"44 %b,44441644 ems oat?. STATUS '/* - . • Approved m� / _ A IN • Denied . ; 4 O Under Review : :�'- O Registered ,• \, i9 i 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: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom):9 McLeskey&Associates Agenda Item 21 Pane 2 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 (1 in the carport and two in the driveway) kie ��\ R � y+eo`r o� p Zp'''' A le Zoning History ,< ,e' R,,.� 1 Al ,\ \ # Request IP7--, i �pa� \ j o0 �, „R ✓/ R7-3 1 REZ(From Rt-3 to A-36)Approved 09/14/1999 r - 2 2 CUP(Recreation Facility- Fishing Center)Approved �/ oP m �, 05/12/1975 I �'�,�j CUP(Recreation Facility- Fishing Center)Approved ''%`7 01/28/1980 w CUP(Recreation Facility-Fishing Center)Approved , i - -_ 03/14/1983 y // CUP(Marina—Boat Slips)Approved 04/09/1991 ;'` '4 CUP(Marina—Additional Boat Slips)Approved 07/01/1997 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 within the Rudee Heights subdivision, which is primarily home to single-family dwellings; however, a multi- family condominium development and a marina are located just north of the subject property. In addition, this parcel sits roughly 1,200 feet from the public beach of the Atlantic Ocean and is within easy biking and walking distance to the southern end of the resort area.The applicant's parking plan depicts three required off-street parking spaces; one covered space in the carport area under the main floor of the home and two within the remaining portion of 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 covered parking space 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. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 441 Southside 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. McLeskey& Associates Agenda Item 21 Page 3 3. The covered parking space located under the main floor of the dwelling must remain a minimum of 9-feet by 18- feet, contain a minimum 9-foot wide vehicle entryway space, 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 associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms multiplied by three) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. McLeskey&Associates Agenda Item 21 Page 4 17. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • 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 the request and the date of the Planning Commission public hearing on May 22, 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020, and June 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20,2020. • 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 31, 2020. McLeskey&Associates Agenda Item 21 Page 5 Site Layout & Parking Plan 50.80 29'48_ E( ) __ _ i----� Uncovered portion of the x driveway 21 x -1 Covered portion of the 74' '"'�1111111� ? driveway. This part of the -14 CO r i 4 ! driveway is located under the a LOWER _id main floor of the home, which a.t ENCLOSURE is built on a pile/pier foundation, also referred to as V.. n 'stilts' 0 :ST—F co- 1 15.0' w, .. :..�"-= -a 9' x 18' parking space in the ao .,,,— N uncovered portion of the r. 1. '"" 10.5' driveway 1, 4Piv �� 11 9' x 18' parking space in the 2ritDECK :. covered portion of the �� driveway I _ 4110 3 .1oc p0 ao a� � 5 9, 90 r 441 Southside Road / 3-bedrooms McLeskey&Associates Agenda Item 21 Page 6 Site Photos 4 I oil ir . . _Al NIII PerIlliiil 4 ! ► li\ 1 i 1 1111 'Oil , , .,� i , � - llif �•- I a @' _ IJI._ c ir; nik � I LI IMF — ;�. quill ems,. McLeskey&Associates Agenda Item 21 Page 7 Street View _ ! I _,, 'mi*pi; r, . 1::::_l 1":1• -1---;11 illi'611' -Mt: " Street view photograph was captured by Staff on March 6, 2020 McLeskey& Associates Agenda Item 21 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME McLeskey&Associates 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-1 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 Ucense Agreement Wetlands Board • S The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE F R CITY USE ONLY/Ad disclosures must be updated two(2)weeks prior to any Page 1 of 7 Mannino Commission and Ci'•.Council meetin that t ertains to the a lication(s) APPUCANT NOTIFIED OF HEARING DATE: June 11,2020 -WM (Bl NO CHANGES AS OF DATE: June 11,2020 -WM I El REVISIONS SUBMITTED DATE: WWAam.M%U,er -June 11,2020 McLeskey & Associates Agenda Item 21 Page 9 Disclosure Statement Virginia Beach nCheck here if the APPLICANT.IS_NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPUCANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:McLeskey&Associates 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) Cheryl P McLeskey, Wiliam A.Wilcox (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See Attached 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 NO7a 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:FMW Residential Rentals, LLC If an LLC, list the member's names:Cheryl P McLeskey,William A Wilcox Page 2 of 7 McLeskey&Associates Agenda Item 21 Page 10 Disclosure Statement �.r 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) See Attached 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 Qn 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 McLeskey&Associates Agenda Item 21 Page 11 Disclosure Statement 1/113 APPLICANT Virginia Beech YES NO L SERVICE PROVIDER WO additional sheets It needed)-Hughee -^_- ® El Accounting and/or preparer of QOOd"°n' 'DbcOn your tax return 111 Architect/Landscape Archhect/ Land Planner Contract Purchaser(if other than the Aoolinntl-Identify purchaser and purchaser's service providers _ Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors nEngineers/Surveyors/Agents Fox Land Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/— ® Agents/Realtors for current and anticipated future sales of the subject property — 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 pubik action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 McLeskey& Associates Agenda Item 21 Page 12 Disclosure Statement ..a ; 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. ,. \Aylit.t..4100 APPLICANT'S SI 1 PRIItI NAM 2°Aei E _ ATE L. Page 5 of 7 McLeskey& Associates Agenda Item 21 Page 13 Disclosure Statement OWNER Virginia Beach YES NO C SERVICE PROVIDER(use addkdonai meets it Accounting and/or preparer of Goodman.Hughes Dixon your tax return ri ICI Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than CEl the Aoolicant)-identify purchaser and purchaser's service providers -- Any other pending or proposed ❑ rr purchaser of the subject property 't (identify purchaser(s)and purchasers service providers) C ® Construction Contractors 1 El Engineers/Surveyors/Agents Volt land Yas 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/ r4 Agents/Realtors for current and anticipated future sales of the subject property -_ 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO DOeS an offidal or employee of the City of Virginia Beach have C 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 6 of 7 McLeskey& Associates Agenda Item 21 Page 14 Disclosure Statement Virginia Beach r - . r ZoSs- CERTIFICATION: } I certify that all of the information contained in this Disclosure Statement Form is tt 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 _ ..•.41.1.J ,�-�wiMw kfi_. 7_ w PRIMT NAME ! SATE •A4 1111.1rAMOrA Page 7 of 7 McLeskey& Associates Agenda Item 21 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. McLeskey&Associates Agenda Item 21 Page 16 STR VICI . ITY —___AP MCLESKEY & ASSOCIATES - 441 SOUTHSIDE ROAD -- j u. ' 1 15. __i_t____----\ _I1". W\- \ 3.d $ i' _1-i, 1 5 1 �Stleet Illai 9i, \, f,�\ Zn ' 4 t°*‘. lit - V ,------7 / _,L) A ..,, ii s ,/, fikl • R VP-,7.1,9,0e;.. ,,, 0 ,.. ..., ..„ Aroi -0,, .t, . a 1 ..____... ..... # % / -t.,...„./- - _ ge - ,,:,... 4,., N v 0. ,te, '.4 i A 01 - „;.° 0.44 47 0.,,i; ' .1,, . ...• rip',,00 .4 0.(t./* 42.1 p /4. h\,.. _ 04.404, ,:.4.. 41k* ./,(41&,. el .750411'..a____ _ STATUS � 4 .... ,,.... . ---- 1 /*` .6; - � •0r* oiap !Iii i VI iVila • Approved m Denied ,- . �*�r \011 a Under Review /"�. ti /4) �� ?°i[*� ,i 0 Registered ,ciptAanlivii ..-. ,tir --k '10 ::',00". 1 I r ---1. I I Items#21. McLeskey&Associates[Applicant] FWM Residential Rental Properties,LLC[Owner] Conditional Use Permit(Short Term Rental) 441 Southside Road June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 441 Southside 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 covered parking space located under the main floor of the dwelling must remain a minimum of 9-feet by 18- feet, contain a minimum 9-foot wide vehicle entryway space, 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 associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms multiplied by three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. 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. 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. 5 'CI-11\ IIPW ''''' \ \ \ 11' V\ 3A- 1 _2 0 „__ , hi , p____ ,1 n 1 ______ ..., ...;, 5, ,R.5D \ ' R.-5,D \ 111:\ _ t ''\T., ,o , \ ... ,,,,,,...,,,z,`� n N __... v____, , c.\\ ,0,, ,,„„______ _, ' or • R-'5 D/.4, Ate ..� ,, . .....j\poaiji._.e.._..___ f \ lig-11\1111 II i t liA °........vo%-\ 1 Stree ,,�,. 40-1 'R=5D ti\ kiii10011%,....--%� R_5D iikot i iiiiiiii -L, \ __ _:•,� _..., N r, A Site W Al1/, E Property_Polygons McLeskey & Associates 'V' Zoning 1405 Cypress Avenue, Units A & B S Parking Lot Drive Aisle — Feet Building 012.525 50 75 100 125 150 f.� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCLESKEY & ASSOCIATES [Applicant] RUDEE HEIGHTS PROPERTIES, LLC. [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1405 Cypress Avenue, Units A & B (GPIN 24179566910000). COUNCIL DISTRICT — BEACH MEETING DATE: August 4, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate two Short Term Rentals in a proposed duplex dwelling located in the Lakewood neighborhood. Permits have been issued for the construction of the proposed duplex. The 6,250 square foot site is zoned R-5D Residential District. Each of the proposed units will contain three bedrooms, for a total of six bedrooms when combined. The maximum occupancy for guests on-site after 11:00 p.m. for a three bedroom Short Term Rentals is nine, or 18 when combined. The minimum number of parking spaces required for this use is one per bedroom, or six spaces in this instance. • Considerations: This site is located within the Lakewood subdivision, which predominately contains duplexes and single-family dwellings; however, the neighborhood does contain some multi-family dwelling developments and includes a limited number of commercial sites. The submitted parking plan shows a total of six required off- street parking spaces; three spaces for Unit A and three spaces for Unit B. Two garage spaces will be used, one belonging to each unit. The remaining required off-street parking spaces will be within the proposed concrete driveway. The site is located within the boundary of the Residential Parking Permit Program (RPPP). As such, a condition is recommended that limits the number of RPPP parking passes to two and prohibits the issuance of guest permits and temporary permits through the program. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met. Condition 19 has been added to ensure the proposed duplex is built in accordance with the elevations and materials presented to the Planning Commission during the public hearing. Further details pertaining to the application are provided in the attached Staff report. One letter of opposition was received relating to this request. Concerns were raised about the activities of a Short Term Rental not being compatible with the surrounding residential neighborhood. McLeskey & Associates Page 2 of 4 1. The following conditions shall only apply to the dwelling units addressed as 1405 Cypress Avenue (units A&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 Council. 3. Each garage space within the units must remain a minimum of 9-feet by 18- feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and McLeskey & Associates Page 3 of 4 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. 19.The proposed duplex shall be built in accordance with the architectural elevations and parking plan submitted and on file with the Department of Planning and Community Development. McLeskey & Associates 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 b.j ,L... City Manager: 00 Applicant: McLeskey & Associates Agenda Items Property Owner: Rudee Heights Properties, LLC Public Hearing:June 10, 2020 22 & 2.3 cityoj City Council Election District: Beach Virginia Beach Requests 22 -Conditional Use Permit (Short Term Rental)—1405 Cypress Avenue, Unit A 23 -Conditional Use Permit (Short Term Asuo.� rr+0010'S1110 1 Rental)— 1405 Cypress Avenue, Unit B fool$11.111",111 Staff Recommendation t -.t' ` Approval ' _F �� `gig , igilli Staff Planner illilivoiM� 1 , s William Miller • _ i{� it ., ri �►�II Yiiiil!Locations 11h ,. `,,, „" �', ' M % y ° 10 1405 Cypress Avenue, Units A& B Norfolk A �, G P I N oh Soot---'` 2417956691 f,,,arc A"^"` ? _ A�,aue 605"e' Site Size ,.°aA „ea'�' ` `"' �S,reM 6,250 square feet "�p `� s Existing Land Use and Zoning District Vacant lot (proposed duplex)/R-5D Residential , -; , . Surrounding Land Uses and Zoning Districts 1 , €' North Duplex dwelling/R-5D Residential ' a„ � r, \,South % IV W !n-a `' t Single-family dwellings/ R-5D Residential '—. ; 4 ' ,^ East ' k, Duplex dwellings/ R-5D Residential V-+ West sere' , P k: 1i f .Y 14, zi . ,1 --rt. Cypress Avenue 0 _ f 1s- -. '' Single-family dwellings and duplex dwellings/ "'� - ;} R 5D Residential '-. * 4 :ec� ..', _ „E 1: .L s y ¢o 1 , itlio McLeskey&Associates Agenda Items 22 & 23 Page 1 Background & Summary of Proposal Site Conditions and History • The subject property,which is 6,250 square feet in size, is currently undeveloped; however,a new duplex is proposed for construction on the site. • On June 5, 2018 a site plan for a duplex was submitted to the Development Services Center division of the Department of Planning and Community Development (DSC). On January 3, 2019 the DSC approved the duplex site plans for the subject lot prior to the adoption of the Short Term Rental regulations. • Building permits for this duplex were issued by the Permits and Inspections division on the Department of Planning and Community Development on March 12,2020. • On April 22, 2020, Staff requested that the applicant provide an updated architectural elevation drawing noting the specific exterior material types proposed for use. Furthermore,staff suggested the use of higher quality siding, roofing, and the addition of small architectural accents to add to the aesthetic quality of the building. On May 1, 2020,the applicant provided the updated architectural elevations found on page 8 of this report. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Staff inspected the site on March 6,2020 and March 9, 2020 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary,where parking during the evening and overnight hours is limited on the eastern side of Cypress Avenue and all parking is prohibited on the western side of Cypress Avenue. Based on this, a condition is recommended that would bar the occupants of the STR from parking in the street during the restricted hours. Short Term Rentals in the Vicinity ' ..-" -- i �T l i• \_____v la, \ ,_� at °~. van`, - f ��,, 41 /111 i, A • isivw"--,,,..,datikli.....- likittli ' ' 0 i e , . , _ _ ___ . ..„ ___ i je. 7 i _.,,,,,..,_,,,,,,T,,,-,..„..,„„ir„.„ , zz,, „„„ ,..._____.... ..„ ,, _ „.....,, N , ..,..,.....„.. ,,,,„..r. ,,,,,,.. .„ t„,„,„. • STATUS 111 IA oAtAVOI at o at .4s'.�,.)i' 7 �,,��; sK—�� 1, ... _ __� • Approved 1� ts�� i R� — • Denied ,:it ., al�� l� l ,, O Under Review .{ Q Registered °—�.,':., *Ins 1Jk{es - `{ �11 _ y 0111._ McLeskey&Associates Agenda Items 22&23 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate two 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. 1405 Cypress Avenue 1405 Cypress Avenue Unit A Unit B Number of bedrooms proposed in the Short Term Rentals: 3 3 Maximum number of guests permitted on the property after 9 9 11:00 pm (maximum 3 per bedroom): Number of parking spaces required (1 space per bedroom 3 3 required): Number of parking spaces provided on-site: 3* 3* * Each unit has one parking spaces in the garage and two in the driveway. 1 "1s \'' '•"-- cR'SD 1iSsnsst iikil0 III_ite,\ s* • , ��' Zoning History # Request �j/ z/�� 1 STR(Short Term Rental) Pending CC hearing � J �\ ® 2 NON(Enlargement/entryway additions)Approved c IA I 4 06/14/2005 \. , _ _ _ , ,,,. 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 Lakewood subdivision, which is largely developed with duplexes and single-family dwellings; however, the neighborhood does contain some multi-family dwelling developments and includes a limited number of commercial sites.The applicant's parking plan depicts a total of six required off-street parking spaces; three spaces for unit A and three spaces for unit B. Moreover, two garage spaces will be used for the units (one parking space within the garage belonging to unit A and one within the garage belonging to unit B). All remaining required off-street parking spaces will be located within the proposed concrete driveway. Since the site plan for this duplex was submitted to the Department of Planning and Community Development prior to the January 2019 Short Term Rental ordinance adoption,the proposed garage spaces were counted toward the required off-street parking space minimum. As McLeskey&Associates Agenda Items 22 &23 Page 3 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 garages will be available for the Short Term Rental occupants.Together with the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals,another condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest and temporary passes through the program 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 units addressed as 1405 Cypress Avenue(units A&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 Council. 3. Each garage space within the units must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(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. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. McLeskey&Associates Agenda Items 22 &23 Page 4 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three(3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors(which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 19. The proposed duplex shall be built in accordance with the architectural elevations and parking plan submitted and on file with the Department of Planning and Community Development. 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. McLeskey&Associates Agenda Items 22&23 Page 5 Public Outreach Information Planning Commission • One letter of opposition was received by Staff relating to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • 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 the request and the date of the Planning Commission public hearing on May 22,2020. • 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19,2020, and June 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/citv-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 31,2020. McLeskey&Associates Agenda Items 22&23 Page 6 Site Layout & Parking Plan 1405 Cypress Avenue -- l Proposed concrete Unit A / 3-Bedrooms [ driveway and Unit B / 3-Bedrooms walkway I 9' x 18' parking space Unit B in the garage (Unit B) PROPOSED UNIT B I I i_ I 9' x 18' parking space in the garage (Unit A) '3,600 SF(2—bKERS) 9' x18' Unit A parking space PROPOSED UNIT A fp - - Unit A (proposed) Garage Garage (Unit A) (Unit B) 1 I :.: Unit B 2 , 3 2 3 (proposed) � I i 5 I ♦:. Fri-.. 24 C)PR(Z ArfNU£(60 R4 McLeskey &Associates Agenda Items 22 &23 Page 7 D A S - fD Y p r .I r.r-r r ry . r 11 I I I I I I n- r ,c —1 e e I 1 r-r i I I I I a r t r 9 J 1 r 11.3 1 j I I I I m 1 - (D i 1 , I 0LJI LEEJ h 11 _ 1 I ■..-no ow s 1 fD 0 1 I❑ �} "" rail: n j, I CG I 1 I I N. 1_r 6 ❑ AI �. I II1:1I.I I J r k l uN 1 -■ I I _ In I , --_ II I •■1 • 1 Y I 11 1❑ I I I10 I -cI �u I ::::I ® g 4°, 1 {d.n I I l_.■. n+m 1 I I.�U 1 1 -I O 1I I �, r,y 1 _ 00. ,II I---- ! iiii I 1k q K a i 1 I y tip-I .... • Z I uaW $ t ~ A 1� � It� 1 ii,ii ., '� 3 __ 6� 1 77 v I t__ 3 6Z O a I r•� I ❑ -- S 7 1 1 I I I I ' ;Eriii., I 11 I . 1 1 .,. bid .... 1 III. 11 1 a —r I b I �,r*1 -Y. I I I ,. I I I k a I H 4 I I - • P I I 1 - 1 I I I I I I I t (ii I I I II I J I ' I II I I I ■.mini -- — a I I I I I I '< I I I I I I 3 D In ,,, N I^ N no 00 20 OJ fD N (hD 00 W In Site Photos • Arm. '..,::--1---1'' ' '.. ,___;,..: .._ toil s f III ,, ,y Q . I I - J .Syr :�.w-- - __ - _ _ • _ y » } y - 41' �x tq ' 1 If - - - . r 7 ' ` t - I - a ��.g-�. -A • "me"µ - ` . _ ,_.__._ ar - _ - _• .. McLeskey&Associates Agenda Items 22 & 23 Page 9 Street View '. tr4 s ' ' _ .`4 I 1405 Cypress Avenue McLeskey&Associates Agenda Items 22 & 23 Page 10 Disclosure Statement Virginia Beach APPLICANT'S NAMEMcLeskey&Associates 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 rAlternative 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 I Page 1 of 7 Planning Commission and Cit;Council meeting that pertains to the application(s). ® APPLICANT NOTIFIED OF HEARING DATE: June 11,2020 -WM NO CHANGES AS OF DATE: June 11,2020 -WM 0 REVISIONS SUBMITTED DATE - WCU,1,a4411 ,ev —June 11, 2020 McLeskey&Associates Agenda Items 22 &23 Page 11 Disclosure Statement NIB Virginia Beach 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:McLeskey 8 Associates 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) Cheryl P.McLeskey,William A.Wilcox (B) List the businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See Attached See next page for information pertaining to footnotes' and 2 •---� • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name:Rudee Heights Properties,LLC If an LLC, list the member's names:Cheryl P.McLeskey,William A.Wlcox Page 2 of 7 McLeskey&Associates Agenda Items 22 &23 Page 12 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 t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) See Attached t "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles.'See State and Local Government Conflict of interests Act, Va.Code§ 2.2-3101. ♦ - SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business ooeratl g or So 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 McLeskey &Associates Agenda Items 22 &23 Page 13 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 0 Accounting and/or preparer of your tax return IXor, V' ',,--,(K�J// u1...LeN Architect/Landscape Architect/ Land Planner Pt u(jC-E 55 jvc Y)(1,9A 7 171 Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed g purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 5 Construction Contractors nEngineers/Surveyors/Agents Ml S`'1 P� Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services Real Estate Brokers/ CI Agents/Realtors for current and anticipated future sales of the subject property o- SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES N Does an official or employee of the City of Virginia Beach have E an interest in the subject land or any proposed development contingent on the subject public action? -- I If yes,wh t is the name of the official or employee and what is the nature of the interest? Page 4 of 7 McLeskey&Associates Agenda Items 22 &23 Page 14 Disclosure Statement 1;B Virginia Beach _ ,:,, CERTIFICATION: I certify that ail of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A..Iication. _7 APPLICANTS SI ATUR PRI T NAME IA Page 5 of 7 McLeskey&Associates Agenda Items 22 &23 Page 15 Disclosure Statement OWNER Virginia Beach I YES NO SERVICE PROVIDER lose adchsional sheets if needed) 1 ❑ Accounting and/or preparer of Goodman,Hughes,Dixon your tax return Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I I ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® ❑ Turnkey Conabuctiai Construction Contractors ® ❑ Engineers/Surveyors/Agents Fox Land Sunreyom Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers/ ❑ ® Agents/Realtors for current and anticipated future sales of the subject property ♦ 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 McLeskey&Associates Agenda Items 22 &23 Page 16 Disclosure Statement \IA Virginia Reach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA ;meeting, or meeting of any public body or committee in connection with this Application. `-' `\, ' r PROPERTY• « PRINT NAME DATE Page 7 of 7 McLeskey&Associates Agenda Items 22 &23 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. McLeskey&Associates Agenda Items 22 &23 Page 18 STR VICI -= ITY MAP MCLESKEY & ASSOCIATES — 1405 CYPRESS AVENUE, UNITS A & B Lam"'- 3,7 ,�_ _0-'_ --_-7__"--,-_--\-, t\\_ -"_'_.V---'_-,-_,--10_'\N7111 1.\-5.-..\6----n'-.4-1- _\\--,-'1..._-.-,i-V'1-s—'V,:., 0 5....,.i.....i:_ A_\\ - th 5 ree .r �'� \ - � � } --t }. eva�'� - -a ter_ V111 5�rt11`tL-� 1 r a�g'ec -' eel, IIc• •1; a An : \-_, � n /,, ..„ 7 1' GO \--- 7 , / \ fts\ L ' ' Ittis\li`•-• „ ,. l't j ti R / . / A l \ ''S 0---- t r STATUS — % v -I 1 �t O Approved lfl- ��1 I r �a �T 4 • Denied - t _"� 1 i I S l -Nor olk-Avenu _ T_ - 0 Under Review 1 0 Registered our �' _-_ l _ try ~1 ll\ 5'ti e Items#22. &23. McLeskey&Associates[Applicant] Rudee Heights Properties, LLC[Owner] Conditional Use Permits(Short Term Rentals) 1405 Cypress Avenue, Units A&B June 10,2020 RECOMMEND FOR APPROVAL-HEARD Ms. 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. Statements by the applicant or applicant's representative followed by questions by the Planning Commission of the applicant or staff. Statements by any registered speakers followed by questions by the Planning Commission of the speaker or staff. Rebuttal by the applicant or applicant's representative followed by questions by the Planning Commission if desired of the applicant or staff and deliberation of the application by the Planning Commission with a motion followed by a vote. There are six items on the Regular Agenda items 9, 22, 23, 24, 25 and 30. Agenda Item nine,You Are Not Alone,LLC for conditional use permit requests for Short Term Rental at 207, 79th Street Unit-C in the Lynnhaven district. The applicant is Michael Hunt. Mr. Hunt 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. Hunt you have the floor. Thank you. Mr. Landfair: Agenda Items 22 and 23. McCleskey and Associates for conditional use permit requests for Short Term Rentals at 1405, Cypress Avenue, units A and B in the Beach District. The applicant's representative as Chris Wood. Mr. Wood 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. Wood you have the floor. Thank you. Mr. Wood: Good afternoon, Madam Chair and members of the Planning Commission. For the record,my name is Chris Wood and I represent the applicant. I am a vice president in charge of all of construction development and property management for McCleskey and Associates. In order in an attempt to be efficient, I also have four other speakers speaking for items, multiple items 23 through 25 and 30. But after speaking with them, I am going be saying pretty much what they said. So, I do not necessarily make it an efficient use of time for them to speak, but they will be available if you all would like to hear from them. Before I began, please let me take the opportunity to thank the staff especially Will Miller, who has worked tirelessly for both the applicant and the concerned citizens and has been a big help. The McCleskey family has owned these properties for decades. The McCleskey 1 family also has several hundred rental units throughout the area and has been in the property management business for more than 70 years. And we expected you several hundred more over the next 10 years or so. So, it is a very experienced property manager. As you are aware,most of you are aware McCleskey rarely sells any of their property. So, this will be very important that the asset is maintained well and managed well. All of our properties, including any Short Term Rentals will also have a 24-hour a day, seven day a week, call center to handle any complaints from neighbors, residence, or any other maintenance issues. Additionally,they all have my cell phone number,which after 30 years in property management I am used to getting calls in the middle of the night and as long available as well. Specifically,on the south side of properties, we believe these are uniquely appropriate for Short Term Rental. They are near the South Side Marina. I am sorry, this is Cypress isn't it? I apologize. Okay. I did hear some questions during the informal meeting and to be clear, we are going to be building the same duplex whether or not it is used for Short Term Rental. As,I mentioned McCleskey does not sell their properties generally, so this will be a long term rental unit, regardless of what we have done. The duplex has been designed as a rental, not as for sale product, and if you will notice, we have the both garages in the front to eliminate the traditional ocean climbs South End,North End,long live in a concrete to get to the back unit. So, we think that definitely makes it nicer. We started building this but then as part of our common response when we stopped building all projects and feel rental revenues and returned to normal, which obviously, I would assume that were probably would not pick this back up until the fall at the earliest. And that is the reason that we are asking for the Short Term Rental now, is simply because number one we do not know how long it is going to take till we start again. And number two, I think you all would agree with me that the rules are likely going to change and we want to make sure that we have our properties at least in there. All that said, if you all would think than we should defer this until it's built, we can certainly do that. But I can assure you that this is the building, it is going look exactly like this and it is going to look exactly like the plans,whether it is now or later. And we will not and this will be building. So,whether or not we use it for Short Term Rental, this is the way it is going to be. So, I think those are some of the comments that I heard and if you all have any questions I would be happy to answer them. Mr. Landfair: Are there any questions that the applicant by the Planning Commission. If so, please raise your virtual hand. Staff acknowledges the virtual hand raised by planning Commissioner Wiener. Commissioner Wiener your mic is open for comment. 2 Mr. Weiner: Yes, Mr. Wood, I understand what you are saying. I know you said you are going to build this no matter what. So, you would not have a problem deferring this indefinitely until we actually go through the ordinance again, because it might be when the ordinance comes out that there is not going to be any more Short Term Rentals allowed in that area, especially we go to an overlay district. I just want to make sure that you are aware of all that information. Mr. Landfair: Mr. Wood, would you like to respond? Mr. Wood: Yeah,hi, that is kind of a big concern. We would rather have it heard now. Again, the property is going to look this way whether it is now on paper or is done later. And whether or not we use it for long term rental or Short Term Rental, it is going to be this exact property. And I think it's well designed, well thought out. It has been designed as a rental. And McCleskey has a long history of maintaining their properties and doing it. So, I would prefer to hear it now. And especially with the COVID response and assuming that we will not be continuing to build and probably at least September or August, it would be done until probably in early '21. If everything goes right,we would defer to hear it now,but I certainly would consider deferring it. But, I do share the concern that the risk of the moratorium and the rules change. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Planning Commissioner Redmond. Commissioner Redmond your mic is open for comment. Mr. Redmond:Yeah, I think we need to be a little bit careful about drifting in this territory where new construction cannot be rental. New Construction can only be something you live in or for long term rental, we just disposed of one application where there was a sidewalk separating parking spaces because it is an existing building. And now they are designing a new building, which they can do precisely to specifications and which presumably,would be more closely attuned. Because you are not trying to fit a building that is already there into regulations that have been written decades after, you know, house was built. It is hardly the only duplex in Virginia Beach. So, I do not think the building itself is particularly unusual. And, you know, we see this on 22nd Street of course, the Miller Group developed, I forgot the name of the project developed property for that and those are very nice units. It is not the first time we have seen this, I do not want to kind of slouch towards this notion that new construction has to be something you live in and nothing else, it just does not make any sense to me so I do not find anything particularly objectionable about it and go from there. Thank you Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Oliver. 3 Ms. Oliver: Mr. Wood. So,what I understand about the application is that you are building that specifically for Short Term Rental and I have no objection to the architecture of the building, it is lovely. Would you consider, I mean,since we are talking about Short Term Rental as the impact of the neighborhoods, I mean, you do regular rental property,would you not consider this for a regular rental property as just in a regular summer rental and winter rental or year round rental or does it. Do you feel the need for it to be specifically designated for Short Term Rental? Mr. Landfair: Mr. Wood, would you like to respond? Mr. Wood: Yes, thank you, Madam Chairman. Yeah, if I misspoke, I apologize we did not design this for Short Term Rental. We designed this for a rental,whether it is short term or a monthly, it could be used either the closets are big enough for our regular rent. You know, it is certainly not designed as a Short Term Rental. And I apologize if I misspoke with. It is not designed as a Short Term Rental, it is only designed as a rental. And yes, we might want to be able to use this as a short term even if we get this approval, you are absolutely right. We may choose to just keep this as a regular rental, we do have a demand an in-house demand, we have a lot of large yachts, as you can imagine coming in to the finishing center, they have cruise and not all the cruise want to stay on the on the boats. So, we do have from time- to-time people that want to live in a house while they are here spending money in Virginia Beach and obviously we all want that. So, that is in demand and when we get to the Southside properties, that is probably even more of a demand since it is right by where the boats should be. But I mean, we are not sure we will use this as a Short Term Rental,but when we may. I hope that answers your question. Ms. Oliver: I think it answers my question. I guess our concern is with the area, especially this particular area with the amount of Short Term Rentals here that the intent to build a building specifically for Short Term Rental is somewhat concerning. Mr. Landfair: Mr. Wood, would you like to respond? Mr. Wood: Yes. And again,please let me be clear this building was not built in any way, shape or form to be a Short Term Rental. We have this design,we have been working on it for a while.You know,it is not designed to be a Short Term Rental. It is designed to be a rental, it will never be sold and it will always be a rental, whether or not as a Short Term Rental, I do not know. But I would also say, I know this is really unchartered territory and it is new for everybody. But I also know, I don't want to be penalized because we are the last guy there and everybody else has got it, because everybody else neighborhood has it, we can get it. So, I appreciate your thought, but you know this was not designed to Short Term Rental. As I said the closets are big, it is designed to be a rental period and I am not sure whether or not 4 we would use any short term, but we want to have that option especially even we have people that are looking when they come into town. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Planning Commissioner Inman. Commissioner Inman your mic is open for comment. Mr. Inman: Thank you, Bill. Chris, I understand exactly what you are proposing and your reasons for it. And if you had followed this Commission and our adventure with Short Term Rentals, you will know that we have developed lots of concerns about the direction it is going and the impact on neighborhoods, and there is no neighborhood more impacted than the one that you're in with this particular property, unfortunately, and we are worried about disrupting neighborhoods and with too many transient uses over and over again, so yes, it is a very nice product I am sure it will rent very nicely. I would like to see you limited to regular types of rentals as opposed to Short Term Rentals in light of what is going on in the neighborhood. I understand you want something different, it is an ordinance it is on the books and but I do not like the idea of approving applications that where the property does not exist yet or the structure does not exist yet. So those are, those are my concerns and I will leave it at that. Thank you. Mr. Landfair: Mr. Wood would you like to respond? Mr. Wood: Oh, yeah, real briefly I agree with Mike and I do have share the same thing about properties that are built to be a business or a hotel. But I think everybody there knows that McCleskey has a track record of the last 70 plus years of maintaining their properties being good neighbors, being very proactive and this is going to be no different. Now, I would have been happy to wait until this was built to come in. But again in light of COVID and everything else that is happening, we do not know when we will be back at business, but I appreciate your comments and I do share your concern that people build these as a business, but this is not that, this is going to be something that we would build regardless and we maintain our properties well, but I appreciate your comments. Mr. Landfair: More questions for the applicant at this time by the Commission. Seeing none, we do have two speakers signed up to comment. The first speaker is Lauran Lersch, followed by Cindy Sable. Note that you have three minutes to speak. Please identify yourself for the record and pause three seconds before speaking. Thank you. The next speaker is Cindy Sable, Ms. Sable note that you have three minutes to speak. Please identify yourself for the record and pause three seconds before speaking. Thank you. Madam Chair, neither speakers is online. As such, I will open up the mic for you to call for a motion. 5 Ms. Oliver: Thank you. So,I will open up the floor for discussion by the Planning Commission or entertain a motion at this time. Please raise your hand if you have a comment or motion. And staff will unmute you. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Wall. Your mic is open for comment. Mr. Wall: Thank you. This is Jack Wall and I am just here you know it is more of just a comment then the actual, you know straight leaning one way or the other but does it almost appears that it is kind of a commercialization,you know,you are building and you know, I understand Mr. Wood's comments and I kind of applaud him actually for you know, I think it is probably a wise decision just to go ahead and you know, bring it before the city in order to gain the approval. And you know, it is an attractive structure I think blends well with the neighborhood. But at the same time, it kind of wonder you know does it set a trend is there is a pattern that constructing new houses for Short Term Rentals. Now, we saw one a few months ago and they had clearly rental, you know, the garage was six feet wide and that was more for activity, toys and such fantasy toys but for surfboards and for other things such as that but I am just kind of wondering, you are just kind of talking out loud, this kind of new trend that we are going to start seeing our homes being constructed strictly for you know for Short Term Rentals and that is it. Thanks that is all I have it. Mr. Landfair: Madam Chair. Do we have a motion? Ms. Oliver: Are they more since we opened it on the floor there any more Commissioners that want to speak. Mr. Landfair: There are no more Commissioners who want to speak. Ms. Oliver: Alright. May I have a motion please. Mr. Landfair: Staff acknowledges the virtual hand raised by planning Commissioner Weiner. Commissioner Weiner your mic is open for comment. Mr. Weiner: Yes, thank you, Bill. I would really like to have the applicant want to withdraw this or to differ right now,but since like they do not want too and again I am going to go back and look at and deal with,but I just, I know that the applicant does very good work, they are very reputable company and will take care of the project. But the point is it being built for Short Term Rental is kind of confusing but I am going to motion for approval for this application and the only reason why, I want to comment is something we are going to have go back and look at, we approved one a couple before that are being built already and we have approved them in 6 consistent again and but something we are definitely going to have to look at in the future when we sit down. He keeps saying this, but I do not think we are going to get this done on a 100 days, so I am going to go for a motion for approval on this one. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond, your mic is open for comment. Mr. Redmond:Thank you, Bill. I am a little confused by this conversation, people had been building houses near the beach, every beach on planet earth for rental purposes for a 100 years, the idea that someone would suddenly build a house for a rental near the beach is not exactly you know, crazy to me. It is not like Martians landed, I mean, it is very common. So in this case, strikes me as fine looking house you know, another duplex rather than any other way would not be objectionable. So and, you know, this is a builder with a track record of the excellent management I do not understand that. And I do agree with the things that David just said, so with all that I would second his motion for approval. Thanks. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Coston, your mic is open for comment. Mr. Coston: Well, Commissioner Redmond has already seconded but I was going to say that I have had the pleasure of going in some of those buildings down there where they rent to people who are off the boats and beautiful properties. I see no problem with what they are trying to do there. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond, your mic is open for comment. Mr. Redmond:Sorry, did it again. Mr. Landfair: Hearing a second a motion to approve the application has been made by Commissioner Weiner and seconded by Commissioner Redmond. Are any Planning Commissioners abstaining from the vote? Staff acknowledges the virtual hand raised by Commissioner Inman, your mic is open for comment. Mr. Inman: This is not about an abstention, I just feel a need to respond to Mr. Redmond is that the whole thing has to do with the saturation of a neighborhood with Short Term Rental candidate properties, which I would put this in since they are saying this is not only for Short Term Rental and I take Mr. Wood at his word on that. But, it is what it is and it can be sold in to anyone else and not necessarily always retained by his company. And it is therefore Short Term Rental and it could be very prolific Short Term Rental property very attractive. To the point is not that yes there are 7 lots of duplexes built in Virginia Beach,yes it is very attractive residence,the point is we are concerned about saturation of the area and to the exclusion of neighborhood feeling anymore for term rentals that is what it is about,it is not about how pretty it is. So that is just want to make sure we all understand what our mission is here as opposed to anything else. Thank you. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond, your mic is open for comment Mr. Redmond:Yeah, and I understand that, Mike, I understand what your concern as you have been very clear about that and I respect it entirely Mike. My point was about the idea that it was seemed to be kind of a funny idea that it was strange somehow that there would be new construction, you know, in a resort area. For the purposes of rentals that has been happening all over the planet for a very, very long time, but I do understand your concerns and I respect than them as you know and so I appreciate that comment. Thanks. Mr. Landfair: 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. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: I am sorry. Could you tell what the motion was one more time, please? Mr. Landfair: Hearing a second a motion to approve the application has been made by Commissioner Wiener and seconded by Commissioner Redmond, to motion to approve. Ms. Oliver: No. Mr. Landfair: Mr. Redmond. 8 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: I recorded vote of seven, four and one against Agenda Items 22 and 23 are hereby recommended for approval by the Planning Commission, thank you. AYE 7 NAY 1 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver NAY Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling units addressed as 1405 Cypress Avenue (units A 80) 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. Each garage space within the units 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. 9 4. 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. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 10 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. 11 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 00£ OSZ 00Z 051. 006 05 GZ 0 6uiplin8 lead mow. N. a si I b'anu a }off 6upped }eeJ}S u1SZ 6Z£ 6u�uoz suo6Alod-ApadoJd ,-, Ih.M oil `suoi4eaen apex aPs N. \\P10 • 1 1V_ --1_,_\ __ ' 11:\.__—_ Z I -V _ 10\i \ '7 ?io la) � , \ o„ iwomig,.: \ i v _ , I,-V . 9 __ E s u5 b ,, eel i7;Z-b Z I,-,d .'- •% �--`', C.vall ___:::-__. ...---- ii•m• A,oi iIP i ---- ------- - 1 \\ \ N 0 , ,, .. 4. ....4 - C: iii-l'il‘t ‘ ''0 1 -'\ _°cQ ) ' - \D' \ ..,.._._ \ . , .4 • • • .--- , 6 di\ to \\ � , ______vosi%I se-111'"1::ir t \... 111-4-6 \-, rii IIIII , \ , 10:7, , , r-::----5: --- aaa •. !'-- , \I. \1)\SCO _,-- - ------''-' "_Ir_ ,..,. - __,-,-:it,. 41.7/—_. *00, , , iiiiit"'"''' 0 \\ ...-...•- - , _a...0._ ____: Cr3 ._____ , \ 0.\ ��i _._.:..- .----ro :---rot ......,.....r-o---tAll 3 I._v \ 1111‘Wr / n \c3 \ 4\ 1. ••••06. ,-- dalat? \ '--"mliii: ----la 1 r, '~1 y) ji CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JADE VACATIONS, LLC [Applicant] JOSEPH CLARK [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 329 25th Street (GPIN 24280030615030). COUNCIL DISTRICT — BEACH MEETING DATE: August 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use in one of the 28 townhouse-style condominium units at the oceanfront. The Atlantic Place Condominiums are located on a 50,400 square-foot lot zoned A-24 Apartment District (Old Beach Overlay). City records note the subject unit as containing two-bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. for a two-bedroom Short Term Rental is six. Two off-street parking spaces are required and provided. • Considerations: This site is located approximately 850 feet from the Atlantic Ocean where Short Term Rentals are to be expected. Uses in the surrounding area include duplexes, single-family dwellings, multi-family dwellings, and a mixture of commercial businesses. The applicant's parking plan depicts two required off-street parking spaces; one in the garage and one 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. A condition is recommended that the garage always remain available for use by Short Term Rental tenants. The property is within the boundaries of the Residential Parking Permit Program (RPPP) where on-street parking is limited. Consequently, a standard condition is recommended that limits the number of guest and temporary passes while the Conditional Use Permit is active. Further details pertaining to the application are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 329 25th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. Jade Vacations, LLC 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. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (i.e., number of bedrooms multiplied by three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31- Jade Vacations, LLC Page 3 of 3 26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.AII refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12.Accessory structures shall not be used or occupied as Short Term Rental. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmentk— City Manager: Applicant: Jade Vacations, LLC. Agenda Item Property Owner:Joseph Clark li//' Public Hearing:June 10, 2020 26 City Council Election District: Beach Virginia Beach Request Conditional Use Permit (Short Term Rental) N. A Staff Recommendation %Rc'da k}2nd street Approval Vag''' ad lot,street O 20u-s`S -- Staff Planner m - , r,st.°` William Miller D ° 22` 5"°`` Scree At Location 'x of z5t" Scree 329 25th Street �5'111111-110' \ \ wee' t' �,b 4 ,st *,A GPIN 2 � � Y „to Stceet - y a 24280030615030 22rd Street 22^d St,eet I.- ` 1,Site Size d 2tststr° 50,400 square feet 2� y 20thst - s 2� • j J 4 street • s ,0tp sage` 1 1 Existing Land Use and Zoning District Multi-family dwelling/A-24 Apartment (Old Beach Overlay) Surrounding Land Uses and Zoning Districts I" North e ► "=a 25h% Street (alley) 410„.aftyet ' ` teet - - ks Single-family and duplex dwellings/A-12 Apartment (Old Beach Overlay) = ,tis�re ' � e South . a •:L g, 25th Street Multi-family dwellings, commercial parking H ` •ter , t+. ._,,? ;,l garage, indoor recreation facility/OR "� -, Oceanfront Resort 1 East �f,� a "r �r Commercial (retail shopping center)/OR s s::�. Oceanfront Resort t' ;fr ,...0 West .- , 4 .1 Multi-family dwellings/A-12 Apartment (Old t. ;� " ` °• ` I';, i " Beach Overlay) � a a_ Jade Vacations, LLC. Agenda Item 26 Page 1 Background & Summary of Proposal Site Conditions and History • This condominium development is approximately 50,400 square feet and is located within the A-24 Apartment District (Old Beach Overlay). • The parcel contains 28 condominium style townhome units located within five buildings. • According to City records, the subject dwelling unit was constructed in 1981. • On December 10, 1979, City Council granted a rezoning request for this property from A-1 (now designated A- 12) to A-3 (now designated A-24). • 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 issuance of guest and temporary passes. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity p11e�1 \ lt L! 16::At 1 :n 5 test � 1 „\ STATUS Kss t` (� Approved .. • • Denied 1 , • - C} Under Review } z �, 0RegSteretl Cliy44 \_2is‘ 1 �� Jade Vacations, LLC. Agenda Item 26 Page 2 Summary of Proposal 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: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 (1 in the garage and the other in the driveway) Zoning History # Request 1 REZ(A-1 to A-3)Approved 12/10/1979 STR(Short Term Rental) Pending CC action • L. °R STR(Short Term Rental) Pending CC action ras�'I 1 W. ' r OR�i 2 NON (Two single-family dwellings)Approved 03/23/1984 F N.�?,_•�A ��„Sa..t 3 NON (Enlargement/Room addition)Approved 05/16/2017 • r R, `; 4 STR(Short Term Rental)Approved 02/12/2020 4417 5 STR(Bed and Breakfast)Approved 08/26/2003 Q `, -=0 6 ALT(Lot area and width, building type, structure � � �,,,,��,�c, ,,j �` 1 orientation, parking setback encroachment)Approved ' ' 'i • '�iiii��arod �� 03/19/2019 �1! , iii .•�� zS�hsK,., _ '\ 7 NON (Replace nonconforming cottage)Approved 4-1 ' �� 09/13/2005 8 STR(Short Term Rental) Pending PC meeting n °y-• °R STR(Short Term Rental) Pending PC meeting �1 '9' 9 REZ(0-2 to Conditional R-5D—Old Beach Overlay) A- Ts 4_ �' q \), 1 Approved 08/09/2011 t Awl `' 10 NON (Enlargement of Nonconforming use)Approved 08/15/2017 11 CUP(Outdoor Recreation)Approved 04/28/1992 12 STR(Short Term Rental)Approved 02/11/2020 STR(Short Term Rental)Approved 02/11/2020 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 resort area of the city; more specifically, the proposed Short Term Rental is part of the Atlantic Place Condominium development. The surrounding area contains an assortment of duplexes, single-family dwellings, multi-family dwellings, a city parking garage, and mixed-commercial uses. In addition, the property sits approximately 850-feet from the public beach of the Atlantic Ocean where Short Term Rentals are to be expected. The applicant's parking plan depicts two required off-street parking spaces; one in the garage and the other in the driveway. Jade Vacations, LLC. Agenda Item 26 Page 3 As permitted by Section 241.2 of the City Zoning Ordinance, the Zoning Administrator reviewed the Parking Plan and deemed it acceptable; however, a condition is recommended that assures the garage will be available for the Short Term Rental occupants.Together with the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals, another condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest and temporary passes through the program 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 329 25th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(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. 5. 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (i.e., number of bedrooms multiplied by three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Jade Vacations, LLC. Agenda Item 26 Page 4 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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 was received by Staff relating to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 24, 2020, and May 31, 2020. Jade Vacations, LLC. Agenda Item 26 Page 5 • 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 22, 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020, and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. • 1 letter of support has been received by Staff related to this request. Jade Vacations, LLC. Agenda Item 26 Page 6 Site Layout & Parking Plan 329 25th Street / 2-Bedrooms BUILD1 G N0, I. THREE ST RY FRAM: 1N1TH G'OUNO LOOR PARKt G in ') a r � ��iT s u' iT 8 uNn 1 uNIT UNIT 2 UNIT » !l� . 33� N 3li « � 1 /1 327 •325 I i h 1,' I1 Ile?s' t�,E ii n' •!I j n k I? ,s. = loos E 1' i 2 cl i Sidewalk Sidewalk Sidewalk 25th Street Driveway 9'x18' parking space 9'x18' parking space in garage Jade Vacations, LLC. Agenda Item 26 Page 7 Site Photos A. ' 1 ,'''( 1 ill ... :'' tiliN1 1 i f r 001Hill Ir. 1 1 1111 4., 1 1 "` , -...,. . •r lit s y l,CIP "li +i.w Ltd+ yid"`" .i. ` .. T+ - a_..f,- sa Yv'........i.^.1/rA,4 F{. Sb. 3lGr$... 1 It ° 11iy t. - o ,i' ,.-�-,. ---- _ h - w . ._ y Atli di • r ,r y v- ,v.' - -y .-P tin ... ' .• ..e JA Jade Vacations, LLC. Agenda Item 26 Page 8 Site Photos 329 25th Street Parking Plan Figures - - - 1 •— Y- , i i Ilk ' 171'" -' imp '` lir _ar Leland Real Estate Corpora."• , � ,m 14 I j i I -----'. 329 25TH Street's 728sgft garage Jade Vacations, LLC. Agenda Item 26 Page 9 Site Photos 3� 9 ... } Agar - �. Jade Vacations, LLC. Agenda Item 26 Page 10 • Street View 'i -•.‘„,,,.. ',..c,b. - ,_ X-2NIK4 7.,Fi111,-4 - •Trit,-.44rw. -lrf, .E. ,..s.,,,,„ .k. ''.. • • ... • - ., - - , - 2.- -. ..e...:,,... . 4 ' ii, • ; ,,, 4-- i• It',•`.1 •i/' ,;1 . .14* fit; • ,. lit'i4'' N, •' . '' r . . ) - . ,,„,..-, • t.....1 .,, .,,., -'ill-, -4! I: '' --_, / .14 - -- \\ _ \ • .77—..-----'.......„............... — _• • • - — , '''•- _ ,- , , _ . . ....-_ '•, , 1 • . - • '- - Al& 416 * ' - , . . . . r• . ;4114;....c..t 4110 , . .... ., • ,_ ._ This photograph was captured by Staff on March 6, 2020 Jade Vacations, LLC. Agenda Item 26 Page 11 • Disclosure Statement NAB --N4aL Vau,++o► ,LL_C.CAp v.4",i APPLICANT'S NAME Joseph Clark(o‘,..,•�) 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 O weeks prior to any Page ) of 7 P:annin Commiss•on and City Council meeting that pertains to the appllcation(s). • APPLICANT NOTIFIED OF HEARING DATE: lime 21,2020 • NO CHANGES AS OF DATE: lune 30,2020 O _REVISIONS SUBMITTED DATE:11 1UaL.a..n Mince-wlham Miller-06.30.2020 Jade Vacations, LLC. Agenda Item 26 Page 12 Disclosure Statement Virginia Beach ❑ Check 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:JADE Vacations LLC If an LLC, list all member's names Joseph Clark 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. 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:_ 51-.L'M'_Cam' L A± V""-4'e"‘LL L If an LLC, list the member's names: 36sE t. G�4r�c I Li, 1-GtGae-�S N$04•- 'Jest-el� 6 ' `LS Tr— Page 2 of 7 ?re ye,�141A--. Jade Vacations, LLC. Agenda Item 26 Page 13 Disclosure Statement 143• Virginia Bear)) If a Corporation, list the names ofall officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 "Affiliated business entityrelationship" means "a relationship, other than p" 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 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 Jade Vacations, LLC. Agenda Item 26 Page 14 Disclosure Statement APPLICANT/OWNER Virginia Beach YES NO [ SERVICE PROVIDER(utteadditional sheets if needed) l n Accounting and/or preparer of David Clarke,CPA l 1 your tax return Chesapeake,VA n ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than [II 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) M0 Construction Contractors Kelley Development Inc. nEngineers/Surveyors/Agents John E.Sirine and Associates,LTD Financing(include current Quicken Loans CI ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nxi Legal Services Real Estate Brokers/ n X Agents/Realtors for current and anticipated future sales of the sub ect •ro•ert • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Jade Vacations, LLC. Agenda Item 26 Page 15 Disclosure Statement 71/41B 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 I provided herein two weeks prior to the Planning Commission, Council, VBDA f meeting, or meeting of any public body or committee in connection with this Application. L �� Joseph Clark 1Z 2.0 APPucA rr�SIGNATURE PAINT NAME DATE I ( Page 5 of 7 Jade Vacations, LLC. Agenda Item 26 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. Jade Vacations, LLC. Agenda Item 26 Page 17 < c-Ni ___-----_____- , ,_______--tuv-1- ' ';----14.4' . ,•4 .S)--7-48--r- -- -----1.01 .., \ 0 -4 V----3-: --11 - c U r Q ,+. .. �' M' `a�f .slam` 1 4.4) > Z �N tY 0$ -d r� CC 0 I-- j-7- \i _::'-'7._ -...' . -1.C. V. Ps:9--\..._11—A ff.- ------_-.__ ,---40' 7 --OI----- ‘t, - ,--- 'e s---45—.A ....,' I.,7 _______---e.r..— r \ tk---: ---.''.X_ _ ---- --- -,..__\ 3 \ jR Apt _r' } > °' 1147 CAI / i�s N t �t P- 1 Items#26. JADE Vacations,LLC[Applicant]Joseph Clark[Owner] Conditional Use Permit(Short Term Rental) 329 25th Street June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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 a recorded vote of eight, for and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE • Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 329 25th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(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. 5. 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (i.e., number of bedrooms multiplied by three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and 4 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. Recommended Conditions Jade Vacations, LLC. 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 5 is present, carbon monoxide detectors shall be installed in each Short Term Rental 6 ' r w I00 07 C 1 4,6001: 1 0\ic 1 1 1 \ � OR OR ippi )1o\iiiIS\,, e sioi .OR \ i 40- Street i alb . ,-.•-.\ t R ;0 � 11 1 OR O.R c R-7.5 \! 0, • \_ ___... .0 •�R i► N r A Site � � W �'am,\ � F, Andreas Loizou .vV. Property_Polygons Zoning 4005 Atlantic Avenue, Unit 102 s Parking Lot Drive Aisle m mow. _Feet Building 0 20 40 80 120 160 200 240 CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: ANDREAS LOIZOU [Applicant & Property Owner] Conditional Use Permit Short Term Rental for the property located at 4005 Atlantic Avenue, Unit #102 (GPIN 24280514483760). COUNCIL DISTRICT — BEACH MEETING DATE: August 4, 2020 • Background: The applicant is requesting a Short Term Rental Conditional Use Permit for a one- bedroom unit within a 42-unit condominium development on property zoned OR (Oceanfront Resort Form-Based Code District). This 14,500 square foot parcel is adjacent to the Atlantic Ocean. Portions of the current Oceans II Condominiums were formerly a motel; however, all units were converted to multi-family dwellings. The maximum occupancy for guests on-site after 11 :00 p.m. for a one-bedroom Short Term Rental is three. The minimum number of off-street parking spaces required for this use is one per bedroom, or one space in this instance. • Considerations: This site is located at the oceanfront where Short Term Rentals are expected. In addition, the property abuts the public beach of the Atlantic Ocean and is at the terminus of the boardwalk at 40th Street. The surrounding area is a mixture of high- rise multi-family dwellings, hotels, and commercial uses. All of the 42 one-bedroom units are assigned one parking space in the condominium's parking lot. The applicant's parking plan depicts the specific off-street parking space assigned to this unit, thereby verifying that the minimum parking requirement is met. Furthermore, all other 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 are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Ave, Unit 102 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. Andreas Loizou 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 multiplied by 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. Andreas Loizou Page 3 of 3 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 1,..)2-1-- City Manager: Applicant & Property Owner: Andreas LoizouNIB Agenda Item Public Hearing:June 10, 2020 City Council Election District: Beach 2 7 Virginia Beach Request Conditional Use Permit (Short Term Rental) trees 4gttr s prNe ay dowry Staff Recommendation o e s '' 46tbstreet Approval 6 \,.t 45thstreet e 0 street Q street Staff Planner ,ataNerDri� 49rd and William William Miller - A r kr " � aOO Rods Locationc _ci 4005 Atlantic Avenue, Unit 102 •GPIN e t , 24280514483760 Site Size A 14,500 square feet P"' j50,Street o�aRO 94 t,sued ad i 33,d St Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North \ Multi family dwellings/OR Oceanfront Resort % IP Sout .„. h . 40th Street (Beach Pedestrian Access) Hotel/ �'� � '_ ,. r - OR Oceanfront Resort k ' witiot East . \ Public Beach of the Atlantic Ocean/OR f Oceanfront Resort a co West o reel ri sso ._ » 40th st i Atlantic Avenue Multi-family dwellings/OR Oceanfront Resort �t�� }�_ t: y P l tnHa�t Street 't'� '` t Andreas Loizou Agenda Item 27 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 14,500 square feet and is located within the OR Oceanfront Resort Form Based Code District. • According to City records, this lot contains 42 condominium units and was constructed in 1976; however, part of the building was previously a motel that was constructed at an earlier date. No records were found documenting the construction year of the older part of the building. • The condominium development appears to have 42 assigned off-street parking spaces, or one space per dwelling unit. • On-street parking is not permitted on this portion of Atlantic Avenue; however, metered parking is available west of Atlantic Avenue in the 200 block of 40th Street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • On October 8, 1973, City Council approved the expansion of an existing motel on this site. According to City records, the approval allowed the 30-unit motel to add an additional 13-units. One of the conditions required all units have at least one off-street parking space. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity y/ F� \` \- �� ree ] l,e�a C'L r71 �' r - iv r\- ---"\-- \ y' �' iiU 1 -::- •lu``-1 --t, \ \\*CA 1 A, -\II' ..1,_ ,-1 i STATUS // � �R • Approved //A M"A_� • Denied n '� r ��\�i Under Review /- � (\A-',---i\ Q Registered • Andreas Loizou Agenda Item 27 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a one-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: 1 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 3 • Number of parking spaces required (1 space per bedroom required): 1 • Number of parking spaces provided on-site: 1 9a, nut Zoning History �R \\ � # Request ��% 1 CUP(Add 13 units to an existing 30-unit motel)Approved 10/08/1973 CUP(Short Term Rental)Approved 02/04/2020 4pth Stlet CUP(Short Term Rental)Approved 02/04/2020 2 CUP(Condominium)Approved 12/18/1972 NON (Stockbroker's office)Approved 11/10/1980 • `R R`\5 / est _ - ' 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 resort area of the city; more specifically, the proposed Short Term Rental is part of the Oceans II Condominiums development.The surrounding area is a mixture of high-rise multi-family dwellings, hotels and other commercial uses. In addition, the property abuts the public beach of the Atlantic Ocean where Short Term Rental is to be expected. The applicant's parking plan depicts one required off-street parking space assigned to this unit. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. 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. Recommended Conditions Andreas Loizou Agenda Item 27 Page 3 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Ave, Unit 102 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 multiplied by 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. Andreas Loizou Agenda Item 27 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(s)was placed on the property on May 11,2020. • 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 the request and the date of the Planning Commission public hearing on May 22, 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020,and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. Andreas Loizou Agenda Item 27 Page 5 Site Layout & Parking Plan r -,- , t‘C P'Ne k•Tr.,'''f-,. ....,-.4-.000---r•:.•----,- - --7:_/ , :1; r, - ** -.--4005 , , , ...- ,(0-v..tc. yht ,:, • . ... 6• , ;,... _. , - 41091r4g 4 .. ' tite;A:j 4i7cS7.elt7-*-'. '- !' edS CeSS) 6 b ea61 3C 4' .'-1„ ' •,„__S-• -,'„/'"E i ES ,/./.':-/ -''.---- -''' 4111/11‘ '' can t • *T•"'***•''' -'.'•-•-i iiisclOrOVed P et,,,-, ••,-- tf.g... - - r --- r'-- 1'-:'--Ircilt!!!-••!--E-.!! !,....a‘ ..-- . ---- !. -- ..,, - -,. .• k - t . 77 ---: 0 ' --- Sttee Ik‘ 4- ' ° -:!" . . '---- C\ -...,,, 17\\.,,,\•\_,,,,\,,_‘,,,,A. ‘_,, a g to s -Ass\ ne n') .1 . naCe- ,,,,qc,lu, parkkog space . \- -!! .......-cv ..: . 4005 Psv° 1 .,.,7..4. . -, t , 3915 AELANTIC ot. , . , .,.._ „s„,..,, L, ,,, • IV:. T•::•0•i: if i 1910 ATLANTIC AVE 1 11 */4/4.' .* ."' \•00:11:1000 ' 0 ' I , --s. - ' ii, . : •`' . ' VE,_,'N,''. • - - LOA -/-• ' 1 k I I I .1 I i ii!, - ---, • - ' -__7--1 1 !Fn , 4005 Atlantic Avenue ar - ' ...-,....4._e_er,...s.....______•__i 1 • ; , , ...,,, ?. g • ‘. ..4.1 I I •• i ! '• : 1IE 1 . A .• 1, • .- 11 — ! I : • •...,Yr• IN 11.1 I: . • i tOE." STREET 60 . 4005 Atlantic Avenue / 1-Bedroom Andreas Loizou Agenda Item 27 Page 6 Site Photos ��' I I P��,. 1 II _ 1 ✓1 �.4 ir - vAis ill ( : A Y � , :844%"\:%:iia _ f.. 111 i t ?gm- . . _ ire-1 4.- I 'I I _ , ___.: Assigned parking space for 4005 Atlantic Avenue, Unit 102 Andreas Loizou Agenda Item 27 Page 7 Street View Til.°:446 ' - i It �0 �. .. i Go .""a Street view from 2017 — There have been no known changes to the streetscape since this image was captured Link Andreas Loizou Agenda Item 27 Page 8 Disclosure Statement 1B.,Y Virginia Beath APPLICANT'S NAME Andreas Loizou 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 Planninc_Commission and City Council meeting that pertains to the application(s). IBI APPLICANT NOTIFIED OF HEARING DATE: June 11,2020 1-WM ® NO CHANGES AS OF DATE: June 11,2020 -WM REVISIONS SUBMITTED DATE: WaiianvMi.Uer June 11,2020 Andreas Loizou Agenda Item 27 Page 9 Disclosure Statement Virginia Beach tYI Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. TiCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_ CKS 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. gCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. LiCheck 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:_AndMIS 1-0120U If an LLC, list the member's names: Page 2 of 7 Andreas Loizou Agenda Item 27 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "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. "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.Codes 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 Andreas Loizou Agenda Item 27 Page 11 Disclosure Statement 1713 Owner and APPLICANT Virginia Beach YES NO !^Y SERVICE — I PROVIDER(usa additional sheets If J ❑ ® Accounting and/or preparer of your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser of other than ❑ ® the Aooilcan()-identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors Engineers/Surveyors/Agents Financing(include current © mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services ai Estate Brokers ''AsoN REh+ Agents/Realtors for current and Sc 12EfV- en lTe! 6-omit anticipated future sales of the ��f.,j (;?-3 3:1 /// a)uv. 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 L. ® 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 Andreas Loizou Agenda Item 27 Page 12 Disclosure Statement \/13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT SIGNATURE t / PRINT NAME DATE 1 Applicant and Owner Page 5 of 7 • Andreas Loizou Agenda Item 27 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. Andreas Loizou Agenda Item 27 Page 14 STR VICI : ITY MAP ANDREAS LOIZOU - 4005 ATLANTIC AVENUE, UNIT 102 / -- \ \ . UJ LT''. '' ' ',", irt.,\- - ii.-,,\-1\. sly kl---4-1?. .1-`40,, \..1.\1 \ r:t!\.\_ v- ,,,m,`\ \ .i.\et . lissoko 00 . ___.‘ . . ‘ -•10100 c`AiM '. lie ' s • \\ V' 4.1iot „7 4 r ocsu . ;1 \\ :* t- STATUSill "ki �1 • Approvedt • ( 51 \ r c Denied S— Q Under Review .\ _ \ 1 Q Registered $t th-- Items#27. Andreas Loizou Conditional Use Permit(Short Term Rental) 4005 Atlantic Avenue,Unit 102 June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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 a recorded vote of eight, for and zero against the following Items 1, 2,3,4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26,27,28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 3 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Ave, Unit 102 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 multiplied by 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. 4 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. 5 ) . q_1.4 ,, , #Cod 0- \ 0 . ti * N. yo . CO°/ -,,, 0 / ///, eN • / . 'N, , ‘• e -12 A'='1�2 <> 1-12 00 ' // , spa v / / , 41, NN 40,., A-1'8 ."711 1 I *41* 44: _, o� , 4 0 0 46 > . 4 > /j 4001"/ /411111100,i / 41 V/ Site N, ' 1� Property_Polygons Prolific Properties, LLC _►:�' 1047 Coastaway Drive s Zoning L Parking Lot Drive Aisle mpicicCiFeet I I 0 510 20 30 40 50 60 I , 1rtiS\ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PROLIFIC PROPERTIES, LLC [Applicant& Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1047 Coastaway Drive (GPIN 2417656259). COUNCIL DISTRICT — BEACH MEETING DATE: August 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental Use for a 1,800 square foot parcel zoned A-12 Apartment District located in the Beach District. The site is developed with one townhouse that according to City records was constructed in 1985. There are no records of violations related to zoning or Short Term Rental use found on this property. The subject townhome unit contains two bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. is three persons per bedroom, or six persons in this case. Both required parking spaces are provided on-site located in front of the townhome. ■ Considerations: This parcel is located in the Seabridge Square Subdivision which is developed with townhouse dwelling units. The layout of the typical townhome unit includes the parking between the front edge of the dwelling and the right-of-way. As such, the two required parking spaces for this two-bedroom unit are accommodated in front of the townhouse in the driveway. Due to the development pattern of the neighborhood, there is limited on-street parking available, but none-the-less, the parking requirement is met. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can reasonably be met. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 1047 Coastaway Drive and the Short Term Rental use shall only occur in the principal structure. Prolific Properties, LLC Page 2 of 3 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events 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. Prolific Properties, 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 (,.SQL,. City Manager: Applicant& Property Owner: Prolific Properties, LLCNIB Agenda Item Public Hearing: June 10, 2020 City Council Election District: Beach 29 Virginia Beach Request Conditional Use Permit (Short Term Rental) ire1 f „ street a 264 i Staff Recommendation ---..„...__- m Approval F/ 1 rear 19th St 9 to PP AmerkusAvenue 'a o tether Staff Planner CarverAvenue ageachgoutevard et Nitre' ,60 Str e Summer Peebles Bloom Parkway A5th Street CI foN Location t4o5t 1047 Coastaway Drive Loretta Lane r� treet1STIS:1 Millers Lane reet1 ' �. ,2thGPINSouthern BoulevardNorfolk Aven ` 2417656259 c A Jackson Street o1 Site Size bs6a K p 90 street 1,800 square feet ac¢e` @'94e n .IMNM1-0Or Sc e3 i y , Preserve Drive GacoGna Avenue Existing Land Use and Zoning District Gannet Run ��(( Townhouse/A-12 Apartment Beautiful Wee Surrounding Land Uses and Zoning Districts North t 4 Coastaway Drive .._,i Townhouses/A-12 Apartment _ South ,, . . \ Apartments/A-18 Apartment _. f. East r Townhouses/A-12 Apartment -;h? +r" . .. -g. West \ Apartments/A-18 Apartment 44 �`' ,. y , � -1 `z r 'd o s 3� a .y , , APo r^4 .r Prolific Properties, LLC Agenda Item 29 Page 1 Background & Summary of Proposal Site Conditions and History • The site 1,800 square foot parcel zoned A-12 Apartment district and is developed with a townhouse dwelling. • City records indicate this townhouse was constructed in 1985. • Staff inspected the site on March 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 A` ✓l r tie / `�-A9th-Sum \ lI m 4 3 Bbo4Par t ua T1 v a m A i� �m _ l Mil 11 l,"11, \ ' ''' i / ;,la j mu tf. '0. , '� .L ,j J :Atlantis-D , `,, —1 '`' 11s ems, � �` S r \ --11 �: • STATUS f — _x� � � 'rl , ® Approved L� . ti _. __._.._ i r S .. _ •W ) Dented , O —cean Pebbles Way 4 _ • 1 r g 0 Under Revrew' 11117 .LL-'' r O Registered V t�3f/f 0 0 * s * # _t _ Summary of Proposal 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: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 6 • Number of parking spaces required (1 space per bedroom required): 2 Prolific Properties, LLC Agenda Item 29 Page 2 • Number of parking spaces provided on-site: 2 \ ____---- t2 oa r° T " , ' At2 '� . No Zoning History to Report c ,, , N� c'� ii-e .' • e w v Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This parcel is located in the Seabridge Square Subdivision composed of townhouse dwellings. The layout of the typical townhome unit shows the required parking being accommodated in front of the dwelling between the home and the right-of-way. As such, the two required parking spaces for this two bedroom unit are on-site. Due to the development pattern of the neighborhood, there is limited on-street parking spaces available. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can reasonably be met. There is no known opposition to this request. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 1047 Coastaway Driveand 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. Prolific Properties, LLC Agenda Item 29 Page 3 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. 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. Prolific Properties, LLC Agenda Item 29 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • 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 the request and the date of the Planning Commission public hearing on May 22, 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020 and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. Prolific Properties, LLC Agenda Item 29 Page 5 Site Layout & Parking Plan N/F HARRY SANDLER, ET ALS N 43'19'59"W 2.1' OUT 18.00' 2.1. OUT sTELEPED ON UNE N OS OUT gic 6' W000 1c FENCE--- z —6' vim) 5' DRAINAGE ESU'T FENCE M.B. 176 PG. 3 •ON UNE • zn: ON LANE O COMMON WALL o o o p W COMMON WALL o F wnhousl�� LOT 60 .) LOT 62 - z 0.2' OUT 0 LOT 61 ON LINE 0.1' IN 2.5' W000 { OA' OUT FENCE 1 � *' Co 1 2 N. f 1 91.36' TO C EXTENDED 18.00' DH(S) OF SEABR6GE ROAD S4319'59"E Coastaway Drive Prolific Properties, LLC Agenda Item 29 Page 6 Site Photos :41iirot �` £ I I $ ,� _ '- may fit ' t';, '..-- • '.', ' ,k., ! .y i , -+ ,' ,... i1 '� IT : w N,.. - fi Prolific Properties, LLC Agenda Item 29 Page 7 Site Photos '47sa. - F - fe L �" s• �' � ' / c'.'s 4• •.Irk t • -'® T .— _ ash' I • itiokiAr • ,;: ,+, •• J. • # ° + L. a - • - a _.. -- Prolific Properties, LLC Agenda Item 29 Page 8 Disclosure Statement Ar,h),,ko e -lis 1ibibc PUf-fie5 (LC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property , Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for __ _ — _(EDIP) Board of Zoning Encroachment Request Rezoning � Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board -- Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE — — Page 1 of 7 /0f C,SO.Y,r, - I 07/.3/� gym,.,e . e�b'rer _n. Prolific Properties, LLC Agenda Item 29 Page 9 Disclosure Statement Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization.(A) List the Applicant's name: Pit Iif ,-`ot, Tes� L'X If an LLC, list all member's names: A}t. 1,o Eltdz,w S1,110N 1y„plev,ber- If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. TCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. iro y� (A) List the Property Owner's name:_r II Fi L 1°11 e5 U-C If an LLC, list the member's names: A _ ,,�,o .ed na�. /v cwtiS 1 yvlct ,l�G v* /T,' Page 2 of 7 Prolific Properties, LLC Agenda Item 29 Page 10 Disclosure Statement 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 su.ject of the application or any businessopgrating 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 Prolific Properties, LLC Agenda Item 29 Page 11 Disclosure Statement V13 APPLICANT Virginia Brach YES NO SERVICE I PROVIDER(use additional sheets if needed) V1Ei Accounting and/or preparer of 5-al $ V 1 f your tax return Architect/Landscape Architect/ Land Planner ElContract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers_ Any other pending or proposed❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) IA EConstruction Contractors __ _ — El Engineers/Surveyors/Agents fin! 5 SurVeyi)1y Financing(include current u>^�rt �� d d ❑ mortgage holders and lenders Y selected or being considered to �� ((� provide financing for acquisition Pe,0,6 i7e &t , or construction of the property) nLegal Services � Real Estate Brokers/ El Agents/Realtors for current and anticipated future sales of the subject property • _-4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have a Of an interest in the subject land or any proposed development contingent on the subject public action? J If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Prolific Properties, LLC Agenda Item 29 Page 12 Disclosure Statement certi y t at a o t e in ormation containe• in t is •isc osure _tatement orm 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. APPUjSANTS SIGNATURE PRINT NAME_ DATE I f� / /(Y32i�7-re U✓l1� ("dtl1:w4S 0,aiDS1d0 Page 5 of 7 Prolific Properties, LLC Agenda Item 29 Page 13 STR VICI F ITY _.:AP PROLIFIC PROPERTIES, LLC- 1047 COASTAWAY DRIVE ricp ,, �`19r e __-- S , —Str ,� H . t ( �� r_ ` , t or_T.oca�L„ane / a / r ` /// ; �.„ „ r ref �. o \ f, / r'` / �Q %, ^-�4tiantrs DriN.e_ /r ,/ i ..{. ,xilv.,_., 1,� STATUS 7 ,r y.- , , i i \ 1\. Folk-Ayes e 4 �� • Denied� �,�--4 f Ocean Pebbles W' y a Q Under Review \ i �[ i / to O Registered <\ fl — ,�`�/ s, .��` ,.( /7(� NV flit! Items#29. Prolific Properties,LLC Conditional Use Permit(Short Term Rental) 1047 Coastaway Drive June 10, 2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the Consent Agenda: Items 1, 2, 3, 4, 5, 7, 8, 10, 11 with amended condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight, City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the Zoning Ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Land fair: Commissioner Wiener your mic is now open. Mr. Wiener: I move approval of the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Seeing, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. 2 Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. 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 a recorded vote of eight, for and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit the meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAYO ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 3 1. The following conditions shall only apply to the dwelling unit addressed as 1047 Coastaway Drive and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 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. 4 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. 5 0 o• 11- v WI I.oo, -A G, , -36 oot \ 0_, loft s R-5S —fi __ �/' , ,,.,-.- , , 1A=�36 .-6enve \ 11111' 0 - , \ � raoC R ...-ra-... -------- \ \ ill ,.........- - v, R- 5S,, IP /..., ilk c:71, 0 , ..c; \ C] \ ow R-5.S CD ,41" , 9 . . i... „1. • .00...... 0 -! miktii, 11(1k /� lie \� Saler�' pve RT-1 �, .nston a'• \ , �-- RT,3 R-5S i � -'R-5S N / A Site w ol-' P John Keenan _1►�'E roperty_Polygons 410 Terrace Avenue s Zoning Parking Lot Drive Aisle — .=.1. Feet 1-1 012.525 50 75 100 125 150 i�ro ��y�l _ 7) CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: JOHN KEENAN [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 410 Terrace Avenue (GPIN 2427127696). COUNCIL DISTRICT — BEACH MEETING DATE: August 4, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for single-family dwelling on a 5,000 square foot parcel zoned R-5S Residential District. City records indicate that the single-family dwelling was constructed in 2017 and contains four bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. is three persons per bedroom, or 12 persons in this case. All required off-street parking is provided on-site; two spaces within a garage and two spaces on the driveway. • Considerations: This site is part of the Shadowlawn neighborhood at the oceanfront and is located approximately 0.3 miles from the public beach of the Atlantic Ocean. The four required off-street parking spaces are accommodated on-site. Two are located in the driveway in front of the home, and two are located in the garage. The property is located within the boundaries of the Residential Parking Permit Program, so while the Conditional Use Permit is active, parking passes issued for the dwelling unit through the RPPP will be limited to two for the residents of the dwelling, and guest permits associated with the Short Term Rental and temporary permits will not be permitted. All other requirements of Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met by the applicant. There was one speaker in support and one speaker in opposition at the Planning Commission public hearing. The opposition noted concerns related to transient occupants, the number of people permitted on site after 11 :00 p.m., noise, and possibility of disruptive events. Three letters of opposition were also received noting similar concerns. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: On June 10th, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. John Keenan Page 2of3 1. The following conditions shall only apply to the dwelling unit addressed as 410 Terrace Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 18-feet by 18-feet, contain a minimum 16-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. John Keenan Page 3 of 3 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31- 26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 .All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12.Accessory structures shall not be used or occupied as Short Term Rental. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 1,3R— City Manager:' EINIB Applicant& Property Owner: John Keenan Agenda Item Public Hearing: June 10, 2020 City Council Election District: Beach 30 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ' et Approval _ a't�s�, i _ _ '\ 1 Stet'-' .prM,� Staff Planner Norfolk Avenue -. $ Summer Peebles --- tott.,west ` OA 9tn Street `y[(- N- 11 9th Street oue.i^ s 1 kkary`and moue y_- Location — A Oeraware— e Z Str• 410 Terrace Avenue ViniP 'aPe.napven o 51t+ Weal cero , h Pp,nt P a so too 9 AFe A nA % on street G P I N by 2,,.usro;_st,i....elt.s. 2427127696 1 __ Site Size � ��- 5,000 square feet Existing Land Use and Zoning District / b` Single-family dwelling/ R 5S Residential if 'ft Surrounding Land Uses and Zoning Districts North Terrace Avenue Single-family dwellings/ R-5S Residential *e ' r �, ,, .�__, <='i �„ s South t1 w - . , Single-family dwellings/ R-5S Residential , �, t _ East ,.,,`� x °Iv y a„t Single-family dwellings/ R 5S Residential , ., ` +� _ r \' West , : f : 0 . } Single-family dwellings/ R-5S Residential a�en°'' C. > L. �." terrace ate. t m F 1 ,t, -" r- v t ► Pvenue ..--.: ,,,.44.fir, w lit Sty 111, r- � � - _ 1 John Keenan Agenda Item 30 Page 1 Background & Summary of Proposal Site Conditions and History • The parcel is a 5,000 square foot parcel zoned R-5S Residential district. • City records indicate that this single-family dwelling was constructed in 2017. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity T -\� sfiegt ;\ " ' 1 1_� -,-L 81� tt 0 03 IL,. a V9 111: 1 �' IC\ \1:1.1 11i \ \t\ ' V1'`:y \ 25 --� - i*tot � k- ;�J , i �eet iilli o J(ff(J 1 1 va110, % ',.-u- ilf s ` ; A .. ii , op ; WA '- \ � lls♦ --k l \ , feel 1 STATUS J/ \ Q Approved , / fY �t• • Dented / �� O Under Review 1 •�\ n� Q Registered vti--A---- I c� ``x/ Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a four 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: 4 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 12 • Number of parking spaces required (1 space per bedroom required): 4 John Keenan Agenda Item 30 Page 2 • Number of parking spaces provided on-site: 4 � S • RT-1 fl A.A Zoning History --OW" i.�a ��/, a # Request �t o 1 STR(4 bedroom Short Term Rental.)Approved 03/20/2018 ,�••• 2• R$� 2 CRZ(From R-5S Residential to RT-3 Resort Tourist) sc3 � ,v Approved 06/08/2004 6‘1' N RT-1 T-3 RT-3 Application Types MOD—Modification of Conditions or CUP—Conditional Use Permit 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 part of the Shadowlawn neighborhood and is located approximately 0.3 miles from the public beach of the Atlantic Ocean. The four required off-street parking spaces are accommodated on-ste. Two are located in the driveway in front of the home, and two are located in the garage. The property is located within the boundaries of the Residential Parking Permit Program, so while the Conditional Use Permit is active, parking passes issued for the dwelling unit through the RPPP will be limited to two for the residents of the dwelling, and guest permits associated with the Short Term Rental and temporary permits will not be permitted. All other requirements of Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met by the applicant. Staff has received 4 letters of opposition. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. John Keenan Agenda Item 30 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 410 Terrace Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 18-feet by 18-feet,contain a minimum 16-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only.Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. John Keenan Agenda Item 30 Page 4 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • Staff has received 4 letters of opposition. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • 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 the request and the date of the Planning Commission public hearing on May 22,2020. • 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020 and July 26, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 2020. John Keenan Agenda Item 30 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 31,2020. John Keenan Agenda Item 30 Page 6 Site Layout & Parking Plan , i I tit , I Vriroaam4 01001) I I /010 remount, ' I. lai t*,sow , .ewari i 4..eZ:/. Ai. I 'i i LOVS I/t III Ma 134.pc fAy) OPIPt 742,-12-8$26 1 %7 li 1224.e"1111 (Oka i.Mk IV) . Iri ".. • Lir W---7;16 - •. 4" I....... / NS -0Ctr)Mx$0 L . WHO,AIN4 er I .N I . r# .. . • • r Single- \I I . family .. i g. ! ., 1 1. . . Dwelling , . .. .,, it ri Q.) _ ......., i . ., c , I _ a..) ,... 1 . . -. - . ..... 4-1 la'Crialtrif au I 1 ......w........ ...... •-• - U MIPPACIIIIMI PO MIAOW , 1 , -.4.--..t, •••••• L••• 1 ' . < corium au Amami A I. II to ner le COMM MIK CC' r wrOdvalle,a r PRI NviVal i .. 34 Dow=mu*emu rpwq. -,N, MOW AWACS'Ilt PO oar Air , PP,entiatia Mae / L, i / 1 .." *si 6 711 F------' - . .,.....,4• .), my cow 1 . ,, i Jr" tarn rlar I r *Pr • • ir -,, —\ - .• _ 1 RI assignAtive— .I Y I W v.' . NI alla40 RI AMP".r,o,t ilia WACO 010MDIPY C. arra••me sot so • .... 17'RCN t I =alisignieri 10 itit RI NW 1... i ,4 IU U IN 0,UM Terrace Avenue ( •V .4, 1 W,416.......... ..., John Keenan Agenda Item 30 Page 7 Site Photos w it ,, _ Garage i �- --= --= 2 spaces 1!j "! lull : ;- III liiil #.:� 11111114 �+ Driveway (� ,7. - - - - � 2-spaces P. , 'f - - -- — _ Fir. '" - John Keenan Agenda Item 30 Page 8 Site Photos • + k 7 1 v ,,_ .......„...., , _ ....., , .:_- ... _ ....-_,_„ „. - .-.,- , i 4-7,.-v.0 ....,,,,,,,,,,_ . _9 r 4• � ~ R Googlc •'� :.. -a s t �� may vi [611� -�= - ' 11 MO . ill il III 1 j ' • John Keenan Agenda Item 30 Page 9 Site Photos .sA R 0 . . , .... . , _, . : A , I. . .. __. .. 4' _ __, 6 — - ---;- - -* - 4 i It 't�( dll L - ,` I'IIUI -- s .R John Keenan Agenda Item 30 Page 10 Disclosure Statement N/B Virginia lieach APPLICANT'S NAME , - DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness j 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'2i weeks pncr to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the appi cat:on(s). .1 a APPLICANT NOTIFIED Or HEARING DATE C / ,/vj o O 5Li N�-..-- cebie s 1sr NO CHANGES AS OF DATE i-C�/. 52o1GhU SJ,,,, ,t, -Pe.Lbic$ 1 io REVISIONS SUBMITTED DATE_ John Keenan Agenda Item 30 Page 11 Disclosure Statement I4/13 Virginia Beach I,JZ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT /S a corporation, partnership, firm, business, or other unincorporated organization.io (A) List the Applicant's name: �h r ' 1<-&0 l 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 footnote and 2 s SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property.owner is different fom_Applcant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 John Keenan Agenda Item 30 Page 12 Disclosure Statement 1/B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101 2 "Affiliated business entityrelationship" means "a relationship, other than p, parent subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any_busin_mg erating or to bee__operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 John Keenan Agenda Item 30 Page 13 Disclosure Statement N/B APPLICANT Virginia Beach I YES NO SERVICE LPROVIDER(use additional sheets if needed) _.J n ❑� Accounting and/or preparer of 1 your tax return ~ 0 k Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Li0 Engineers/_Surveyors/Agents Financing(include current n El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n IA Legal Services Real Estate Brokers / i 0 Agents/Realtors for current and t2�J anticipated future sales of the subect ro•ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 John Keenan Agenda Item 30 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information {provided herein two weeks prior to the Planning Commission, Council, VBDA' meeting, or meeting of any public body or committee in connection with this Application. 7-7.7‘.0, - t a1 014 1 AP CAN SIGNATURE PRINT NAME DATE 1 Page 5 of 7 John Keenan Agenda Item 30 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. John Keenan Agenda Item 30 Page 16 . . ',,,: rl 1.27 ff .---1.----V.\ ., ..,,s/./ pp7 \\11 ,Itips„, \ .,„,_- 2. . \ --)-- 11 \ ' , ., _ _.;,. t-_-.' ,---›),,,,--•,_ .,. „,„ N:, Z .` •Ns .-:.:-.___.:. * "41 LLJ \\IE). ilL_______ . '----..-- 'F 0 CL. Lu ' 041% iii,,,.. Q_ cc ,� ( \ ‘. w IIle I , o a 4, El la 46.2116:•. __ 410 I p.it..4.11 it U c c 114 CC Q e cad - j �. ow II alk is.\ \' Y I ,> r• 0�1�+# r; z LJ7flL ' � '-w 0 0- - ---- pon-.:Nae ►P�. - )q'411. o• N Q o o N • • 00 ` Items#30. John Keenan Conditional Use Permit(Short Term Rental) 410 Terrace Avenue June 10, 2020 RECOMMEND FOR APPROVAL-HEARD Ms. 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. Statements by the applicant or applicant's representative followed by questions by the Planning Commission of the applicant or staff. Statements by any registered speakers followed by questions by the Planning Commission of the speaker or staff.Rebuttal by the applicant or applicant's representative followed by questions by the Planning Commission if desired of the applicant or staff and deliberation of the application by the Planning Commission with a motion followed by a vote. There are six items on the Regular Agenda items 9, 22, 23, 24, 25 and 30. Agenda Item nine, You Are Not Alone, LLC for Conditional Use Permit requests for Short Term Rental at 207,79th Street Unit-C in the Lynnhaven district. The applicant is Michael Hunt.Mr. Hunt 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. Hunt you have the floor. Thank you. Mr. Landfair: Agenda Item 30 John Keenan for Conditional Use Permit request for Short Term Rental at 410, Terrace Avenue in the Beach district.The applicant is John Keenan. Mr. Keenan 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. Keenan,you have the floor. Thank you. Mr. Keenan: Good afternoon,I would like to thank the Planning Commission forthis opportunity to speak to you. I am John Keenan a retired US Navy Lieutenant Commander with 22 years of service, myself and my wife Robbie are graduates of Old Dominion University in Norfolk State University. We built this house three years ago with the intent intention to serve as our retirement home in the near future. We love Virginia Beach.We currently reside in San Diego, California, where I serve as president and CEO of Southern California Anesthesia Services. Let me first say due to the corona virus pandemic I do not have any intention on using my house as a Short Term Rental this year for the safety of any occupants and my family. I am directly exposed to caring for these patients, so I would never want to put any individual at risk. My houses is valued at close to three quarters of a million dollars.My approach 1 to using this house as a Short Term Rental is as a high end expensive rental catering to the more affluent renters. With that said, using a licensed realtor company to serve as property manager, I expect a higher caliber clientele to ensure my neighbors are not disrupted in any way. I pursued a Short Term Rental because my clients are still dispense significant amount of time at my residence. Again, thank you for your consideration. Mr. Landfair: Thank you. Are there any questions of the applicant by the Planning Commission? Staff acknowledges the virtual hand raised by Planning Commissioner Redmond. Commissioner Redmond your mic is open for comment. Mr. Redmond:No, I am sorry still butterfingers. Mr. Landfair: We have two speakers signed up to comment. The first speaker is Angela Ratliff, followed by Chris Wood.Note that you have three minutes to speak, please identify yourself for the record, and pause three seconds before speaking. Thank you. Ms. Ratliff: Hi there, my name is Angela Ratliff I live next door to Mr. Keenan. I have lived here for 20 years. The reason why I am speaking today is on behalf of most of the residents on the street have lived here for over 20 years, they are all mostly elderly over the age of 65. They are not,you know,technical savvy so they have asked me to please speak for them on their behalf today so I appreciate everyone's attention and listening to their concerns are, of course, the transientness of the people coming and going.No disrespect to the Keenan's, we do not know them very well. But they do have a lot of concern about the size of the home does occupy a quite a few people and they are concerned about having lots of people renting the Airbnb becoming a party house since it is so in such close proximity to, you know, the Ocean Front with the noise and the disturbance of the elderly folks on the street. So again, thank you for your time and I just wanted to speak on their behalf and our concerns. So, thank you. Mr. Landfair: Thank you. Are there any questions of Ms. Ratliff by the Planning Commission, if so, please raise your virtual hand.The next speaker is Chris Wood. Note that you have three minutes to speak, please identify yourself for the record and pause three seconds before speaking. Thank you. Mr. Wood: Thanks again, this is a Chris Wood and I promise that this will be the last time you hear from me today.I have to tell you I really think this is a very unique property. I have known John and his wife Robbie for probably 30 plus years. They are phenomenal people, they are incredible professionals. John is very humble but he served our country for many, many years for more than 20 years and talking to him about what he has done with these Corona cases in California would really make you make you cry, it is amazing what he has done. I also think it is an amazing 2 testament that this family lives in San Diego, yet has built a beautiful house in Virginia Beach,which is where they want to retire and I think that is a real testament to our city that he has built this beautiful, beautiful house in Virginia Beach for his family and lives in San Diego, so it is quite amazing. I think the other thing is very important is this home will not be a rental solely, earlier today we were talking about how the houses are built as businesses and that type of thing.And this couldn't be further from that,it will still primarily be their family's second home. They are going to employ a professional manage real estate company, Atkinson Real Estate to manage the Short Term Rentals. In addition to that, they also have a caretaker who comes by the house not even related to the Short Term Rental but the yard is absolutely beautiful it is a phenomenal property. And there's no way there will be a party house, John has so much invested in this house from the kitchens, to the outside, to the landscaping, to his personal toys and kayaks and things that belong to his family and his kids it will not be a party house I can promise you that.I also think the location is perfect as it is really close to the road walk in the fishing center and that has been. I just cannot say enough about the Keenans and their professionalism and their character to tell you that this will be a well-run facility. If you have any questions I am happy to answer them. Mr. Land fair: Are there any questions that the applicant by the Planning Commission. If so,please raise your virtual hand. Staff acknowledges the virtual hand raised by Commissioner Redmond. Commissioner Redmond your mic is open for comment. Mr. Redmond:It is not me, man. It is this thing, I apologize. Mr. Landfair: There are no more speakers Madam Chair, you have the floor Ms. Oliver for Planning Commission discussion and to entertain a motion. Ms. Oliver: Great, thank you Bill. I am going to open the floor for discussion amongst the Planning Commissioners or entertain a motion at this time, if you will, please raise your hand for a comment or emotion on the staff will open up your microphone. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond,your mic is open for comment. Mr. Redmond: Madam Chairwoman I move approval of the application. Ms. Oliver: Do I have a second please? Mr. Land fair: Staff acknowledges the virtual hand raised by Commissioner Weiner as potential second.Commissioner Weiner, your mic is now open. Mr. Weiner: I second that. 3 Mr. Landfair: Hearing a second a motion to approve the application has been made by Commissioner Redmond and seconded by Commissioner Wiener. Are any Planning Commissioners abstaining from the vote?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. Inman. Mr. Land fair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Land fair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, for and zero against Agenda Item 30 is hereby recommended for approval by the Planning Commission, thank you. Mr. Landfair: Madam Chair that was the last item on the agenda, the mic is yours. Thank you. 4 AYE 8 NAY() ABS 0 ABSENT3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 410 Terrace Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 18-feet by 18- feet, contain a minimum 16-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 6 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. 7 m m m LLo V. 3 I N 0 i- o I N LO N IN otS o O !; t., ‘_ ` V o Lr- N i ,,, , , , ___ w _ \ W Cce) \ \ \ t \\\ \ u - \ 0 c 2 1 J w O Q V \ Pt�artNc co xva \\_-_'‘ , __-- ---_------- ,1 , \ ce (I) O a > r �=- o IJ J % O c c C a) Q C Y ' , (A d N d CO ( SW' 7 ( s� .4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LONGCREEK, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental ) for the property located at 4005 Atlantic Avenue, Units 110, 111, 210 & 212 (GPIN 2428051448). COUNCIL DISTRICT — BEACH MEETING DATE: August 4, 2020 • Background: This approximate 14,500 square foot property is zoned OR Oceanfront Resort District and contains 42 condominium units. The applicant is requesting a Conditional Use Permit for Short Term Rental use for three units. City records indicate that each dwelling contains one-bedroom. Consequently, the maximum occupancy for guests on-site after 11 :00 p.m. is three per unit. The minimum number of off-street parking spaces required for the Short Term Rental use is one space per unit. • Considerations: The proposed Short Term Rental is located adjacent to the public beach of the Atlantic Ocean where Short Term Rentals are to be expected. The required parking is accommodated in a parking lot owned by the condominium association. It appears all requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Seven letters of support from other owners within the applicant's condominium complex were received by Staff. There is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Units 110, 111, 210 & 212. 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. Longcreek, LLC Page 2 of 3 3. As shown on the Parking Plan illustration within the "Site Layout & Parking Plan" section of the Staff report, one off-street, all-weather, hard surface parking space is required and must always be available to the Short-Term Rental occupants renting the unit. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31- 26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. Longcreek, LLC Page 3 of 3 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 W2.L City Manager: Applicant & Property Owner: Longcreek, LLC Agenda Items Public Hearing: June 10, 2020 31, 32, 11BCity Council Election District: Beach 33, & 34 Virginia Beach Requests # 31 - Conditional Use Permit (Short Term Rental) Unit 110 # 32 - Conditional Use Permit (Short Term -- --' I. Rental) Unit 111 Q # 33 - Conditional Use Permit (Short Term �`_ )' Rental) Unit 210 \ ffe ter, r r A # 34- Conditional Use Permit (Short Term Rental) Unit 212 ` 00 kr Staff Recommendation 9w�dRNo �� Approval iN alk— <,,4% Staff Planner �'`Q ies. Summer Peebles NI11111 % ✓ Location p"N.. °e'ii,oaa, :t.,,N2t WO 4005 Atlantic Avenue, Units 110, 111, 210& la pist \ 212 GPIN 2428051448 Site Size 14,500 square feet `\ .* , sa;. Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort = 4 ` Surrounding Land Uses and Zoning Districts ` } �\ C: f. I ,;%, North �,. y. • Multi family dwellings/OR Oceanfront Resort u, t.- South '., .. 40th Street (Beach Pedestrian Access) Hotel ` �, 5te . ` •/OR Oceanfront Resort . � ? 4°�- East , Public Beach of the Atlantic Ocean/OR tt 416 ` ` , F Oceanfront Resort '� ,. fili , c'-' i,,,._ �toi , ` West er # Atlantic Avenue Multi-family Dwellings/OR Oceanfront Resort Longside Creek, LLC Agenda Items 31, 32, 33 & 34 Page 1 Background & Summary of Proposal Site Conditions and History • This parcel is approximately 14,500 square feet and zoned OR Oceanfront Resort District. • According to City records, this lot contains 42 condominium units and was constructed in 1976; however, part of the building was previously a motel that was constructed at an earlier date. No records were found documenting the construction year of the older part of the building. • There are 42 off-street parking spaces for each of the condominium units. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Atlantic Avenue but metered street parking is permitted west of Atlantic Avenue • October 8, 1973 City Council approved an additional 13-unit expansion to the existing 30-unit motel on this site. • No past zoning violations were found on this property. Short Term Rentals in the Vicinity ,tt eet v � 1?c. 4jtteee t v�` ti G}',111 3itag j a - VIP t-' r � WOO 71 .>} "�:'" V ram: /,, :1 ' '\ .r% 1' V.%ttCSg 1 \ e. / .st ' - `STATUS ,. / (r_.:-_-1n.Q Approved ' Dened C Under Rewew \ Registered \ YI / A , I Summary of Proposal The applicant submitted four Conditional Use Permit requests to operate Short Term Rentals on the subject site. Each of the subject units is one bedroom.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. Longside Creek, LLC Agenda Items 31, 32, 33 & 34 Page 2 Unit 110 Unit 111 Unit 210 Unit 212 Number of bedrooms in the Short Term Rentals: 1 1 1 1 Maximum number of guests permitted on the property after 11:00 3 3 3 3 pm (maximum 3 per bedroom): Number of parking spaces required (1 space per bedroom required): 4 spaces total required 1 1 1 1 Number of parking spaces provided on-site: 4 total spaces provided 1 1 1 1 Zoning History # Request �� 1t�, 1 CUP(Add 13 units to an existing 30 unit motel)Approved e' A ,re 10/08/1973 �4 �'� CUP(Short Term Rental)Approved 02/04/2020 CUP(Short Term Rental)Approved 02/02/2020 \:_l__') li-Ai '', -_ , 2 CUP(Condominium)Approved 12/18/1972 V NON (Stockbroker's Office)Approved 11/10/1980 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 proposed Short Term Rental units are located in the Oceans II Condominiums directly adjacent to the public beach of the Atlantic Ocean, where Short Term Rental use is to be expected.Two Conditional Use Permits for Short Term Rental use have previously been approved on the property.The surrounding area is a mixture of high-rise multi-family dwellings, hotels and other commercial uses.The applicant's parking plan shows that each unit has one off-street parking space dedicated to them, thus fulfilling the parking requirement. All other requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application.There is no known opposition to these requests. Based on the considerations above, Staff recommends approval of these requests with the conditions listed below. Longside Creek, LLC Agenda Items 31, 32, 33 & 34 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Units 110, 111,210 &212.and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the Parking Plan illustration within the "Site Layout& Parking Plan" section of the Staff report,one off- street, all-weather, hard surface parking space is required and must always be available to the Short-Term Rental occupants renting the unit. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site,except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. Longside Creek, LLC Agenda Items 31, 32, 33 &34 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/applicant's representative met with the Oceans II Condominiums Condo on February 18, 2020 to discuss the details of the request. A letter of support was provided to Staff by the Board of Directors as a result of this meeting. • The applicant reported that they met with the surrounding property owners, and no objections were raised. 7 letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on May 11, 2020. • 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 the request and the date of the Planning Commission public hearing on April 22, 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 June 4, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,July 19, 2020 and July 26, 2020. Longside Creek, LLC Agenda Items 31, 32, 33 & 34 Page 5 • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on July 20, 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 31, 2020. Longside Creek, LLC Agenda Items 31, 32, 33 &34 Page 6 Site Layout & Parking Plan ;1i 40 1 . nue , . . . 05 Want% 2 10 ,,, ...: . , ( 'CW= . .- . ,----- - - ---.. --'-i-omproved Pe 4Ir Stree .0011 . cl _. _.. \ 4,., ut‘i stf eet 000,, (.0 _? ' _-..,-• --\ \--\ 0- - . ..-- assigned t° P a 06 of,spa.ces un ts 23.0 Ave, 1 ; 1;\.,.... - Ls- 11/01°''` • I . - - \ \ \, ..;- ..,, , -,i; -. -47;4. Slt5Z ' - I tateeSA0 t 110 't ill ‘406P.7 1 AVE 4. ' PaCICIng SP 'C 0 i'tinitS ---- .-. - , .. 4 •v \00110:0001 ci - _... ,:;,i- -- ---t,\ '-:;,---- ••--' '',-- \ Ai- _ . e - - - . . . . . 4005 Atlantic Ave. #110, 111, 210 & 212 — 1 Bedroom per Unit .,—,.< ,.,... •-- . . . 4 ' 1.. ,..- :__ ._N__ .. 0J i 2 (11 I .._ i. . . , 7, L,,-)) i 1.--- i o J. ..rlis-i .r '.!'-' -V— - — . _'..,_, ...„. Longside Creek, LLC Agenda Items 31, 32, 33 & 34 Page 7 Site Photos . 1 I ..P _. __ ,. , ,, _ ., . I xc. �� _ moyes t ,ti .; _ 11 F ma ..ate _ ._ i _:. .tom- .. V n. lift � , �� P:. Y Longside Creek, LLC Agenda Items 31, 32, 33 & 34 Page 8 Site Photos » r ; Ilk .—: e . • :. ".g . 24 2" ----:' il'': 'Se' _if_.., a_ - t a Wit US VW 9> ' 'e: ([ e 1 f 11111164 2 L i , Off WIt CZ r-S, '-,- 's > e -.21 , . _ _ _., . . .IRS �1.41�• ... . --� Y -� , r I .,!1 P" x - , ' P 1 • Longside Creek, LLC Agenda Items 31, 32, 33 & 34 Page 9 Site Photos , ,,i_.-•• \ N.v.,.. , , -_-• ‘.! , --- .. —* ..,, is, .‘" ? • - - '-'. i'...---Y13;', ','• - • -':.' •.'`'• 4' 0 \ --,..%,,,-2,..+ A : .000 t11-1.- 1 J.- 1., ............. ....... 1: ,,,,..., -,'-'-' _ .. --- •_ --- II •---.L---- _,. - '-` -.... -.. • ---•- ....:, ,-__-- --" ....... •• ---' .- '•- - W ----:%"' '-''.-- -- _T.::•-- --- -- . ..,i-,.--.:- - ;-•' ... ,., , , ., . -. .........-;_•7_, . -... ,...,..•._. , ----.'• . - •,,. ' 7- - -''-.-- ,--____, ._-..•-•-- ,,-?•;,:-..,!'<• ' , - - , . . ••• b :•-• -, ' *1 f' k-- a k e--... .•i , -, .• " • •..'..-..... 1 •, ---,,,, , eff , r 1 --: ...1:.,;:..- .7_ ::••• .......-„:0,-!-„?.. lig.'f II ‘V.•, -.. .., :.• ....*- ':_••_ ii-,-,'::,..40'::k... :"---.7.-•;-• .: ..'•?•::. . -•-*L ,_ __ • _ , -'41:— ' ' ......:. * •: I.°. -• —..!",'.`:". '',-17 . . _A- _....... --- -- .,.--- X ,-'..t= 7..„ -•; :... •;----.0,-r--------'.--:'-'.,,... • ...• ..•,-...),..., _ „ ,.. ._ ,..- _.. ,..- .., _ ......,. .. ..-,, Longside Creek, LLC Agenda Items 31, 32, 33 & 34 Page 10 Disclosure Statement 1VB Virginia Beach APPLICANT'S NAME tz), (_,reck l.�L 0 ) 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 .Ajpeals - 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 •---W... __ 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 1 FOR CITY USE ONLY/All disclosures must be updated two 12)weeks prior to any 1 Page 1 of 7 Planning Commission and cuncil meetina that pertains to the applicaii I Aro ix APPLICANT NO I IFIED OF HEARING DATE. OCI SC)/Q4D 5,iM,-,µ�12t4 445 ® NO CHANGES AS OF DATE OC,/ ❑_ 3d� � �ech/es REVISIONS SUBMITTED DATE S �M �� G Longside Creek, LLC Agenda Items 31, 32, 33 & 34 Page 11 Disclosure Statement \13 Virginia Beach nCheck here if the APPUCANT__IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 1ZCheck here if the APPUCANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Longcreek LLC If an LLC, list all member's names: Randall G. Tabor If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) 0��. & iI C . + cr (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) None See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Longcreek LLC If an LLC, list the member's names:Randall G. Tabor Page 2 of 7 Longside Creek, LLC Agenda Items 31, 32, 33 & 34 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than p" parent subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or anybusiness 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 Longside Creek, LLC Agenda Items 31, 32, 33 & 34 Page 13 Disclosure Statement VirE3 APPLICANT Virginia BeRch rES-1 NO f SERVICE 1 I PROVIDER bus adenoid sheets if {� i�i Accounting and/or preparer of t 1 ►/�j your tax return ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than n [XI the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purdiaser's service providers) • 1 Construction Contractors Qw�e/L a Ci..s33 e-. (1 5I Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers/ n VI Agents/Realtors for current and anticipated future sales of the subject prRperty SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an off'ieial or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ncontingent 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 Longside Creek, LLC Agenda Items 31, 32, 33 & 34 Page 14 Disclosure Statement Ail3 Virginia Beaeh L______ -_____T I TIFICATION: tify that alI of the information contained in this Disclosure Statement Form is plete,true,and accurate. derstand that, upon receipt of notification that the application has been duled for public hearing, I am responsible for updating the information ided herein two weeks prior to the Planning Commission, Council, VBDA ting, or meeting of any public body or committee in connection with this ication.�� t,U1 /� � _,�. Randall G.Tabor 1/23/2020 ANTS SEGNATURE PRINT NAME - DATE Page 5 of 7 Longside Creek, LLC Agenda Items 31, 32, 33 & 34 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. Longside Creek, LLC Agenda Items 31, 32, 33 &34 Page 16 STR VICINITY MAP LONGCREEK, LLC- 4005 ATLANTIC AVENUE UNITS 110, 111, 210 & 212 �q. I % — _ ricuS . �� ue ' Vi\ tit ca ea' tiC)- 6-431-1\--- Bloo Pdi arkwa_ m! �c9�[*��' is ,d • -T,.---/ 7/ . _______al ------ ... .... \ ,.1'- ---'',. . .'///r/ • • / / . ----,1,7, 14, _!.._.#,Ii.; 1 , gilli �/ . �,, ,' 0 44. ove... , - ..i. , < / ../. -, --,-// j537>/ Q :,R i . i f�i,t o,�,. / % , L ! `�I�Q, j ,tianti orf,ce �,, '',/.;'': �, "sr i �-/, �` ' ,N/% / . � .--, . ; / i ‘A- I Y _ STATUS 7 . • • Approved folk-Avenv.e I �H _ -, Ocean Pebbles W' y ' i lipDenied _-.1 r Or-_ y bI Under Review to i 0 Registered � L� 'o Items#31, 32, 33, &34. Longcreek,LLC Conditional Use Permit(Short Term Rental) 4005 Atlantic Avenue,Units 110, 111, 210&212 June 10, 2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the Consent Agenda: Items 1, 2, 3, 4, 5, 7, 8, 10, 11 with amended condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight, City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the Zoning Ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure 1 noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I move approval of the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Seeing, no 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. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Land fair: Ms. Klein. Ms. Klein: Yes. 2 Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Land fair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman:By a recorded vote of eight, for and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit the meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY() ABS 0 ABSENT3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 3 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Units 110, 111, 210 & 212. and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the Parking Plan illustration within the "Site Layout & Parking Plan" section of the Staff report, one off-street, all-weather, hard surface parking space is required and must always be available to the Short-Term Rental occupants renting the unit. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 4 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. 5 J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes *********************************** *********************************** 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. 08/04/2020 jag CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/28/2020 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W O O C Y L NOUWS 0 T THEEES S E O O E SPECIAL SESSION T I R Y S S ER NDN II. CITY COUNCIL DISCUSSION A. WEBEX VIRTUAL MEETING WITH MEMEBERS OF THE GENERAL ASSEMBLY III. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL STATEMENT Alice Kelly,Director —Finance B. SALE OF EXCESS CITY PROPERTY— Taylor Adams, 212 Fair Lady Road Director—Economic Development C. PENDING PLANNING ITEMS Bobby Tajan,Director —Planning and Community Development Bill Landfair, Planning Evaluation Coordinator D. WESTMINSTER CANTERBURY ON Bobby Tajan,Director CHESAPEAKE BAY MODIFICATION OF —Planning and CONDITIONS&THALIA ROAD Community PARTNERS REZONING Development VII. A. CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y SESSION B S T A N E D B. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y SPECIAL SESSION July 21,2020 C. MAYOR'S PRESENTATION PROCLAMATION IRA AGRICOLA DAY Ira Agricola, Executive Vice President, Government Affairs —Hampton Roads Chamber of Commerce E.1. Resolution to OPPOSE Offshore Drilling and ADOPTED 10-0 Y Y Y Y Y A Y Y Y Y Y Seismic Testing(Requested by Council B Members Abbott,Berlucchi,Tower,and S Wilson) T A N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/28/2020 PAGE: 2 B AGENDA ITEM# SUBJECT MOTION VOTE R A L B U E J R T I 0 B CDNOMO 0 L W 0 O C Y L NOUWS 0 T SPECIAL SESSION T HEE E S S E O O E T I R Y S S ERNDN E.2. Resolution to REQUEST the Circuit Court to MOTION TO 5-6 YNN N N Y Y YNNY Order a Referendum Election be held on APPROVE FAILED November 3,2020 re"Should the City Council adopt an ordinance requesting a change to the City Charter that would DENIED 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) E.3. Ordinance to GRANT a Non-Exclusive ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Franchise Agreement to Kitty Hawk Wind, CONSENT B LLC re install,maintain,and operate S facilities in the public streets and rights-of- T way for offshore wind energy projects A N E D E.4. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into portions of City's rights- CONSENT 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.1. WILLIAM&MARIE BURKHOLDER/ DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y THOMAS P.JOHNSON for a Conditional Use Permit re short term rental at 4472 Ocean View Avenue,Unit B DISTRICT 4—BAYSIDE F.2. VACATION PROPERTIES,LLC/SEAN APPROVED/ 9-1 Y Y Y NY Y Y Y Y A Y &TIJUANA BELL for Conditional Use CONDITIONED,AS Permits re short term rentals at 304 28th AMENDED Street: a. Unit 310 b. Unit 311 DISTRICT 6—BEACH F.3. ALLEN PRINCE for Conditional Use APPROVED/ 10-1 Y Y ` Y NY Y Y Y Y Y Y Permits re short term rentals at 525 21s' CONDITIONED,AS Street: AMENDED a. Unit A b. Unit B DISTRICT 6—BEACH F.4. MISSION ENTERPRISES,LLC fora APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y Conditional Use Permit re short term rental CONDITIONED,AS at 517 Virginia Beach Boulevard AMENDED DISTRICT 6—BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/28/2020 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B CDN OMO 0 L W 0 O C Y L NOUWS 0 T THEE E S S E O O E SPECIAL SESSION T I R Y S S ERNDN F.5. JANET MARINO for a Conditional Use APPROVED/ 10-1 Y Y Y NY Y Y Y Y Y Y Permit re short term rental at 951 Maryland CONDITIONED,AS Avenue AMENDED DISTRICT 6—BEACH F.6. HMC,LLC/MINH YOUNG for APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y Conditional Use Permits re short term rental CONDITIONED,AS 4669 Merrimac Lane AMENDED DISTRICT 4—BAYSIDE F.7. ARICA ATKINS&MELVIN L.ATKINS, APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y III for Conditional Use Permits re short term CONDITIONED,AS rentals at 598 Pinewood Drive: AMENDED a. Unit 203 b. Unit 208 DISTRICT 6—BEACH F.8. EMILY PERDONCIN&DENNIS SMITH APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y for a Conditional Use Permit re short term CONDITIONED,AS rental at 2306 Oak Street AMENDED DISTRICT 5—LYNNHAVEN F.9. GEOFFREY WHITESIDE for a DEFERRED TO 10-0 Y Y Y A Y Y Y Y Y Y Y Conditional Use Permit re short term rental SEPTEMBER 1,2020 at 131 South Thalia Road DISTRICT 5—LYNNHAVEN F.10. JUSTYCE SWANGO/JAAG APPROVED/ 7-3 Y N Y ANN Y YYYY INVESTMENTS,INC.for a Conditional CONDITIONED,AS Use Permit at 521 Carolina Avenue AMENDED DISTRICT 6—BEACH APPOINTMENTS RESCHEDULED BY CO N S E N S US 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 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/28/2020 PAGE: 4 B AGENDA ITEM# 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 L NOUWS 0 T THEE E S S E O O E SPECIAL SESSION T I R Y S S ERNDN PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION ADVERTISING ADVISORY COMMITTEE Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y Lisa Hemphill (Represents Hotel Association) 7/28/2020 No Term BOARD OF BUILDING CODE APPEALS Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y Steve Sonkin (Alternate) 5 Year Term 7/28/2020-6/30/2025 DEVELOPMENT AUTHORITY Appointed: 9-1 Y Y Y A Y N Y YYYY Guenter Weissenseel 4 Year Term 9/1/2020-8/31/2024 SOCIAL SERVICES BOARD Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y Nicole Thurston Unexpired Term thru 6/30/22 Helena Gourdine Thorpe 4 Year Term 7/28/2020-6/30/2024 VIRGINIA BEACH COMMUNITY Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y DEVELOPMENT CORPORATION Ryan Thum Unexpired Term thru 8/31/2022 HAMPTON ROADS ECONOMIC Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y DEVELOPMENT ALLIANCE Patrick Duhaney City Manager 7/28/2020 No Term HAMPTON ROADS PLANNING Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y DISTRICT COMMISSION Patrick Duhaney City Manager Unexpired thru 6/30/2021 +2 Year Term 7/1/2021-6/30/23 OCEANA LAND USE CONFORMITY Appointed: 10-0 Y Y Y A Y Y Y Y Y Y Y COMMITTEE Patrick Duhaney City Manager No Term ADJOURNMENT 9:35 P.M.