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AUGUST 25, 2020 SPECIAL JOINT SESSION MINUTES ?; j VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 25, 2020 Mayor Dyer called to order the CITY COUNCIL JOINT SPECIAL FORMAL SESSION in the Virginia Beach Convention Center, Tuesday,August 25, 2020, at 6:00 P.M Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None Planning Commission Members Present: Steve Barnes,John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein INVOCATION: Council Member Wooten PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 2 CALL TO ORDER ITEM#70673 Mayor Dyer asked that the below letter dated August 20, 2020 be made a part of the record: August 20, 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 JOINT SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL and the VIRGINIA BEACH PLANNING COMMISSION Tuesday,August 25,2020 6:00 P.M. Virginia Beach Convention Center 100019ih Street The purpose of this JOINT SPECIAL FORMAL SESSION is to allow the City Council and the Planning Commission to hear planning items concurrently which is necessary in light of a prior advertising error. The City Council will hold a Public Comment and consider the Ordinances listed on the printed agenda, then immediately following, the City Council and the Planning Commission will proceed with the Public Hearing and consider planning items listed on the printed agenda. Citizens may comment either in person or virtually. If you would like to speak in person,please call the City Clerk's office at 757-385-4303 to sign up. If you wish to make comments virtually on an item,please follow the two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e9ecfdfa6ad7 3 l e16f5ef82b95a978f5c •Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnes(a),vbgov.com prior to 5:00 p.m. on August 25, 2020 This Joint Special Formal Session will be streamed live on www.vbgov.com and Facebook Live, and will be recorded for rebroadcast on Cable TV Citizens are encouraged to submit their comments to the City Council prior to the meeting via email at CityCouncilAvbgov.com. Sincerely, Robert M. Dyer Mayor Cc: Planning Commission Chair and Members City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office August 25, 2020 Jti 0.A BEq ., am. Cit of Vir i in'a. Beach .�„ r , s g E oL'��dar '• tr OUR NAmoo v B{g1i .co411 ROBERT M.'BOBBY'DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23458-9000 (757)385-4581 FAX(757)3855699 BDYER8VBGOV.COM August 20,2020 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, and with the consent of the Planning Commission Chair,I hereby call for a JOINT SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL and the VIRGINL4 BEACH PLANNING COMMISSION Tuesday,August 25,2020 6:00 P.M. Virginia Beach Convention Center 100019th Street The purpose of this JOINT SPECIAL FORMAL SESSION is to allow the City Council and the Planning Commission to hear planning items concurrently which is necessary in light of a prior advertising error. The City Council will hold a Public Comment and consider the Ordinances listed on the printed agenda, then immediately following, the City Council and the Planning Commission will proceed with the Public Hearing and consider planning items listed on the printed agenda. Citizens may comment either in person or virtually. If you would like to speak in person,please call the City Clerk's office at 757-385-4303 to sign up. If you wish to make comments virtually on an item,please follow the two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e9ecfdfa6ad731 e1 ff5ef82b95a978f5c •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 25,2020 This Joint Special Formal Session will be streamed live on www.vbgov.com and Facebook Live, and will be recorded for rebroadcast on Cable TV Citizens are encouraged to submit their comments to the City Council prior to the meeting via email at CityCouncil@a,vbgov.com. Sincerely, Robert M.Dyer Mayor Cc: Planning Commission Chair and Members City Manager City Attorney City Clerk Deputy City Managers FO/A Officer Communications Office 3 ITEM—I.E MINUTES ITEM#70674 Upon motion by Council Member Wilson,seconded by Council Member Abbott, City Council APPROVED the MINUTES of the SPECIAL SESSION of August 18, 2020 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 4 ITEM—I.E MINUTES ITEM#70675 Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission APPROVED the MINUTES of the JOINT SPECIAL SESSION of August 18, 2020 Voting: 6-0 Planning Commission Members Voting Aye: John H. Coston, Donald Horsley,Michael Inman, Dee Oliver,Jack Wall and David Weiner Planning Commission Members Abstaining: Steve Barnes, Walter Graham, David Redmond Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 5 ITEM—LE MINUTES ITEM#70676 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED the MINUTES of the JOINT SPECIAL SESSION of August 18,2020 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 6 MAYOR'S INTRODUCTION AND PROCEDURES OF JOINT MEETING ITEM#70677 Mayor Dyer welcomed and expressed his appreciation to the members of the Planning Commission for being with City Council tonight and for the next few meetings. Mayor Dyer asked the City Attorney to explain why this joint meeting is necessary. Mark Stiles, City Attorney, read the following statement: "Thank you,Mr.Mayor. The Planning Commission plays an important role in vetting and making recommendations regarding planning items that will come before the City Council. Part of that process is a public hearing. By law that public hearing must be advertised in the newspaper two times in the weeks leading up to the meeting. Each advertisement is required to contain a brief description of each item being considered and then advise the public where they can go to look at the proposed item, ordinance, or amendment. Unfortunately, when COVID hit us and City offices closed and meetings went virtual, the sentence in the advertisement telling people where they could see the item, ordinance or amendment was accidentally omitted. This omission casts the validity of the public hearings and the recommendations made by the Planning Commission into question and the only sure way to fix that is for the Planning Commission to hear those items again and make new recommendations. These joint meetings allow that to happen in a manner that minimizes the delay in the consideration of the affected applications. Again, we say thank you to our Planning Commission and we apologize to the public and to them for the inconvenience that this situation has caused." Mayor Dyer advised there are several items on the Agenda tonight and called on the City Clerk to outline the procedures for this joint meeting. Amanda Barnes, City Clerk, read the following statement: "The City Council will begin by taking up the non planning related public hearing and the ordinances and resolutions on the agenda according to its usual process. Some items may be considered for approval on a consent agenda. Any non-consent ordinances and resolutions will be heard and decided by the Council after the consent agenda is adopted. There will be a separate consent agenda vote for planning items. The Mayor will then open a public hearing on the Planning Items. The Public hearing for the planning items will be a joint public hearing. Speakers will be addressing both the Planning Commission and the City Council and members of either body may pose questions to the speakers. Although the public hearing will be conducted jointly, each bodies'deliberation will be separate with the Planning Commission going first. August 25, 2020 7 MAYOR'S INTRODUCTION AND PROCEDURES OF JOINT MEETING ITEM#70677 (Continued) At the outset of the public hearing on the planning items, I will identify those items where there are no speakers or only one speaker registered other than the applicant. For any item where there is no speaker other than the applicant, that item may be placed on a consent agenda for both bodies unless a member of either body requests that the item be pulled for separate consideration. If there is a request for an item to be pulled, that item will be heard by both bodies. Where only one speaker has signed up to speak on multiple items, we will call the speaker forward and allow the speaker to address each of the items. The speaker will have three minutes per item. These items may also be placed on the consent agendas unless a member of either body requests that one or more of them be pulled. The applicant will have an opportunity to speak to their item if there is a request to remove that item from the consent agenda. The Planning Commission will then consider its consent agenda, followed by the City Council. Thereafter the public hearing on the remaining items will take place. After all speakers have been heard on an item, the Planning Commission will deliberate and vote on that item. After the planning Commission adopts its recommendation, the Council will then deliberate and vote on that item, and the process will repeat until all items have been heard." Mayor Dyer verified with the members of City Council and Planning Commission there were no questions or concerns and advised the body will proceed to the Public Comment. August 25, 2020 8 ITEM—LF PUBLIC COMMENT ITEM#70678 Mayor Dyer DECLARED a PUBLIC COMMENT: RESOLUTION TO REESTABLISH A RESORT MANAGEMENT OFFICE AND ADDRESS RESORT AREA INITIATIVES The following registered to speak: BJBaumann, 308 Mediterranean Avenue, Phone: 422-5654, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT August 25, 2020 9 ADD ON RESOLUTION ITEM#70679 Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council ADDED Resolution to ADD a member to the CVB Community Task Force re sports-marketing representative Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 10 ADD ON RESOLUTION ITEM#70680 Upon motion by Vice Mayor Wood,seconded by Council Member Wilson, City Council ADDED Resolution to RENAME the Virginia Beach Emergency Medical Services Headquarters and Training Center as, "The Bruce W.Edwards Virginia Beach Emergency Medical Services Headquarters and Training Center" Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 11 ITEM—I.G FORMAL SESSION AGENDA CITY COUNCIL—ORDINANCES/RESOLUTIONS ITEM#70681 Mayor Dyer advised for items where only one (1)speaker is registered, the City Clerk will call the speaker and they will be given three(3)minutes on each legislative item they registered to speak. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514, spoke in OPPOSITION on items:H: 1 a/b Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions H: l a/b, 4(ADD ON) and 5(ADD ON) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 12 ITEM—I.H.la ORDINANCES/RESOLUTIONS ITEM#70682 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $10,141,570 in CARES Act Funding to FY2020-21 Virginia Beach City Public Schools (VBCPS) Operating Budget re support remote and extended learning, and continuity of operations and services Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $10,141,570 IN FEDERAL FUNDING TO THE FY 2020-21 3 OPERATING BUDGET OF THE VIRGINIA BEACH CITY 4 PUBLIC SCHOOLS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $10,141,570 from the Coronavirus Aid, Relief, and Economic Security (CARES) 10 Act is hereby accepted and appropriated, with federal revenues increased accordingly, to 11 the Categorical Grants Fund of the Virginia Beach City Public Schools FY 2020-21 12 Operating Budget for various measures required to educate children during the COVID- 13 19 Pandemic. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 5_r.h_ day of August , 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: itit B t and Management Services City 's Office CA15145 R1 August 13, 2020 13 ITEM—I.H.lb ORDINANCES/RESOLUTIONS ITEM#70683 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $5,000 from Cox Communication to FY2020-21 Finance Operating Budget re provide outreach and engagement to Small, Woman, and Minority (SWaM) businesses through the Ignite Series(Requested by Council Member Wooten) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN 2 THE FY 2020-21 OPERATING BUDGET TO 3 PROVIDE ONE-TIME PAYMENTS TO CERTAIN 4 CITY EMPLOYEES 5 6 WHEREAS, the City Council, on August 18th, authorized hazard pay for certain 7 employees where the eligibility for such hazard pay was provided by the CARES Act; 8 9 WHEREAS, certain employees were not eligible for hazard pay but were classified 10 as "Emergency Responders" for purposes of the Families First Coronavirus Response 11 Act (FFCRA); 12 13 WHEREAS, other employees have worked to ensure the continuity of day-to-day 14 operations through the COVID-19 pandemic; 15 16 WHEREAS, in recognition of the labor and effort of these City employees, a one- 17 time payment of$1,500 to"Emergency Responders" making less than $100,000 per year 18 and not otherwise eligible for hazard pay and one-time payment of$250 to other full-time 19 employees making less than $100,000 per year and not otherwise eligible for hazard pay 20 or the one-time payments for Emergency Responders has been recommended; 21 22 WHEREAS, to effectively implement these initiatives as intended by City Council, 23 the City Manager will need discretion to review individual cases on a as needed basis to 24 make final determination of eligibility; and 25 26 WHEREAS, a demonstrative list of the funds and departments is attached hereto 27 as Exhibit A and Exhibit B. 28 29 NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA, THAT: 31 32 1. A one-time payment in the amount of $1,500 is hereby authorized for full-time 33 employees classified as "Emergency Responders"for purposes of the FFCRA, 34 making less than $100,000 per year, employed during the months of March 35 through June 2020, currently employed by the City, and not previously provided 36 hazard pay. 37 38 2. A one-time payment in the amount of $250 is hereby authorized for full-time 39 employees making less than $100,000 per year, employed during the months 40 of March through June 2020, currently employed by the City, and not otherwise 41 eligible for hazard pay or the one-time payment authorized in Section 1, supra. 42 43 3. A transfer of vacancy savings is authorized to provide the one-time payments 44 provided herein and consistent with the list of funds and departments set forth 45 in Exhibit A and Exhibit B. The City Manager is authorized to transfer vacancy 46 savings between departments if needed to provide the payments authorized by 47 the ordinance. 48 49 4. Because some of the positions included in the list of hazard pay authorized by 50 the City Council on August 18, 2020 may not be eligible for CARES Act 51 reimbursement and other positions not included on such list are eligible for 52 hazard pay, the City Council authorizes the City Manager or his designee to 53 review individual positions, as necessary, to determine hazard pay eligibility 54 and eligibility of the payments authorized herein. The preference in such 55 determination shall be:(i)hazard pay, if eligible,first; (ii)Emergency Responder 56 one-time payment, if eligible, second; and (iii) $250 one-time payment. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2 5 t h day of Aug.l.LB t _- , 2020. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY ---- Budget and Management Services City Att rney's Office CA15144 R-3 August 20, 2020 Exhibit A One Time Pay Amount Fringe Total City Garage ISF $ 93,500 $ 7,153 $ 100,653 Parks and Rec SRF $ 56,250 $ 4,303 $ 60,553 Sandbridge SSD $ 1,750 $ 134 $ 1,884 Stormwater $ 109,250 $ 8,358 $ 117,608 Waste Management $ 186,250 $ 14,248 $ 200,498 Water&Sewer $ 375,250 $ 28,707 $ 403,957 Telecommunications ISF $ 1,500 $ 115 $ 1,615 Law Library $ 500 $ 38 $ 538 Federal Section 8* $ 4,500 $ 344 $ 4,844 Community Development SRF* $ 4,250 $ 325 $ 4,575 School Landscaping $ 14,500 $ 1,109 $ 15,609__ Agricultural Reserve $ 250 $ 19 $ 269 Grants Consolidated* $ 8,250 $ 631 $ 8,881 Parking Enterprise $ 1,500 $ 115 $ 1,615 Risk Management $ 1,250 $ 96 $ 1,346 Sheriff $ 15,250 $ 1,167 $ 16,417 Tourism Advertising $ 4,000 $ 306 $ 4,306 Tourism Investment $ 13,000 $ 995 $ 13,995 General Fund $ 1,328,000 $ 101,592 $ 1,429,592 Total $ 2,219,000 $ 169,754 $ 2,388,754 *Denotes Grant Fund.These amounts will be transferred from the General Fund if needed. Exhibit B umber of , Qualified One Time FICA/ Department I -I i,- •* Positions Pay Amount Pay Total Medicare Total Agriculture 7 $ 250 $ 1,750 $ 134 $ 1,884 Budget 8 $ 250 $ 2,000 $ 153 $ 2,153 Circuit Court Judges 8 $ 250 $ 2,000 $ 153 $ 2,153 City Attorney 27 $ 250 $ 6,750 $ 516 $ 7,266 City Auditor 5 $ 250 $ 1,250 $ 96 $ 1,346 City Clerk 5 $ 250 $ 1,250 $ 96 $ 1,346 City Manager 12 $ 250 $ 3,000 $ 230 $ 3,230 City Real Estate Assessor 32 $ 250 $ 8,000 $ 612 $ 8,612 City Treasurer 65 $ _ 250 $ 16,250 $ 1,243 $ 17,493 Clerk of the Circuit Court 53 $ 250�$ 13,250 $ 1,014� $ 14,264 Commissioner of the Revenue 55 $ 250 $ 13,750 $ 1,052 $ 14,802 Commonwealth's Attorney 73 $ 250 $ 18,250 $ 1,396 $ 19,646 Communications 16 $ 250 $ 4,000 $ 306 $ 4,306 CVB 96 $ 250 $ 24,000 $ 1,836 $ 25,836 Cultural Affairs 7 $ 250 $ 1,750 $ 134 $ 1,884 rEconomic Development 13 $ 250 $ 3,250 $ 249 $ 3,499 ECCS- ER 73 $ 1,500 $ 109,500- $ 8,377 $ 117,877 ECCS 28 $ 250-$ 7,000 $ 536 $� 7,536 Emergency Management-ER 6 $ 1,500 $ 9,000 $ 689 $ 9,689 Emergency Medical Services 15 $ 250 $ 3,750 $ 287 $ 4,037 Finance 48 $ 250 $ 12,000 $ 918 $ 12,918 Fire 23 $ 250 $ 5,750 $ 440 $ 6,190 Health 1 $ 250 $ 250 $ 19 $ 269 Housing 76 $ 250 $ 19,000 $ 1,454 $ 20,454 Human Resources 41 $ 250 $ 10,250 $ 784 $ 11,034 Human Services- ER 234 $ 1,500 $ 351,000 $ 26,852 $ 377,852 Human Services 142 $ 250 $ 35,500 $ 2,716 $ 38,216 Information Technology- ER 35 $ 1,500 $ 52,500 $ 4,016 $ 56,516 Information Technology 101 $ 250 $ 25,250 $ 1,932 $ 27,182 Juvenile Probation 2 $ 250 $ 500 $ 38 $ 538 Library 190 $ 250 $ 47,500 $ 3,634 $ 51,134 Parks and Recreation - 372 $ 250 $ 93,000 $ 7,115 $ 100,115 Parks and Recreation-ER 8 $ _ 1,500 $ 12,000 $ 918 $ 12,918 Planning 119 $ _ 250 $ 29,750 $ 2,276 $ 32,026 Police 178 $ 250 $ 44,500 $ 3,404 $ 47,904 Public Utilities-ER 234 $ 1,500 $ 351,000 $ 26,852 $ 377,852 Public Utilities 97 $ 250 $ 24,250 $ 1,855 $ 26,105 Public Works-ER 494 $ 1,500 $ 741,000 $ 56,687 $ 797,687 Public Works 293 $ _ 250 $ 73,250 $ 5,604 $ 78,854 Sheriff 61 $ 250 $ `15,250 $ 1,167 $ 16,417 STiR 4 $ 250 $ 1,000 $ 77 $ 1,077 Aquarium 88 $ 250 $ 22,000 $ 1,683 $ 23,683 Voter Registrar 11 $ 250 $ 2,750 $ 210 $ 2,960 Total 3,456 $ 2,219,000 $ 169,754 $ 2,388,754 *ER denotes positions determined to be emergency responders during the COVID-19 pandemic. 14 ITEM—I.H.2 ORDINANCES/RESOLUTIONS ITEM#70684 The following registered to speak: Barbara Messner, P.O. Box 514, spoke in OPPOSITION Eric Wray, 4930 April Avenue, Phone: 235-0441, spoke in OPPOSITION A motion was made by Council Member Wooten, seconded by Council Member Tower, to APPROVE the Resolution for APPROVAL of Ignite Series virtual boot camp in September 2020 (Requested by Council Member Wooten) Voting: 2-9(MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Guy K. Tower Sabrina D. Wooten Council Members Voting Nay.• Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: None August 25, 2020 15 ITEM—I.H.3 ORDINANCES/RESOLUTIONS ITEM#70685 The following registered to speak: Barbara Messner, P.O. Box 514, spoke in OPPOSITION Alfred McClenny, 936 Aragona Boulevard, Phone: 749-3714, spoke in SUPPORT Dante Strabino, 834 Benjamin Place, Phone: 949-539-2451, spoke in SUPPORT Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED Ordinance to TRANSFER necessary funds from salary and vacancy savings within the FY2020-21 Operating Budget re one-time payments of$1,500 to Emergency Responders and$250 to eligible full- time employees Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None *Council Member Moss asked that the attached letter dated August 25, 2020, be made a part of the record August 25, 2020 G O� f 0 gym. t )1 City of Virginia 13 ach `'°r ,z� Tuesday, August 25, 2020 yet °„ S OF OUR NATION'S VBgov.com JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE JDMOSS@VBGOV.COM Dear Colleagues and Beach residents, This letter, the contents which I have posted on Facebook earlier, states for the Council record the reasoning for my "nay" vote on City Council's August 25, 2020 Formal Agenda Session item H.3. I will request that I be permitted to submit this letter as part of the record in lieu of being read in total under discussion prior to the vote involving item H.3. I will be happy to read the letter in its entirety into the record, if that is Council's pleasure. Some Socio-Economic Stats during COVID that have informed my position on the City Manager's recommendation to spend —$2.4 million of budget savings on employee bonuses (more than a third of a cent of the real estate tax rate). Interesting enough the published public agenda item does not even state the amount of money being transferred. You have to go to the actual agenda details to learn the amount. I think —$2.4 million is a sum worth mentioning upfront to the public. I believe Council missed the mark in meeting our standard of transparency on this agenda item. Council needs to provide direction to preclude its reoccurrence in the future. Number of Households on Food Stamps: Feb 2020: 11,724 July 2020: 14,340 An increase of 2,616 or 22.3% or average of 4 percent per month Participating Individuals Medicaid and FAMIS/CHIP April 1, 2020: 65,130 Aug 1, 2020 70,264 An increase of 5,134 or 7.9% or average of2 percent per month Medicaid Expansion April 1, 2020: 17,969 Aug 1, 2020 20,451 An increase of 2,482 or 13.8% or average of 3.5 percent per month 1 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 Virginia Beach residents Unemployed per the Virginia Employment Commission Week of Initial Claims and Continued Claims — Week Initial Claims Continued Claims July 4 1 ,665 19,728 July 11 1,746 19,300 July 18 2,280 18,300 July 25 2,959 17,960 Aug 1 1,409 17,161 Aug 8 617 12,821 Aug 15 591 13,215 NOTE: I have to do more direct research to get the numbers further back to post. COVID Evictions Filed and Found for the Plaintiff (landlord) 2016: 3,569 2017: 4,267 2018: 7,194 2019: 4,873 2020: 1,650 (impacted by the moratorium that runs thru September 7, 2020) The above stats do not address households experiencing reduced hours. One conclusion one can draw is that the above taxpayers are among the universe of taxpayers that are the most essential folks in our community, as they enable the financing of government. At the moment they are among our fellow residents most in need of financial assistance. If the City has additional available funds from the current reduced budget compared to last year, those funds should be directed to our fellow citizens most in need. City Council needs to direct those resources to these households. Who is more at risk during the COVID crisis than the unemployed or those on low-income? Hardly anyone. The stats above clearly demonstrate that folks with high job security, generous health benefits, defined benefit pensions, and generous leave are not among those in most need for disbursement of locally generated discretionary tax dollars available under current circumstances. As to volunteers that the City cannot directly provide paid compensation, I am highly supported of a reasonable expenditure to provide the appropriate form in the appropriate forum recognition of their service, for example, members of the City's various volunteer rescue squads. 2 I respect that other people can look at the stats above and draw a different conclusion on how the City Council could best allocate and expend 'r$2.4 million of discretionary taxpayer provided City funds. I find it objectionable to take monies that City Council confiscates from taxpayers that is now judged discretionary, is now not being proposed to be used to directly help those taxpayers most in need. There are folks working in the private sector doing an "essential job" in what one would consider COVID risk environments and not receiving hazard pay. They are paying the very local taxes that the City Manager is proposing be paid to folks, for example in Parks and Recreation, whose exposure remains subordinate to those such as police, fire and rescue. I suggest their risk, employees outlined in the City Manager's 18 and 21 August 2020 correspondence to City Council, is no greater than that of a grocery store clerk and their fellow retail professionals. Per reports generated by the Virginia Employment Commission for the quarter ending 31 December and posted in the City of Virginia Beach draft Security and Exchange Commission Bond Prospectus filing for November 2020, on page A-19 the average weekly wage for the 27,000 workers in Virginia Beach in the "Wholesale and Retail Trade" industry group was $673 a week that is $34,996 a year, if you were in a paid status for each week for 52 weeks. The next highest employment industry group in Virginia Beach is "Services" at 88,453 workers with an average weekly wage of $852 a week. These two groups constitute 115,453 of the total private sector employment of 150,335 or 76.8 percent. The foregoing is yet another contextual lens through which the City Manager's recommendation should be assessed. Putting the previous paragraph in additional context, a laid-off private sector Beach worker making the average weekly wage of$673 and that worked every week the prior two quarters would receive a weekly unemployment benefit of $177 a week (26 percent of their working weekly wage). A laid-off private sector Beach worker making the average weekly wage of$852 and that worked every week the prior two quarters would receive a weekly unemployment benefit of$222 a week (26 percent of their working weekly wage). I believe most of us would conclude that providing 13,215 Beach households with an unemployed member are in greater need of receiving the distribution of an additional $2.4 million in financial assistance no matter the form it takes. You only have to be aware of the demand on food banks, churches, etc. to appreciate the depth of the financial stress the COVID pandemic has imposed. Federal Funds were used to pay hazard pay to first-responders per the CARES Act. To expand the scope using local taxpayers' generated funding raises a different set of considerations. I have heard the voices claiming the fairness standard requires almost all City employees to receive a one-time hazardous duty bonus. Those voices are devoid of 3 any consideration of what is fair to the larger set of taxpayers, and where is the need greatest for the investment of "$2.4 million of now identified discretionary money. There is no doubt City employees are doing a valuable service. Doing valuable service under stressing times in a new threat environment, is no different from that being experienced by private sector employees across the City and Beach taxpayers. Many private employers could not afford to pay their employees if they were not working and many private sector jobs, especially those at the lowest wages, cannot be performed from the worker's home. People employed in the private sector are most expose to and incur the greatest economic adverse impact from the COVID pandemic. When you add the fact that all employees making less than $100,000 are eligible, further draws into question the appropriateness of the City Manager's recommendation. If you doubt the former comparison, the median family income of Virginia Beach households is just under $78,000. Over fifty percent of Beach household (just over 84,000 households) most of which are two-income earning adults (incomes under the median) are going to have their taxes used to pay a bonus to workers who make greater than $78,000 but less than $100,000. Given the financial stress of households today, you decide where the consideration of Beach taxpayers factored into the proposal to spend "$2.4 million of discretionary tax dollars. In my judgment, there are just no compelling reasons based on the totality of facts and circumstances to vote favorably on the City Manager's recommendation to transfer $2,388,754 million of taxpayer available savings in this year's budget to give 3,456 employees (over and above the approximate 1,700 police, fire, and EMS personnel that received CARES Act funded one-time hazard duty pay) a hazard pay bonus (1,084 employees = $1,500 each and the balance 2,372 employees = $250 each). I applaud the intent of the City Manager and my City Council peers, but when so many businesses and residents are financially suffering and struggling to stay afloat, acting favorably on the City Manager's recommendation sends the wrong message. If we could give every household in Virginia Beach $1,500 then we would be talking true fairness. I further appreciate there is an election coming up and employees and their families represent a sizeable voting-block. The larger public and I want to believe that a majority of City employees as well, want their elected leaders to be true to their fiduciary duties. Each council member, subject to the voters' renewed consent on Election Day, makes their own determination on how to best exercise their respective fiduciary duties. My conclusion is that the City Manager's recommendation, which I believe is responsive to a significant number, if not a majority of my peers, is not a recommendation for 4 which I can cast my vote in support. It is not my place to pass judgment on the votes of my peers. It is you the voters, based on your assessment of the facts and their context, who will draw your own conclusions on how and why each member of City Council casts their respective vote. My duty is to provide you my best informed and reasoned judgment; my duty is done. Sincerely, 141A I lbhn D. oss Cc: City Clerk Virginia Beach Chamber of Commerce Council of Civic Leagues My Facebook page 5 16 ADD ON RESOLUTION ITEM#70686 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED,BY CONSENT,Resolution to ADD a member to the CVB Community Task Force re sports-marketing representative Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 REQUESTED BY CITY COUNCIL 1 A RESOLUTION ADDING AN ADDITIONAL MEMBER 2 TO THE CVB COMMUNITY TASK FORCE 3 4 WHEREAS, at the City Council's retreat in February 2020, the City's consultant, 5 Bill Hanbury with Academy Street Collaboration, presented initial findings of his analysis 6 and recommendations for management of the Convention & Visitors Bureau ("CVB"); 7 8 WHEREAS, the consultant recommended the establishment of a Community Task 9 Force to evaluate transitioning the CVB to a new organizational structure with three 10 distinct alternatives: 11 12 1. Remain within the City government; 13 2. Hybrid public-private foundation or authority; or 14 3. Public-private nonprofit; and 15 16 WHEREAS, the City Council on July 7, 2020, adopted a resolution establishing 17 the CVB Community Task Force, and that resolution provided that the task force shall 18 consist of the following 15 members: 19 20 • Two City Council members; 21 • A Resort Advisory Commission representative; 22 • Two Virginia Beach Hotel Association representatives; 23 • A Restaurant Association representative; 24 • A Central Business District Association representative; 25 • Two persons with sports marketing experience; 26 • Three business representatives from other industry sectors; and 27 • Three citizens from across the City; 28 29 WHEREAS, on August 18, 2020, the City Council adopted a resolution adding a 30 fourth citizen member to the task force; and 31 32 WHEREAS, the City Council believes that the addition of another member with 33 sports marketing expertise would be beneficial; 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 That a third person with sports marketing experience is hereby added to the CVB 39 Community Task Force. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 5 t 11 day of August , 2020. APPROVED AS TO LEGAL SUFFICIENCY: , ;e6ecs4 sic . City Attorney's Offic CA15153 R-1 August 24, 2020 17 ADD ON RESOLUTION ITEM#70687 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Resolution to RENAME the Virginia Beach Emergency Medical Services Headquarters and Training Center as, "The Bruce W.Edwards Virginia Beach Emergency Medical Services Headquarters and Training Center" Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 REQUESTED BY CITY COUNCIL 1 A RESOLUTION RENAMING THE VIRGINIA BEACH 2 EMERGENCY MEDICAL SERVICES 3 HEADQUARTERS AND TRAINING CENTER AS 4 "THE BRUCE W. EDWARDS VIRGINIA BEACH 5 EMERGENCY MEDICAL SERVICES 6 HEADQUARTERS AND TRAINING CENTER" 7 8 WHEREAS, Bruce W. Edwards served as Chief of the Department of Emergency 9 Medical Services for the City of Virginia Beach for 32 years; 10 11 WHEREAS, he was the longest serving member in the history of Virginia Beach 12 Emergency Medical Services, and he was the longest-tenured CPR instructor, paramedic 13 and administrator in the state; 14 15 WHEREAS, former Chief Edwards's 42-year career in emergency medical 16 services in Virginia Beach began in 1967 when he joined the Ocean Park Volunteer Fire 17 and Rescue Unit, where he rose to the rank of Assistant Fire and Rescue Chief; 18 19 WHEREAS, in 1973, he became Executive Director of the Emergency Coronary 20 Care Program of Virginia Beach, Inc., a federally funded program that produced the first 21 advanced life support technicians in the Commonwealth of Virginia; 22 23 WHEREAS, as coordinator of the Office of Emergency Medical Services for the 24 City from 1975 to 1984, he was responsible for pre-hospital emergency patient care and 25 training programs, and in 1984, he was promoted to Chief of the Department of 26 Emergency Medical Services; 27 28 WHEREAS, Chief Edwards led an EMS Department with more than 1,500 career 29 and volunteer rescue and fire personnel, and in addition to supervising all EMS operations 30 in the City, he regulated private ambulance services and Oceanfront lifeguard operations; 31 32 WHEREAS, the demand for EMS services grew from around 8000 annual calls for 33 assistance when Chief Edwards assumed leadership of the department to approximately 34 44,000 annual calls upon his retirement in 2016; 35 36 WHEREAS, in addition to serving our City, Chief Edwards served his state with 37 distinction, receiving gubernatorial appointments to the State Emergency Medical 38 Services Advisory Board in 2006 and to the Virginia Board of Health in 2009, for which 39 he was selected as Chair in 2011; 40 41 WHEREAS, he earned bachelor's and master's degrees from Old Dominion 42 University, he served his nation as a member of the United States Navy Reserve; 43 44 WHEREAS, his numerous accolades include the Governor's Award as the 45 Outstanding EMS Administrator in the Commonwealth in 1996 and the 2012 Virginia 46 Beach Rescue Squad Foundation Virginia Gilpin Distinguished Service Award; 47 48 WHEREAS, in 2016, upon his retirement, the House of Delegates adopted a 49 resolution commending his service to our City and the Commonwealth, and the City 50 bestowed upon him the title of "Chief Emeritus," in which capacity he continued to serve 51 the City as a volunteer mentor and advisor to the department; and 52 53 WHEREAS, the City Council wishes to express its deep appreciation for former 54 Chief Edward's decades of exemplary public service to our City by renaming the City's 55 EMS headquarters and training center in his memory; 56 57 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 58 VIRGINIA BEACH, VIRGINIA: 59 60 1. That the Virginia Beach Emergency Medical Services Headquarters and 61 Training Center, located at 4160 Virginia Beach Boulevard, is hereby renamed as "The 62 Bruce W. Edwards Virginia Beach Emergency Medical Services Headquarters and 63 Training Center"; and 64 65 2. That the City Manager is hereby directed to take all steps necessary to revise 66 all signage for the facility and all other references to the facility to include this new name. 67 68 Adopted by the City Council of the City of Virginia Beach, Virginia, this 2 5 t h day 69 of August , 2020. APPROVED AS TO LEGAL SUFFICIENCY: / :43/eA:YA City Attorney's Office CA15154 R-1 August 24, 2020 18 ITEM—I.G FORMAL SESSION AGENDA PLANNING COMMISSION—PLANNING ITEMS ITEM#70688 Mayor Dyer advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given three(3) minutes on each Planning Item they registered to speak. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514, spoke in OPPOSITION on items:I: 1, 2, 9, 10, 16, 17, 18, 19a/b, 20a/b, 21, 22 and 23 Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED,BY CONSENT,Planning Items I:3, 4, 9, 10, 16, 17, 18, 19a/b,20a/b, 21,22 and 23 Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 19 ITEM—LG FORMAL SESSION AGENDA CITY COUNCIL—PLANNING ITEMS ITEM#70689 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,BY CONSENT,Planning Items I:3, 4, 9, 10, 16, 17, 18, 19a/b, 20a/b,21,22 and 23 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None *Council Member Henley noted her nay vote on items 9, 10, 16, 17, 18, 19a/b, 20a/b,21, 22 and 23 August 25, 2020 20 ITEM—I.I.1 PLANNING PLANNING COMMISSION ITEM#70690 The following registered to speak: John McClaren,Applicant, spoke in SUPPORT Dora Fountain, 1151 Flobert Drive, Phone: 495-0218, did not respond Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission APPROVED,AS CONDITIONED,MCLAREN INVESTMENTS,LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the parcel into two lots and construct two single-family dwelling at 1129 Flobert Drive DISTRICT 2—KEMPSVILLE Recommended Conditions: 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "SUBDIVISION OF PROPERTY OF MCLAREN INVESTMENTS, LLC," dated June 22, 2020, and prepared by DKT Associates Land Surveyors. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character of the home depicted on page 6 of the Staff report entitled "ARCHITECTURAL EXHIBIT", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Said exterior building facade materials shall consist of a minimum of 90 percent bricks that are compatible with the surrounding development. 3. When the property is developed, the residential dwellings constructed shall vary in size and shape. Voting: 8-0 Planning Commission Members Voting Aye: John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond,Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Steve Barnes—stepped out during vote Robyn Klein August 25, 2020 21 ITEM—I.I.1 PLANNING CITY COUNCIL ITEM#70690 Upon motion by Council Member Abbott, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, MCLAREN INVESTMENTS, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the parcel into two lots and construct two single-family dwelling at 1129 Flobert Drive DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MCLAREN INVESTMENTS, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the parcel into two lots and construct two single-family dwelling at 1129 Flobert Drive (GPIN 1476106913)DISTRICT—KEMPSVILLE The following conditions shall be required: 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "SUBDIVISION OF PROPERTY OF MCLAREN INVESTMENTS, LLC," dated June 22, 2020, and prepared by DKT Associates Land Surveyors. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character of the home depicted on page 6 of the Staff report entitled "ARCHITECTURAL EXHIBIT", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Said exterior building façade materials shall consist of a minimum of 90 percent bricks that are compatible with the surrounding development. 3. When the property is developed, the residential dwellings constructed shall vary in size and shape. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand Twenty. August 25, 2020 22 ITEM—I.I.1 PLANNING CITY COUNCIL ITEM#70690 (Continued) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 r / I • www 4 , 0 till --14. / Pitt si 4. r � cli . ,R`20� ./ , •44 l r r 41111 3 R-20 R=20 7 - i i / . * OA 41* / ....c. ............ r , - 4 *Nir; / \-- ' 4111 .,:y alt / ---------7----------, _ It /9.- I , Wr ili- // Site McLaren Investments, LLC W vor; Property_Polygons 1129 Flobert Drive ti Zoning r Parking Lot Drive Aisle - mom Feet Building 0 20 40 80 120 160 200 240 23 ITEM—LL2 PLANNING PLANNING COMMISSION ITEM#70691 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Commissioner Redmond, seconded by Commissioner Horsley, Planning Commission APPROVED, AS PROFFERED, AS CONDITIONED, Application of ATRICE LEE RICHARD, JR., TRUSTEE OF THE ATRICE LEE RICHARD, JR. REVOCABLE LIVING TRUST for a Conditional Change of Zoning from AG-1 Agricultural District to Conditional I-1 Light Industrial District re subdivide into two lots and rezone Lot A and a Variance to Section 4.4(b)of the Subdivision Regulations re minimize lot area and lot width for Lot B at 2968 Holland Road DISTRICT 7—PRINCESS ANNE Recommended Conditions: An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. 1. The property shall be subdivided as shown on the submitted plat exhibit entitled "Subdivision of 23.840 Acre Parcel Property of Atrice L. Richard", dated January 29, 2020, and prepared by WPL Site Design, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. Only one point of vehicular ingress/egress shall be permitted along Holland Road for the two (2) parcels. The shared access may be established on either parcel; however, if relocated from Lot B, the existing access on Lot B shall be eliminated. 3. During site plan review, an ingress/egress easement shall be established to provide access to Holland Road as described above and a one (1)foot no ingress/egress easement shall be required along the entire length of Holland Road frontage other than a 60 foot width on Lot A across from the existing median break for a future access point, the width of the driveway for vehicular access for Lot B, and as permitted in Condition Four(4) below. 4. The access point that straddles the eastern property line for Lot B is for use only to maintain the drainage facilities located in the drainage easement that runs north along the property line. Lot B has no rights to use this access point. Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 24 ITEM—I.I.2 PLANNING CITY COUNCIL ITEM#70691 Upon motion by Council Member Henley, seconded by Council Member Wilson, City Council APPROVED, AS PROFFERED, AS CONDITIONED, Application of ATRICE LEE RICHARD, JR., TRUSTEE OF THE ATRICE LEE RICHARD, JR. REVOCABLE LIVING TRUST for a Conditional Change of Zoningfrom AG-1 Agricultural District to Conditional I-1 Light Industrial District re subdivide into two lots and rezone LotA and a Variance to Section 4.4(b)of the Subdivision Regulations re minimize lot area and lot width for Lot B at 2968 Holland Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ATRICE LEE RICHARD, JR., TRUSTEE OF THE ATRICE LEE RICHARD, JR. REVOCABLE LIVING TRUST for a Conditional Change of Zoning from AG-1 Agricultural District to Conditional I-1 Light Industrial District re subdivide into two lots and rezone Lot A and a Variance to Section 4.4(b) of the Subdivision Regulations re minimize lot area and lot width for Lot B at 2968 Holland Road (GPIN 1495334774)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. 1. The property shall be subdivided as shown on the submitted plat exhibit entitled "Subdivision of 23.840 Acre Parcel Property of Atrice L. Richard", dated January 29, 2020, and prepared by WPL Site Design, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. Only one point of vehicular ingress/egress shall be permitted along Holland Road for the two (2) parcels. The shared access may be established on either parcel; however, if relocated from Lot B, the existing access on Lot B shall be eliminated. 3. During site plan review, an ingress/egress easement shall be established to provide access to Holland Road as described above and a one (1)foot no ingress/egress easement shall be required along the entire length of Holland Road frontage other than a 60 foot width on Lot A across from the existing median break for a future access point, the width of the driveway for vehicular access for Lot B, and as permitted in Condition Four(4) below. 4. The access point that straddles the eastern property line for Lot B is for use only to maintain the drainage facilities located in the drainage easement that runs north along the property line. Lot B has no rights to use this access point. August 25, 2020 25 ITEM—I.I.2 PLANNING CITY COUNCIL ITEM#70691 (Conditioned) This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25th day ofAugust Two Thousand Twenty. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 a.1 N / �IUM ,' w o * ' I4414 i,I ram= N r��1 o./,.�� ijij z 'I�1, �I%iI Ii •r;:& 4c_�� 'J o , - Y \ ,' ,i•I' co M4 ..,, A ,I%1 co p'•I. � ..\ , o � i � o th . . . ,,,b lila Eic-Wii sio.V.I- 1. ,„.„. „....-- n .0 1415 ve N ' 44:. *it:*C.,)4' 4.%,, .14441/4,' .-It -. co W ;4 _ / 013 \ Q • (D\N ;.:.1 �• a , 1 `.I 0 co N < I ,44.71,- -.. / I.! -- 'LL iii �\r N �' C/r' . w " ,�. mi `� L . Amon Q / ' t, "4. Q o t— .� • ii 0'N...N 6", cli o v i►^r.,Q c� 16\ik 4 % _ . ,‘'ic : ,•:** 4114. .°•••• CO I . --------< >, N. u� 1. / . C, ♦^ 2 ppp o • v 0 N 4 mim cp > i j' .,# ,. ..... .\\.4)\\\‘ .,./ 4.... / 0 t 0) —1°) rt3) i \ %p o L � do 0 / ° Ce "= o ( CO N d CC) � � a /ce . . 1 / . ./..\\ , 26 ITEM—I.I.3 PLANNING PLANNING COMMISSION ITEM#70692 Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of KENNETH R. PRUITT/KING'S GRANT BAPTIST CHURCH for a Modification of Conditions re open-air market at 873 Little Neck Road DISTRICT 5—LYNNHAVEN(Approved June 16, 2015) Recommended Conditions: 1. All conditions of the Conditional Use Permit for an Open-Air Market dated June 16, 2015 are null and void and are replaced with the following. 2. Activities related to the Open-Air Market shall be located within the areas designated on the site layout entitled "King's Grant Baptist Church Community Market,"dated July 1, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department ofPlanning& Community Development. 3. Products sold at the market shall be limited to local agricultural, seafood and related food products, as well as homemade and handmade items. 4. Between the months of April and October, the Open-Air Market shall only operate on Thursdays with operating hours limited to between 4:00 p.m. to 7:00 p.m. 5. Between the months of November and March, the Open-Air Market shall only operate no more than once a week with the operating hours limited to between 9:00 a.m. to 5:00 p.m. 6. The market shall only operate when church services are not being held. 7. One(1)sign, no greater than 32 square feet, with a maximum height of 12 feet, and set back at least seven (7)feet from the property line, may be installed on the lot no more than two (2) days prior to the day of the market. Said sign shall be removed after the market closes for the day. 8. The applicant shall ensure that all applicable Health Department requirements are met. 9. Amplified live and pre-recorded music shall only be permitted during the time that the market is in operation as conditioned above. 10. As provided for by Section 239.03(b)(2) of the Zoning Ordinance, there shall be no less than one(1) trash receptacle per one thousand(1,000)feet of sales area. 11. As provided for by Section 239.03(b)(5)of the Zoning Ordinance, during its operation, the market shall not disturb the tranquility of the surrounding residential area or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. August 25, 2020 27 ITEM—I.I.3 PLANNING PLANNING COMMISSION ITEM#70692 (Continued) Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 28 ITEM—I.I.3 PLANNING CITY COUNCIL ITEM#70692 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of KENNETH R. PRUITT/KING'S GRANT BAPTIST CHURCH for a Modification of Conditions re open-air market at 873 Little Neck Road DISTRICT 5 — LYNNHAVEN(Approved June 16, 2015) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KENNETH R. PRUITT/KING'S GRANT BAPTIST CHURCH for a Modification of Conditions re open-air market at 873 Little Neck Road (GPINs 1488828793 & 1488828629)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. All conditions of the Conditional Use Permit for an Open-Air Market dated June 16, 2015 are null and void and are replaced with the following. 2. Activities related to the Open-Air Market shall be located within the areas designated on the site layout entitled "King's Grant Baptist Church Community Market,"dated July 1, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. Products sold at the market shall be limited to local agricultural, seafood and related food products, as well as homemade and handmade items. 4. Between the months of April and October, the Open-Air Market shall only operate on Thursdays with operating hours limited to between 4:00 p.m. to 7:00 p.m. 5. Between the months of November and March, the Open-Air Market shall only operate no more than once a week with the operating hours limited to between 9:00 a.m. to 5:00 p.m. 6. The market shall only operate when church services are not being held. 7. One(1)sign, no greater than 32 square feet, with a maximum height of 12 feet, and set back at least seven (7)feet from the property line, may be installed on the lot no more than two (2) days prior to the day of the market. Said sign shall be removed after the market closes for the day. 8. The applicant shall ensure that all applicable Health Department requirements are met. 9. Amplified live and pre-recorded music shall only be permitted during the time that the market is in operation as conditioned above. August 25, 2020 29 ITEM—I.I.3 PLANNING CITY COUNCIL ITEM#70692 (Continued) 10. As provided for by Section 239.03(b)(2) of the Zoning Ordinance, there shall be no less than one(1) trash receptacle per one thousand(1,000)feet of sales area. 11. As provided for by Section 239.03(b)(5)of the Zoning Ordinance, during its operation, the market shall not disturb the tranquility of the surrounding residential area or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand Twenty. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 11� — it •-:- • is 1 �� p .1-i !Pi rj-1 ?i., .frer 20 111\ Vat_ - R 20 , ,'''(j \ CD =R 1-5--- o r. CD ilki - \13 ..1 Tr � � 4 Lake Dri - , --=' ,- 'ow muj 1 i 1 ' R-1'5 O-2* 1 • Aii ,, . 4 \ .1z. o R-1�5 q 1 k J R 15 a IV _. _.I 11. \M 1 0 - R-2-0 \ L 'i as IIIII 1111. 1 R.72,04*, It El] ' 1 41.1 vim% a ' 1...m•NEMIIIIIMNIIIIIIIIIINIIIIIIIIIII MINA ii•IiiiNL 1411-11'.'" I 11 / A Site Kenneth R. Pruitt W_, 1 E Property_Polygons 873 Little Neck Road -M s Zoning i Parking Lot Drive Aisle — Feet r i _ .. .. n )c 'n 1 nn 1 tin ')nn ')cn Inn 30 ITEM—I.I.4 PLANNING PLANNING COMMISSION ITEM#70693 Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of SENIORS UNLIMITED LIFESTYLES,INC./CITY OF VIRGINIA BEACH for a Conditional Use Permit re housing for seniors and disabled at 1012& 1020 Finney Circle and 5837&5841 Burton Station Road DISTRICT 4—BAYSIDE Recommended Conditions: 1. With the exception of any modifications required by any of these conditions or as a result of detailed site plan review, the site shall be developed in substantial conformance with the submitted site layout plan entitled "Tranquility II, Virginia Beach, VA"prepared by Arnold Design Studio, dated June 12, 2020, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The proposed building shall be constructed in substantial accordance with the submitted ))-enderings entitled "Tranquility II Renderings,"prepared by Arnold Design Studio, dated June 16, 2020, which have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. When the sale of the property is final, the applicant shall submit a subdivision plat to dedicate the additional right-of-way for Tolliver Road, if not already conveyed through the property sale, and to vacate all interior property lines. 4. An evergreen, landscape buffer shall be installed and maintained on the western property line. The exact dimensions and planting materials will be determined during the detailed site plan review process. All other landscaping shall be installed and maintained as required by the Site Plan Ordinance. 5. A minimum six(6)foot high dumpster enclosure shall be constructed of brick matching the brick on the building. Additional planting shall be installed on the east and west sides of the proposed dumpster enclosure to provide additional screening from the adjacent property and from the street. Details of the enclosure and plantings shall be depicted on the final site plan. 6. Trash pick-up for the dumpster shall be prohibited between the hours of 9:00 p.m. and 8:00 a.m. 7. At least one (1) member of the family living in each unit shall be disabled or age 62 or older. August 25, 2020 31 ITEM—I.I.4 PLANNING PLANNING COMMISSION ITEM#70693 (Continued) Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 32 ITEM—I.I.4 PLANNING CITY COUNCIL ITEM#70693 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of SENIORS UNLIMITED LIFESTYLES, INC./CITY OF VIRGINIA BEACH for a Conditional Use Permit re housing for seniors and disabled at 1012& 1020 Finney Circle and 5837& 5841 Burton Station DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SENIORS UNLIMITED LIFESTYLES, INC./ CITY OF VIRGINIA BEACH for a Conditional Use Permit re housing for seniors and disabled at 1012 & 1020 Finney Circle and 5837& 5841 Burton Station Road (GPINs 1458882897, 1458893052, 1458892090, 1458882715, & 1458892065)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions or as a result of detailed site plan review, the site shall be developed in substantial conformance with the submitted site layout plan entitled "Tranquility II, Virginia Beach, VA"prepared by Arnold Design Studio, dated June 12, 2020, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The proposed building shall be constructed in substantial accordance with the submitted renderings entitled "Tranquility II Renderings,"prepared by Arnold Design Studio, dated June 16, 2020, which have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. When the sale of the property is final, the applicant shall submit a subdivision plat to dedicate the additional right-of-way for Tolliver Road, if not already conveyed through the property sale, and to vacate all interior property lines. 4. An evergreen, landscape buffer shall be installed and maintained on the western property line. The exact dimensions and planting materials will be determined during the detailed site plan review process. All other landscaping shall be installed and maintained as required by the Site Plan Ordinance. 5. A minimum six(6)foot high dumpster enclosure shall be constructed of brick matching the brick on the building. Additional planting shall be installed on the east and west sides of the proposed dumpster enclosure to provide additional screening from the adjacent property and from the street. Details of the enclosure and plantings shall be depicted on the final site plan. 6. Trash pick-up for the dumpster shall be prohibited between the hours of 9:00 p.m. and 8:00 a.m. August 25, 2020 33 ITEM—I.I.4 PLANNING CITY COUNCIL ITEM#70693 (Continued) 7. At least one (1) member of the family living in each unit shall be disabled or age 62 or older. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day ofAugust Two Thousand Twenty. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 i-i / / / - 7 _, 0 04 o1/2 :- R-SD oa R-5D ........)", - p ,o ,as - , _i.,.,.rY -, /44114%p / R=5 R-5 ____I ,C- 3-- B-2 0 / 0/ N Site Seniors Unlimited Lifestyles, Inc. W AN E Property_Polygons 1012 & 1020 Finney Circle, v�J Zoning 5837 & 5841 Burton Station Road S Parking Lot Drive Aisle Feet Building 0 25 50 100 150 200 250 300 34 ITEM—I.I.5 PLANNING PLANNING COMMISSION ITEM#70694 The following registered to speak: RJNutter,Attorney for Applicant, 222 Central Park Avenue#2000, 287-2111, spoke in SUPPORT Christine Bapkins, 953 Rio Grande Drive, Phone: 675-2000, spoke in SUPPORT Emily Van Halen, 3000 4A Seaboard Road, Phone: 777-2609, spoke in SUPPORT Luke Lesinski, 1043 Angler Lane, Phone: 641-4856, spoke in SUPPORT Beth Hubbard, 1700 Mill Landing Road, Phone: 615-7657, spoke in SUPPORT Mark Summerell, 20301 Kingsmen Lane, Phone: 408-9214, spoke in SUPPORT Carol Webb Darden, 1151 Princess Anne Road, Phone: 567-0613, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Mike Cullipher, P. O. Box 7130, Phone: 721-6446, did not respond Karen Kwasny, 2089 Kittridge Drive, Phone: 672-2996, spoke in OPPOSITION Ryan Horsley, spoke in OPPOSITION Randi Vogel, 2388 London Bridge Road, Phone: 618-6466, spoke in SUPPORT Upon motion by Commissioner Graham, seconded by Commissioner Coston, Planning Commission APPROVED,AS CONDITIONED,Application of WOLFE BROS EVENTS,LLCfor a Conditional Use Permit re assembly use at 1145 Princess Anne Road DISTRICT 7—PRINCESS ANNE Recommended Conditions: 1. Except for ADA parking,alternative surfaces(bluestone sand and gravel)may be permitted for on-site for the minimum required number of parking spaces. ADA parking shall be provided in accordance with the ADA criteria. 2. The applicant/owner shall install and maintain a City standard commercial entrance at Princess Anne Road. Said entrance shall be installed in accordance with the City of Virginia Beach Department of Public Works Engineering Division Specifications and Standards. 3. Outdoor events shall be limited to no more than thirty (30)per the calendar year and the maximum number of attendees shall not exceed 150 per event, except up to five (5) of the 30 events may have up to 250 attendees. 4. All outdoor events shall be concluded by 10:00 p.m. and indoor events shall be concluded by 11:00 p.m. 5. Amplified music, except acoustical music, shall be prohibited after 10:00 p.m.for outdoor events and 11:00 p.m.for indoor events. 6. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of any adjacent residential use properties. August 25, 2020 35 ITEM—LL5 PLANNING PLANNING COMMISSION ITEM#70694 (Continued) 7. This Assembly Use may continue to operate on the site subject to an annual determination by the Planning Director or designee that the presence of the use is not detrimental to public health, safety, and welfare. Furthermore, the Assembly Use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. 8. A Site Plan shall be submitted to the Department of Planning & Community Development/Development Services Center to ensure compliance with applicable regulations for all proposed on-site improvements. Site Plan approval shall be obtained prior to issuance of a building permit, which shall be required for the proposed venue structure and any other improvement, per City regulations. In addition, a Certificate of Occupancy shall be required prior to the occupancy of the proposed venue building. Voting: 5-4 Planning Commission Members Voting Aye: John H. Coston, Walter Graham, Michael Inman, Dee Oliver and David Weiner Planning Commission Members Voting Nay: Steve Barnes, Donald Horsley, David Redmond and Jack Wall Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 36 ITEM—I.I.5 PLANNING CITY COUNCIL ITEM#70694 After City Council discussion, Council Member Henley,seconded by Council Member Moss, made a motion to DENY Application of WOLFE BROS EVENTS,LLC for a Conditional Use Permit re assembly use at 1145 Princess Anne Road DISTRICT 7—PRINCESS ANNE Council Member Tower then made a SUBSTITUTE MOTION, seconded by Vice Mayor Wood, to APPROVE,Application of WOLFE BROS EVENTS,LLC for a Conditional Use Permit re assembly use at 1145 Princess Anne Road DISTRICT 7—PRINCESS ANNE Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Barbara M. Henley and John D. Moss Council Members Absent: None August 25, 2020 37 ITEM—LL5 PLANNING CITY COUNCIL ITEM#70694 (Continued) Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council APPROVED,AS CONDITIONED, Application of WOLFE BROS EVENTS, LLC for a Conditional Use Permit re assembly use at 1145 Princess Anne Road DISTRICT 7—PRINCESS ANNE WOLFE BROS EVENTS,LLC for a Conditional Use Permit re assembly use at 1145 Princess Anne Road (GPIN 2400493564) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. Except forADA parking,alternative surfaces(bluestone sand and gravel)may be permitted for on-site for the minimum required number of parking spaces. ADA parking shall be provided in accordance with the ADA criteria. 2. The applicant/owner shall install and maintain a City standard commercial entrance at Princess Anne Road. Said entrance shall be installed in accordance with the City of Virginia Beach Department of Public Works Engineering Division Specifications and Standards. 3. Outdoor events shall be limited to no more than thirty (30)per the calendar year and the maximum number of attendees shall not exceed 150 per event, except up to five (5) of the 30 events may have up to 250 attendees. 4. All outdoor events shall be concluded by 10:00 p.m. and indoor events shall be concluded by 11:00 p.m. 5. Amplified music, except acoustical music, shall be prohibited after 10:00 p.m.for outdoor events and 11:00 p.m.for indoor events. 6. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of any adjacent residential use properties. 7. This Assembly Use may continue to operate on the site subject to an annual determination by the Planning Director or designee that the presence of the use is not detrimental to public health, safety, and welfare. Furthermore, the Assembly Use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. August 25, 2020 38 ITEM—I.I.5 PLANNING CITY COUNCIL ITEM#70694 (Continued) 8. A Site Plan shall be submitted to the Department of Planning & Community Development/Development Services Center to ensure compliance with applicable regulations for all proposed on-site improvements. Site Plan approval shall be obtained prior to issuance of a building permit, which shall be required for the proposed venue structure and any other improvement, per City regulations. In addition, a Certificate of Occupancy shall be required prior to the occupancy of the proposed venue building. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Barbara M. Henley and John D. Moss Council Members Absent: None August 25, 2020 \. / . 'S_ I w\ / -----7.' ---a ( I _ 7 �� ` c� / oil AG=1r„,: AG-1 �t.° ------_, .� 4 SAG-2 I .r i R_5�p AG-1, - \ P N i, Site Wolfe Bros Events, LLC W 12-_F Property_Polygons 1145 Princess Anne Road .'4v''` s Zoning r Parking Lot Drive Aisle - Feet Building 012550 500 750 1,000 1,250 1,500 39 ITEM—I.I.6 PLANNING PLANNING COMMISSION ITEM#70695 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Commissioner Redmond, seconded by Vice Chair Weiner, Planning Commission APPROVED,AS CONDITIONED,Application of JACOB SHORT for a Conditional Use Permit re short term rental at 4905 Mandan Road DISTRICT 4—BAYSIDE 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. 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 two 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. August 25, 2020 40 ITEM—I.I.6 PLANNING PLANNING COMMISSION ITEM#70695 (Continued) 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)one(1)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)two (2) 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. August 25, 2020 41 ITEM—I.I.6 PLANNING PLANNING COMMISSION ITEM#70695 (Continued) Voting: 8-0 Planning Commission Members Voting Aye: John H. Coston, Walter Graham, Donald Horsley,Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz, Steve Barnes and Robyn Klein August 25, 2020 42 ITEM—I.I.6 PLANNING CITY COUNCIL ITEM#70695 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DENIED Application of JACOB SHORT for a Conditional Use Permit re short term rental at 4905 Mandan Road COUNCIL DISTRICT 4—BAYSIDE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 43 ITEM—I.I.7 PLANNING PLANNING COMMISSION ITEM#70696 The following registered to speak: Ray Noftsinger,Applicant, Phone: 343-6911, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Commissioner Inman, seconded by Commissioner Graham, Planning Commission APPROVED, AS CONDITIONED, AS AMENDED, Application of 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 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 owner's 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 two (2)) 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. August 25, 2020 44 ITEM—I.I.7 PLANNING PLANNING COMMISSION ITEM#70696 (Continued) 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 $1-Million. 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)one(1)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 $1-Million 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)two (2) 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. August 25, 2020 45 ITEM—I.I.7 PLANNING PLANNING COMMISSION ITEM#70696 (Continued) 18. The property shall be limited to having two bedrooms available for Short Term Rental use. The applicant shall submit a floor plan to the zoning office noting the converted bedroom as "shall not be used as a bedroom when property is being used as a Short Term Rental." Any advertisementfor the Short Term Rental shall indicate a limitation of two(2)bedrooms and two(2)parking spaces, as shown on the modified site plan. Voting: 6-2 Planning Commission Members Voting Aye: John H. Coston, Walter Graham, Donald Horsley, Michael Inman, David Redmond, and David Weiner Planning Commission Members Voting Nay: Dee Oliver Jack Wall Planning Commission Members Absent: George Alcaraz, Steve Barnes and Robyn Klein August 25, 2020 46 ITEM—I.I.7 PLANNING CITY COUNCIL ITEM#70696 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, AS AMENDED, Application of 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 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA YOUR NOT ALONE, LLC / DONALD & DEBRA WALKER REVOCABLE TRUST for a Conditional Use Permit re short term rental at 207 79th Street, Unit C (GPIN 24195873653207) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 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 owner's 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 notes 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 two (2)) 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. August 25, 2020 47 ITEM—I.I.7 PLANNING CITY COUNCIL ITEM#70696 (Continued) 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 $1-Million. 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 twe-(24 one(1)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 $1-Million 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) two (2) 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. August 25, 2020 48 ITEM—I.I.7 PLANNING CITY COUNCIL ITEM#70696 (Continued) 18. The property shall be limited to having two bedrooms available for Short Term Rental use. The applicant shall submit a floor plan to the zoning office noting the converted bedroom as "shall not be used as a bedroom when property is being used as a Short Term Rental."Any advertisement for the Short Term Rental shall indicate a limitation of two (2) bedrooms and two (2)parking spaces, as shown on the modified site plan. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand Twenty. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 25, 2020 . I.._ .• ._._______----------\---- \ ____ _ _____ _ _ , , , _ \\ 1_, __. _______ _ \ \------ .... .... ie• \ I. ,\ s \ op \\\\\\\ , \\ ‘ ' \ r / , ' ' _ --------- _ '\, \ \ --\ \ 1,\ ' --- —\ 1, O _ T________,------ t`, 1 , t, ---3 \ \ \ _ ____- - \ 1\ \\ i n \i�' \, R-5R(NE-) Site " gik Property_Polygons Your Not Alone, LLC ' t Zoning 207 79th Street, Unit C f Parking Lot Drive Aisle Feet Building 0 510 20 30 40 50 60 49 ITEM—I.I.8 PLANNING PLANNING COMMISSION ITEM#70697 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Steve Patterson, 2911 Eriksen Court, Phone: 406-0077, did not respond Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Commissioner Graham, seconded by Vice Chair Weiner, Planning Commission APPROVED,AS CONDITIONED,Application of LISA C.EURE Conditional Use Permit re short term rental at 2312 Red Tide Road, Unit A DISTRICT 5—LYNNHAVEN 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 one (1) and two (2), as shown on the Site Layout& Parking Plan,shall remain a minimum of nine(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 notes 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 thrcc (3) two (2)) 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. August 25, 2020 50 ITEM—I.I.8 PLANNING PLANNING COMMISSION ITEM#70697 (Continued) 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 $1-Million. 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 twe-(2)one(1)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 $1-Million 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)two (2) 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. August 25, 2020 51 ITEM—I.I.8 PLANNING PLANNING COMMISSION ITEM#70697 (Continued) Voting: 8-0 Planning Commission Members Voting Aye: John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz, Steve Barnes and Robyn Klein August 25, 2020 4. 52 ITEM—I.L8 PLANNING CITY COUNCIL ITEM#70697 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,Application of LISA C.EURE Conditional Use Permit re short term rental at 2312 Red Tide Road, Unit A DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LISA C.EURE Conditional Use Permit re short term rental at 2312 Red Tide Road, Unit A (GPIN 15902024690001)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 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 one (1) and two (2), as shown on the Site Layout& Parking Plan,shall remain a minimum of nine(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 notes 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 (3) two (2)) 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. August 25, 2020 53 ITEM—I.I.8 PLANNING CITY COUNCIL ITEM#70697 (Continued) 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 $1-Million. 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 t we-(-2}one(1)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 $1-Million 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 thrcc(3)two (2) 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. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand Twenty. August 25, 2020 54 ITEM—I.I.8 PLANNING CITY COUNCIL ITEM#70697 (Continued) , Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 25, 2020 t! r� Cou \-- ,.,,, '� , p .g riaE JJ • \\ \\, \i \ \ \ - t \ ' .,\ \ 73 ' \ #:":11:"A' r.1 __.\ 0 ,\ „,-.0,-- ---r- 0. ,� `,, 1 l � , gents W ay < / B-4 B 4 J 1 \ —1 73 / I \B-4 \ to , 0., / /7 \\V___ _____ - ,-,,,_„,„„ \--\-_,-,----- 1 .. _.---__-- \ - ____ ..---\ \\L., ��, . `�v-^''ter"". _\ i \ ..--„'"".-�^'y I \ ,,..k,, ,. \ .""' tY ' �14 l -----\----------._ \ ' - - L-:JL —.oft ��, Site Lisa C. Eure W �� Property_Polygons '�' 2312 Red Tide Road, Unit A Zoning s Parking Lot Drive Aisle Feet Building 0 510 20 30 40 50 60 55 ITEM—I.I.9 PLANNING PLANNING COMMISSION ITEM#70698 Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of ATLANTIC DEVELOPMENT ASSOCIATES,LLC for a Conditional Use Permit re short term rental at 112A 56th Street DISTRICT 5— LYNNHAVEN 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 nine (9)feet by 36-feet, contain a minimum eight(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 thrcc (3) two (2)) 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 August 25, 2020 56 ITEM—I.I.9 PLANNING PLANNING COMMISSION ITEM#70698 (Continued) c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 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 twe-(2)one(1)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 $1-Million 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)two (2) 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. Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 57 ITEM—li 9 PLANNING CITY COUNCIL ITEM#70698 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of ATLANTIC DEVELOPMENT ASSOCIATES, LLC for a Conditional Use Permit re short term rental at 112A 56th Street DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ATLANTIC DEVELOPMENT ASSOCIATES, LLC for a Conditional Use Permit re short term rental at 112A 56th Street(GPIN 2419803545) DISTRICT 5—LYNNHAVEN The following conditions shall be required: 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 nine (9)feet by 36-feet, contain a minimum eight(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 thrcc (3) two (2)) 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. August 25, 2020 58 ITEM—I.I.9 PLANNING CITY COUNCIL ITEM#70698 (Continued) 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 $1-Million. 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 twe-(2)one(1)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 $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00p.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)two (2) 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. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand Twenty. August 25, 2020 59 ITEM—I.I.9 PLANNING CITY COUNCIL ITEM#70698 (Continued) Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None, August 25, 2020 - - \--- _ \ __-------- , - ,------ \,-- ---- ,__- _ H1 ..----- - ------7---: \ \ eet , 0 _ ----- 60 ---c-;- o \ to . co -,....-------"A _ fr o -------- , R-5R(NE) e• 0 \i Wt5R(NE) ,- • \,\._ Oj / \- I // II' \\ . - ‘, ST. / 0 ..-----,-:-- --- \\"---, . (i) \I , _ --- CD 0 tee •11 CD C--3' • a \ 3 \ Z. cs I \ \------ \---' , \ , N __ _ rP operty_Polygons r A Site , Abi , Atlantic Development Associates, LLC , - Zoning 112A 56th Street Parking Lot Drive Aisle NM IMIIIIMI III III Feet ! I Building 0 10 20 40 60 80 100 120 60 ITEM—I.I.10 PLANNING PLANNING COMMISSION ITEM#70699 Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of CEBT PROPERTIES, LLC for a Conditional Use Permit re short term rental at 201 64th Street DISTRICT 5—LYNNHAVEN Recommended Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 201 641"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 notes 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 t#nee two (2)) 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 $1-Million. 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. August 25, 2020 61 ITEM—I.I.I0 PLANNING PLANNING COMMISSION ITEM#70699 (Continued) 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 twe-(2)one(1)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 $1-Million 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)two (2) 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. Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 62 ITEM—I.I.10 PLANNING CITY COUNCIL ITEM#70699 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of CEBT PROPERTIES, LLC for a Conditional Use Permit re short term rental at 201 64th Street DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CEBT PROPERTIES, LLC for a Conditional Use Permit re short term rental at 201 64th Street (GPIN 24197321940201) DISTRICT — 5 LYNNHAVEN The following conditions shall be required: 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 wee two (2)) 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 August 25, 2020 63 ITEM—I.I.10 PLANNING PLANNING COMMISSION ITEM#70699 (Continued) c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 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)one(1)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 $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00p.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)two (2) 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. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25th day of August Two Thousand Twenty. August 25, 2020 64 ITEM—I.I.10 PLANNING CITY COUNCIL ITEM#70699 (Continued) Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 25, 2020 __. \A \\\..‘-1 0 t___,__ ' . - \ r----- \ , \,..----- c . \ „. l R ,51R. NE Yr\ '� n ii ^St ,L. V,---- \ 1 • R-5R(N E),, r .,/ r \_______________--\ '\,, �, • R=5R(N E) \ 1 if-/ et --, ,e 4th stye r , , \., , L , 7r*. ice'" th street 0 CDC ,�_, 7 R-5R(N E) .- 1 R 5 R N E ,.,: r A Site CEBT Properties, LLC �� _L Property_Polygons p ' �� Q 201 64th Street Zoning Parking Lot Drive Aisle so isi imismi mom.Fee Building 012.525 50 75 100 125 150 65 ITEM—LI.11 a/b PLANNING PLANNING COMMISSION ITEM#70700 The following registered to speak: Chris Wood,Applicant, spoke in SUPPORT Joseph Avallone, did not respond Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Commissioner Graham, seconded by Vice Chair Weiner, Planning Commission APPROVED,AS CONDITIONED,Application of LA PAZ,LLC for a Conditional Use Permit re short term rental at 2565 Shore Drive, Units A &B DISTRICT 5—LYNNHAVEN 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. 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 sixty (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 two 0) 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. August 25, 2020 66 ITEM—I.L 11 a/b PLANNING PLANNING COMMISSION ITEM#70700 (Continued) 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 $1-Million. 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 twe-(2)one(1)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 $1-Million 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)two (2) 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. August 25, 2020 67 ITEM—I.L11 a/b PLANNING PLANNING COMMISSION ITEM#70700 (Continued) Voting: 8-0 Planning Commission Members Voting Aye: John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz, Steve Barnes and Robyn Klein August 25, 2020 68 ITEM—I.I.11 a/b PLANNING CITY COUNCIL ITEM#70700 Upon motion by Council Member Berlucchi, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,Application of LA PAZ, LLC for a Conditional Use Permit re short term rental at 2565 Shore Drive, Units A &B DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LA PAZ,LLC for a Conditional Use Permit re short term rental at 2565 Shore Drive, Units A & B (GPIN 1590710928) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: a. Unit A b. Unit B DISTRICT 5—LYNNHAVEN, subject to: 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 sixty (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 two (2)) 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). August 25, 2020 69 ITEM—LI.Il a/b PLANNING CITY COUNCIL ITEM#70700 (Continued) 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 $1-Million. 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)one(1)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 $1-Million 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. August 25, 2020 70 ITEM—I.I.11 a/b PLANNING CITY COUNCIL ITEM#70700 (Continued) 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)two (2) 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. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day ofAugust Two Thousand Twenty. Voting: 9-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Abstaining: Vice Mayor Wood Council Members Absent: None August 25, 2020 w� 46 z 7�1 vp N 03 Ie•-• 0 0 I N 1 O am CD c3 ►� I O M 1 O eek' #• #0 1 m cii To •-iih % W \ e % ■� V c \ 04 `� J \\ \ f w 1 N ■— a. 1 4 , O. Ci \ . cc - RS W / /-- NI 0, . 4 s r \\•\ \ 1 • in co i-� teet0 % oto \ \--' LL. 7,,,,,---"' 7-\ \, \ .4110 S '''' 2\ \ \,- „,,,,z- 0 ik .\ To ■ m Q tee d \ 0 > , * aye6. \ ~O, �' a, o ,^�.. S-I^'` O I11 l1\ ." \ ! t z City of Virginia Beach r, as •. 4 r vyfs ens; Op OUR NA'riUNs VBgovcom JAMES L.WOOD MUNICIPAL CENTER VICE MAYOR BUILDING 1,ROOM 281 DISTRICT 5-LYNNHAVEN 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)785-4342 FAX(757)340-2082 JLWOODOVBGOV.COM Refer to File No.0067798 August 25, 2020 Mrs. Amanda Barnes, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of La Paz, LLC. 2. My brother Chris Wood has an ownership interest in the project. 3. I have chosen to abstain from voting on this application. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincer ly, 11 s L. Wood ce Mayor JLW/RRI 71 ITEM—I.I.12 PLANNING PLANNING COMMISSION ITEM#70701 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Nancy Parker, 873 23`d Street, Phone: 657-4848, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Commissioner Inman, seconded by Vice Chair Weiner, Planning Commission APPROVED, AS CONDITIONED, Application of OCEAN RENTAL PROPERTIES, LLC., for a Conditional Use Permit re short term rental 2216 Baltic Avenue, Unit B DISTRICT 6—BEACH 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 notes 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 two 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. August 25, 2020 72 ITEM—I.I.12 PLANNING PLANNING COMMISSION ITEM#70701 (Continued) 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 $1-Million. 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)one(1)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 $1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00p.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 threc(3)two (2) 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. August 25, 2020 73 ITEM—I.I.12 PLANNING PLANNING COMMISSION ITEM#70701 (Continued) Voting: 6-1 Planning Commission Members Voting Aye: John H. Coston,Donald Horsley,Michael Inman,David Redmond,Jack Wall and David Weiner Planning Commission Members Voting Nay: Dee Oliver Planning Commission Members Absent: George Alcaraz, Steve Barnes, Walter Graham (stepped out during vote) and Robyn Klein August 25, 2020 74 ITEM—I.I.12 PLANNING CITY COUNCIL ITEM#70701 Upon motion by Council Member Tower, seconded by Council Member Moss, City Council DENIED Application of OCEAN RENTAL PROPERTIES,LLC.,for a Conditional Use Permit re short term rental 2216 Baltic Avenue, Unit B DISTRICT 6—BEACH Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Rosemary Wilson Council Members Absent: None August 25, 2020 75 ITEM—I.I.13 PLANNING PLANNING COMMISSION ITEM#70702 The following registered to speak: William Wright Jr., Applicant, 909 Pacific Avenue, Unit A, Phone: 589-2710, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission APPROVED, AS CONDITIONED, Application of WILLIAM J. WRIGHT, JR. for a Conditional Use Permit re short term rental at 909 Pacific Avenue, Unit A DISTRICT 6—BEACH 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 eighteen (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(1)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 two (2)) 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. August 25, 2020 76 ITEM—I.I.13 PLANNING PLANNING COMMISSION ITEM 70702 (Continued) 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 $1-Million. 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)one(1)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 $1-Million 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 thrcc(3)two (2) 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. August 25, 2020 77 ITEM—I.I.13 PLANNING PLANNING COMMISSION ITEM 70702 (Continued) Voting: 8-0 Planning Commission Members Voting Aye: John H. Coston, Walter Graham, Donald Horsley,Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz, Steve Barnes and Robyn Klein August 25, 2020 78 ITEM—I.I.13 PLANNING CITY COUNCIL ITEM#70702 Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council APPROVED,AS CONDITIONED,Application of WILLIAMJ. WRIGHT,JR. for a Conditional Use Permit re short term rental at 909 Pacific Avenue, Unit A DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WILLIAM J. WRIGHT,JR. for a Conditional Use Permit re short term rental at 909 Pacific Avenue, Unit A (GPIN 24272444111005)DISTRICT —6BEACH The following conditions shall be required: 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 eighteen (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(1)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 notes 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 two 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. August 25, 2020 79 ITEM—I.I.13 PLANNING CITY COUNCIL ITEM 70702 (Continued) 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 $1-Million. 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 twe-(24 one(1)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 $1-Million 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 thrcc (3)two (2) 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. August 25, 2020 80 ITEM—I.I.13 PLANNING CITY COUNCIL ITEM 70702 (Continued) This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand Twenty. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 25, 2020 L-7 L ,.....!"---- atreet r-iolim ..-- \) 1 ----\\ \ . \ x.- I ,----- \HS \\ \ , A 1:1 \ \ 0 r R-5S OR 0 (.2.• ......• 10 Tej 9:70 RA \ ....../ OR — ------- OV A 4, — — - - s Norfolk Avenue .... _tfeet 90 7, RT-3 %), 0 --11.- , -.• 7 ..4. 4. \ ...,r 4 OR \ ..../ tv ct. CD Suite N Site r Property_Polygons William J. Wright, Jr. Zoning 909 Pacific Avenue, Unit A s = F---- Parking Lot Drive Aisle Feet Building 0 20 40 80 120 160 200 240 81 ITEM—I.I.14 PLANNING PLANNING COMMISSION ITEM#70703 The following registered to speak: Oliver Carlin,Applicant, 947 Fern Ridge Road, Phone: 563-4706, spoke in SUPPORT Moe Carlin,Applicant, 947 Fern Ridge Road, Phone: 755-4431, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED, AS CONDITIONED, Application of CARLIN CREATIVE CONCEPTS, LLC for a Conditional Use Permit re short term rental at 901 Pacific Avenue Unit B DISTRICT 6—BEACH 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(1)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 notes 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 two (2)) 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. August 25, 2020 82 ITEM—I.I.14 PLANNING PLANNING COMMISSION ITEM#70703 (Continued) 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 $1-Million. 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)one(1)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 $1-Million 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)two (2) 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. August 25, 2020 83 ITEM—I.I.14 PLANNING PLANNING COMMISSION ITEM#70703 (Continued) Voting.• 8-0 Planning Commission Members Voting Aye: John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond,Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz, Steve Barnes and Robyn Klein August 25, 2020 84 ITEM—I.I.14 PLANNING CITY COUNCIL ITEM#70703 Upon motion by Council Member Tower,seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, Application of CARLIN CREATIVE CONCEPTS, LLC for a Conditional Use Permit re short term rental at 901 Pacific Avenue Unit B DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CARLIN CREATIVE CONCEPTS, LLC for a Conditional Use Permit re short term rental at 901 Pacific Avenue Unit B (GPIN 24272444110945)DISTRICT 6—BEACH The following conditions shall be required: 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(1)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 two .(22) 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. August 25, 2020 85 ITEM—I.I.14 PLANNING CITY COUNCIL ITEM#70703 (Continued) 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 $1-Million. 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)one(1)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 $1-Million 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)two (2) 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. August 25, 2020 86 ITEM—I.I.14 PLANNING CITY COUNCIL ITEM#70703 (Continued) This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`"day of August Two Thousand Twenty. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 25, 2020 Kr5S R : OR �-- t -� StCee , job ,.-_,,, ',' \ \ \ -- \ \ '. 5 \ OR12,,, U \ \ t , \ R-5S \ \ A-18 Q,„,,, , OR woe ' 1.\ \ \ OR `° OR ,, �_�_ �� Meet Norfolk 9th S _ Avenue 1 RT-3 ,� C' d _� S. OR W-5S c -----....) tt) \ ._._____.------ OR: ,.v.\ , Suite N Site -L Property_Polygons Carlin Creative Concepts, LLC nZoning 901 Pacific Avenue, Unit B s Parking Lot Drive Aisle Feet [---1 Building 0 25 50 100 150 200 250 300 87 ITEM—I.I.15 PLANNING PLANNING COMMISSION ITEM#70704 The following registered to speak: Nathan Bolling, Applicant, 423 21S` '/2 Street, Phone: 572-6292, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Chair Weiner, seconded by Commissioner Horsley, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of NATHAN BOLLING for a Conditional Use Permit re short term rental at 423 21st ''/z Street DISTRICT 6—BEACH Recommended Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 423 21's Vz 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 nine(9)feet by 18-feet,contain a minimum eight(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 (2) 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 two (2)) 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. August 25, 2020 88 ITEM—I.I.15 PLANNING PLANNING COMMISSION ITEM#70704 (Continued) 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 $1-Million. 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 twe-(2)one(1)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 $1-Million 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)two (2) 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. August 25, 2020 89 ITEM—I.I.15 PLANNING PLANNING COMMISSION ITEM#70704 (Continued) Voting: 8-0 Planning Commission Members Voting Aye: John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz, Steve Barnes and Robyn Klein August 25, 2020 90 ITEM—I.I.15 PLANNING CITY COUNCIL ITEM#70704 Upon motion by Council Member Tower,seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, Application of NATHAN BOLLING for a Conditional Use Permit re short term rental at 423 21 st''/2 Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NATHAN BOLLING for a Conditional Use Permit re short term rental at 423 21st'/2 Street(GPIN 24270823850001)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 423 21" '/a 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 nine(9)feet by 18-feet,contain a minimum eight(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 (2) 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 two OD 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. August 25, 2020 91 ITEM—I.I.15 PLANNING CITY COUNCIL ITEM#70704 (Continued) 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 $1-Million. 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 i e-(2)one(1)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 $1-Million 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)two (2) 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. August 25, 2020 92 ITEM—I.I.15 PLANNING CITY COUNCIL ITEM#70704 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand Twenty. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 25, 2020 O R ,{sheet \ - co v 2Ast Ha 7 C9 ' rj--1-- ____- _ ORZ. o list i. ►1{ street •a i �,� OR J OR \OR `' ', � —t 1 2�st street _ is3 1st street OR 2 \;�. 1 1 Site ‘‘ t Property_Polygons Nathan Bolling EN Zoning 423 21st 1/2 Street Parking Lot Drive Aisle Feet 1 Building 012.525 50 75 100 125 150 93 ITEM—I.I.16 PLANNING PLANNING COMMISSION ITEM#70705 Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED,AS CONDITIONED,BY CONSENT,Application of DAWN WYATTfor a Conditional Use Permit re short term rental at 609 Bayway Road DISTRICT 6—BEACH 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. 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 two (2)) 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 $1-Million. 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. August 25, 2020 94 ITEM—I.I.16 PLANNING PLANNING COMMISSION ITEM#70705 (Continue) 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) one (1) 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 $1-Million 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 thrcc(3)two (2) 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. Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 95 ITEM—I.I..16 PLANNING CITY COUNCIL ITEM#70705 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of DAWN WYATT for a Conditional Use Permit re short term rental at 609 Bayway Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DAWN WYATT for a Conditional Use Permit re short term rental at 609 Bayway Road(GPIN 2417286565)DISTRICT 6—BEACH The following conditions shall be required: 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 tht'ee two a)) 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 August 25, 2020 96 ITEM—I.I.16 PLANNING CITY COUNCIL ITEM#70705 (Continue) c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 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) one (1) 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 $1-Million 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)two (2) 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. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`''day of August Two Thousand Twenty. August 25, 2020 97 ITEM—I.I.16 PLANNING CITY COUNCIL ITEM#70705 (Continue) Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 25, 2020 W W N N Q ".AV I o 3 0 N 0 co IO O 1 co IO O / 0 Q r peoli :r_•71�r►rY' .�� ? cat It q , Q r s N <it ,_--- I 1 / .---j-\ \ o ?O� t rn rn O O d I\ [in 98 ITEM—I.I.17 PLANNING PLANNING COMMISSION ITEM#70706 Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED,AS CONDITIONED,BY CONSENT,Application of NEWJERUSALEMCHURCHfor a Conditional Use Permit re short term rental at 101 Bishop Thoroughgood Avenue DISTRICT 6—BEACH 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 nine(9)feet by 18-feet,contain a minimum eight(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 notes 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 (3)) 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 August 25, 2020 99 ITEM—I.I.17 PLANNING PLANNING COMMISSION ITEM#70706 (Continued) c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 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)one(1)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 $1-Million 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. Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 100 ITEM—I.I.17 PLANNING CITY COUNCIL ITEM#70706 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of NEW JERUSALEM CHURCH for a Conditional Use Permit re short term rental at 101 Bishop Thoroughgood Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NEW JERUSALEM CHURCH for a Conditional Use Permit re short term rental at 101 Bishop Thoroughgood Avenue (GPIN 2417537514) DISTRICT 6—BEACH The following conditions shall be required: 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 nine(9)feet by 18-feet,contain a minimum eight(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 not 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 (3)) 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. August 25, 2020 101 ITEM—I.I.17 PLANNING CITY COUNCIL ITEM#70706 (Continued) 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 $1-Million. 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)one(1)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 $1-Million 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. This Ordinance shall be effective in accordance with Section 107f of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25th day of August Two Thousand Twenty. August 25, 2020 102 ITEM—I.I.17 PLANNING CITY COUNCIL ITEM#70706 (Continued) Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 25, 2020 ;-,,-. \ ick/7 .`"--------f co/ • a 4:2t \ , / /11'2,x---i-,,17--- ')..........." / iii, 7 / r; <:::, \\*- \\64h7";',, -\\ 1(/ ' \ in 0 '-\, i; 7 r. ):Nji":. \ \\\\O 0 / ,r N. IN.. " lb, '''‘ CO it" \\- \ \IP s°c f r P(1/4,/ yh - \. �'�" te 7\-\ 0* II) ` fj \\,0 (.://.> \ \<.::: . 1, i r��' ! I; zy:// 103 ITEM—I.L 18 PLANNING PLANNING COMMISSION ITEM#70707 Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED,AS CONDITIONED,BY CONSENT,Application ofAUSTINBOYLES&STAR BOYLES for a Conditional Use Permit re short term rental at 1804 Baltic Avenue, Unit E DISTRICT 6—BEACH 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 nine(9)feet by 18 feet,contain a minimum eight(8)foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. Unless afield 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 July 25, 2019 created by John E. Siren and Associates, dated March 21, 2016(with an as-built date of May 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 afield 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 January 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 (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. August 25, 2020 104 ITEM—I.I.18 PLANNING PLANNING COMMISSION ITEM#70707 (Continued) 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(3)two(2))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 $1-Million. 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. August 25, 2020 105 ITEM—I.I.18 PLANNING PLANNING COMMISSION ITEM#70707 (Continued) 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)one(1)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 $1-Million 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 thrcc (3)two (2) 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. Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 106 ITEM—I.I.18 PLANNING CITY COUNCIL ITEM#70707 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application ofAUSTIN BOYLES&STAR BOYLES for a Conditional Use Permit re short term rental at 1804 Baltic Avenue, Unit E DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA AUSTIN BOYLES & STAR BOYLES for a Conditional Use Permit re short term rental at 1804 Baltic Avenue, Unit E (GPIN 2427072276) DISTRICT 6—BEACH The following conditions shall be required: 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 nine(9)feet by 18 feet,contain a minimum eight(8)foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. Unless afield 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 July 25, 2019 created by John E. Siren and Associates, dated March 21, 2016(with an as-built date of May 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 afield 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 January 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 (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. August 25, 2020 107 ITEM—I.I.18 PLANNING CITY COUNCIL ITEM#70707 (Continued) 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(3)two(2))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 $1-Million. 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. August 25, 2020 108 ITEM—I.I.18 PLANNING CITY COUNCIL ITEM#70707 (Continued) 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)one(1)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 $1-Million 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 thrcc (3)two (2) 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. This Ordinance shall be effective in accordance with Section 107f of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand Twenty. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 25, 2020 II OR - \---\ 1 03 OR , \ 0 ST .- OR 0 OR co _ -- _--,_-\_i \DR ii rA Site a,•A 1E L Property_Polygons Austin Boyles & Star Boyles �.► 7- 1804 Baltic Avenue, Unit E S Zoning Parking Lot Drive Aisle liWcziFeet I 10,,:w,.,,. 0 510 20 30 40 50 60 109 ITEM—I.I.19a PLANNING PLANNING COMMISSION ITEM#70708 Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of MCLESKEY & ASSOCIATES / FWM RESIDENTIAL RENTAL PROPERTIES,LLCfor a Conditional Use Permit re short term rental at 409 Southside Road DISTRICT 6—BEACH 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 two (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 thirty (30) days of any favorable City Council vote relating to this request. If it is found that two (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 ninety (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 notes 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 two (2)) 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. August 25, 2020 110 ITEM—I.I.19a PLANNING PLANNING COMMISSION ITEM#70708 (Continued) 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$1-Million. 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)one(1) 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$1-Million 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)two (2) 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. August 25, 2020 111 ITEM—I.L19a PLANNING PLANNING COMMISSION ITEM#70708 (Continued) Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 112 ITEM—I.I.19a PLANNING CITY COUNCIL ITEM#70708 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of MCLESKEY&ASSOCLATES/FWM RESIDENTIAL RENTAL PROPERTIES, LLCfor a Conditional Use Permit re short term rental at 409 Southside Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MCLESKEY & ASSOCIATES / FWM RESIDENTIAL RENTAL PROPERTIES, LLC for a Conditional Use Permit re short term rental at 409 Southside Road(GPIN 2427216337)DISTRICT 6—BEACH The following conditions shall be required: 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 two (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 thirty (30) days of any favorable City Council vote relating to this request. If it is found that two (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 ninety (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 two (2)) 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. August 25, 2020 113 ITEM—I.I.19a PLANNING CITY COUNCIL ITEM#70708 (Continued) 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$1-Million. 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)one (1) 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$1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10::00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three(3)two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. August 25, 2020 114 ITEM—I.I.19a PLANNING CITY COUNCIL ITEM#70708 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand Twenty. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten , Council Members Voting Nay: Barbara M. Henley Council Members Absent: None *Council Member Wilson filed a disclosure August 25, 2020 RT,3' - �� -- ; RT 3 �e� ee a �, � � / 0\6 / :0 / ) / RT-3 -° / 0.- i RTz 3 o / /// / R,T-3 RT-3 A�; �e y 6 \ \ ) \ A' av36 5� 4%111111141/4 4 \ ______ p. e / 1 NIP Ic -7.5 as , /4-- " i ''' FlA A Site McLeskey & Associates W ,\-c►J'. Property_Polygons Q 409 Southside Road S Zoning Parking Lot Drive Aisle Cii== ===Mm=Feet 0 1530 60 90 120 150 180 „�GtN1A'$E,ic� ��. N: � City of Virginia Beach U ` 9 OF OUR NO3%O ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX: (757)385-5669 File No.0067801 August 25, 2020 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the applications of McLeskey&Associates for conditional use permits for properties located at(1)409 Southside Road;(2)441 Southside Road;and(3) 1405 Cypress Avenue Units A and B. 2. The applicant has disclosed that Dixon Hughes Goodman LLP ("DHG”)is one of its service providers. 3. I have a personal interest in DHG because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time.DGH's address is 272 Bendix Road, Suite 500,Virginia Beach,Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in the Council's discussion and vote on this ordinance,upon disclosure of this interest. 921 ATLANTIC AVENUE,UNIT 602,VIRGINIA BEACH,VA 23451 I2I1I/[1AVII xaquzauticounop uosTTM •d£Buiaso)i 1°11 -#V.//e9'-F°-)14111,11 `Aia taouus •iaueuz si ut aoueistsse mot{ioj noX Truti I, •iiounop AID alp Jo sptooat iutogwo atp ill uorluxepap spp piooaa nod ieq Isanbaa Rim adsai i isaiann otignd oq ui pue`Xiantpafgo`Ai.uj uogoesuu.3 NI ut owdiopied of aiqu UM I let; =pap pue anoge smoei atp asoiostp Agazaq I •$ (I c t i£-Z•Z§ apoQ ennSiin o31uensmd a msopsiQ :221 OZOZ `SZ Ind -Z- sauaeg epuutuy •sayi 115 ITEM—I.I.19b PLANNING PLANNING COMMISSION ITEM#70709 Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of MCLESKEY & ASSOCIATES / FWM RESIDENTIAL RENTAL PROPERTIES,LLCfor a Conditional Use Permit re short term rental at 441 Southside Road DISTRICT 6—BEACH 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. 3. A copy of the deed of origin or the subdivision plat of origin showing the legal division of two (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 thirty (30) days of any favorable City Council vote relating to this request. If it is found that two (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 ninety (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 two (2)) 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. August 25, 2020 116 ITEM—I.I.19b PLANNING PLANNING COMMISSION ITEM#70708 (Continued) 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$1-Million. 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 Ores 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 iwe-(2)one (1) 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$1-Million 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)two (2) 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. August 25, 2020 117 ITEM—I.L 19b PLANNING PLANNING COMMISSION ITEM#70708 (Continued) Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 118 ITEM—I.I.19b PLANNING CITY COUNCIL ITEM#70709 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application ofMCLESKEY&ASSOCIATES/FWM RESIDENTIAL RENTAL PROPERTIES,LLCfor a Conditional Use Permit re short term rental at 441 Southside Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MCLESKEY & ASSOCIATES / FWM RESIDENTIAL RENTAL PROPERTIES, LLC for a Conditional Use Permit re short term rental at 441 Southside Road(GPIN 2427214001)DISTRICT 6—BEACH The following conditions shall be required: 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. A copy of the deed of origin or the subdivision plat of origin showing the legal division of two (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 thirty (30) days of any favorable City Council vote relating to this request. If it is found that two (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 ninety (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 tree two (2)) 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). August 25, 2020 119 ITEM—I.I.19b PLANNING CITY COUNCIL ITEM#70708 (Continued) 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$1-Million. 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 fres 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)one(1) 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$1-Million 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. August 25, 2020 120 ITEM—I.I.19b PLANNING CITY COUNCIL ITEM#70708 (Continued) 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)two (2) 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. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25rh day of August Two Thousand Twenty. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None *Council Member Wilson filed a disclosure August 25, 2020 / , / // R-7.5 ezr< v�Q sz eA a ` • / 42, y R0a ,RT_3\, ` S i < a .ate Acs • i rp //' 1 ilrl , R=7:5 ce // / *c",) ,..,,N,,,,,,,,, / /.0 U 0 R- 7.5 4 / , ° / ---' illr w*i/ �, Site McLeskey & Associates " Property_Polygons 441 Southside Road s Zoning Parking Lot Drive Aislemil _Feet i I n.. :__ n in 7n an Rn Rn inn 19n 121 ITEM—LI.20a/b PLANNING PLANNING COMMISSION ITEM#70710 Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of MCLESKEY & ASSOCIATES / RUDEE HEIGHTS PROPERTIES, LLC for a Conditional Use Permit re short term rental at 1405 Cypress Avenue, Units A &B DISTRICT 6—BEACH 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 nine (9)feet by 18-feet, contain a minimum eight(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 (2) 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 two (2)) 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. August 25, 2020 122 ITEM—I.I.20a/b PLANNING PLANNING COMMISSION ITEM#70710 (Continued) 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 $1-Million. 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)one(1)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 $1-Million 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)two (2) 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. August 25, 2020 123 ITEM—I.L20a/b PLANNING PLANNING COMMISSION ITEM#70710 Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 124 ITEM—I.I.20a/b PLANNING CITY COUNCIL ITEM#70710 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, Application of MCLESKEY& ASSOCIATES/RUDEE HEIGHTS PROPERTIES, LLCfor a Conditional Use Permit re short term rental at 1405 Cypress Avenue, Units A &B DISTRICT 6 —BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MCLESKEY & ASSOCIATES /RUDEE HEIGHTS PROPERTIES, LLC for a Conditional Use Permit re short term rental at 1405 Cypress Avenue, Units A &B (GPIN 2417956691)DISTRICT 6—BEACH The following conditions shall be required: 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 nine (9)feet by 18-feet, contain a minimum eight(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 (2) 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 two (2)) 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). August 25, 2020 125 ITEM—I.L20a/b PLANNING CITY COUNCIL ITEM#70710 (Continued) 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 $1-Million. 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)-one(1)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 $1-Million 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. August 25, 2020 126 ITEM—L.I.20a/b PLANNING CITY COUNCIL ITEM#70710 (Continued) 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)two (2) 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. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25th day of August Two Thousand Twenty. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 25, 2020 lior de ifih. z __,,,:i?,,,. . tiji ,_,) u_ . I in , ,.., -,,, -I ill\ tok,----0 . O : - '0111p111 . ...\ , I Lo 11 ei10k -11\ to, ..---, It, , 1 co .c,,4 I N criu;) 1 <lc CL \,4,, ..,4,----,,-;_-„4....„„ Q $ Ok \ LI 0\ 13, \ \ 1\k.‘° % lit a) N I C4 l\ —1 0. \ : \ , (:). CD ili \ \ 10 11) i'% s p►�erne /W • CVPTes 0111111)111,000" \ 1 ••lig C-jra\1 in At it _____,-&- - zc- ' O 6 1\....,. o 0 Ce TI rn rn 2 c 0c � c Y �N o o co .5 6 a NJ a CO A L" \\� r-rG1N�$E,q ; 71 2/- f rs� amity of Virgiizia Beach Z J /44 e. F-�F OUR NAT�N� ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX. (757)385-5669 File No.0067801 August 25, 2020 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the applications of McLeskey&Associates for conditional use permits for properties located at(1)409 Southside Road;(2)441 Southside Road;and(3) 1405 Cypress Avenue Units A and B. 2. The applicant has disclosed that Dixon Hughes Goodman LLP ("DHG")is one of its service providers. 3. I have a personal interest in DHG because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time.DGH's address is 272 Bendix Road, Suite 500, Virginia Beach,Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in the Council's discussion and vote on this ordinance,upon disclosure of this interest. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH.VA 23451 DIII/PAVIE iagtuatuliounoD uosTIM y A.nntuasog °Ala.atns •Jalletu siq to aouelsissg moA ioj noA Amu, •liaumoD A)!D aql Jo spzooaa Igiogjo aql to uorwiepap siul pima! nOA lei Isanbaa Aunpoodsai isoialu!3ggnd NI ui pug`Apannoofgo`Alxtej uouousuga atg ui alediarged of alge tug I Imp =pap pun anoge Rog.; atp asolosip Agaxatl I 'S (I)S I I£-Z'Z §0P°3 etu1R1LA of lugnsmd amsopsIQ :a'U OZOZ`CZ Pant,' -Z- satueg eptnetuy sayg 127 ITEM—I.I.21 PLANNING PLANNING COMMISSION ITEM#70711 Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of JADE VACATIONS, LLC for a Conditional Use Permit re short term rental at 329 25th Street DISTRICT 6—BEACH Recommended Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 329 25`"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 nine(9)feet by 18-feet,contain a minimum eight(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 (2) 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 wee two (2)) 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. August 25, 2020 128 ITEM—L.I.21 PLANNING PLANNING COMMISSION ITEM#70711 (Continued) 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$1-Million. 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 (res on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. 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) one (1) 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 $1-Million 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 thrcc(3)two (2) 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. August 25, 2020 129 ITEM—I.I.21 PLANNING PLANNING COMMISSION ITEM#70711 (Continued) Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 130 ITEM—L.I.21 PLANNING CITY COUNCIL ITEM#70711 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of JADE VACATIONS,LLCfor a Conditional Use Permit re short term rental at 329 25th Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JADE VACATIONS, LLC for a Conditional Use Permit re short term rental at 329 25th Street(GPIN 24280030615030)DISTRICT 6—BEACH The following conditions shall be required: 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 nine(9)feet by 18-feet, contain a minimum eight(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 (2) 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 twee two (2)) 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. August 25, 2020 131 ITEM—I.I.21 PLANNING CITY COUNCIL ITEM#70711 (Continued) 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$1-Million. 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. 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) one (1) 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 $1-Million 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 thrcc(3)two (2) 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. August 25, 2020 132 ITEM—LL21 PLANNING CITY COUNCIL ITEM#70711 (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`"day ofAugust Two Thousand Twenty. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 25, 2020 00E 09Z 00Z 056 001. 05 5Z 0 6uipiin8 load i=ciimmir==== alsiyaniia 101 6uVed 6U!UOZ S laaa1S 119Z 6Z£ 4 0-n `suoi�e3en aped suo6kIod Apeda Id ��I► m l.S re ei NI Ki `\ \ 1�0 0 a, / 1 d sc (_� `\ 11 w „ y Z i"di s, .___,_,. .4,ta- II.-VS'' -4 1 -1\!, *U-\i i. No _ � 0 —� Q v /' \ ' jam/ ./� -'" ! z 1--V �, su5 "' 9£td \__ mo.'� as - Zs�-b� \ _ ____ �— ��0 , -.1, _0 \-- . .- : — -re- ''S ' "7 - eel 7---- 0--- --- Y " , . - 41727v ---- o' - ,,, i 0 , 7' .------------------------ 124-- - \ 4 % - z NO --- i)-:vQ n_ G viou __\ .. - . • ___ , --iii A . --. 1,J111 $ , 7 , \I ‘ , -------", -„---\ Ill IFP-- ' , ,dos- 1a. ' \ \----- i ' .11-V U -'44 "I_____,-- 0-1-"'''''f--.' 6 g°g°41 .-1 d .:, ,wit '' ', ,:_ ...a U111 q OW. __....0010119,11-•''cii oi 1 A t VI i'..tjr.-°.... t \pill____-_'_ ,,' li --i4D * .mil 0 \ 1#2,L.....'' 7 eijitlw'\ % as , 10:0A--- ..,t. ,,,, -=-%tri'll'°. _ : - e-,--\ \\ Vi31 \ Z I.' V 't,,, ', Ira 's :.----- la ....A11.-14.-4----7- (\ \____s‘ % _�! _ 1rc Ir ;m�� Tilt_ _ z/---it=3 _0, ra _Z d la. S'S �� 133 ITEM—I.I.22 PLANNING PLANNING COMMISSION ITEM#70712 Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED, AS CONDITIONED, BY CONSENT, Application of ANDREAS LOIZOU for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 102 DISTRICT 6—BEACH Recommended Conditions: its 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, 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 Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notes 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(3)two(2))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 $1-Million. August 25, 2020 134 ITEM—I.I.22 PLANNING PLANNING COMMISSION ITEM#70712 (Continued) 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)one(1)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 $1-Million 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)two (2) 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. Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 135 ITEM—I.I.22 PLANNING CITY COUNCIL ITEM#70712 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of ANDREAS LOIZOU for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 102 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ANDREAS LOIZOU for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 102 (GPIN 24280514483760)DISTRICT 6 —BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, 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 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 thrcc(3)two (2))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 August 25, 2020 136 ITEM—I.I.22 PLANNING CITY COUNCIL ITEM#70712 (Continued) 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 $1-Million. 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)one(1)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 $1-Million 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 thrcc(3)two (2) 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. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 2511'day of August Two Thousand Twenty. August 25, 2020 137 ITEM—I.I.22 PLANNING CITY COUNCIL ITEM#70712 (Continued) Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 25, 2020 v 1 rY \ IN ' O V \,, \I\ C looi OR \,\ lik, OR ' \-- \ VA4 \ - voloo.. 0, .OR �s 40111She• et - - 411 \ -_ ` Street ��- 4p'(h 1 iiiiiimila\ ,, OR III W 7 OR OR tt R-7.5 0 a - - , _ _01;tik ilk Site �� r ' Property_Polygons Andreas Loizou ' 4005 Atlantic Avenue, Unit 102 Zoning Parking Lot Drive Aisle m ...... _Feet 1-1 r,..:,..,:__ n 7n 4n so 19n l An Inn Tan 138 ITEM—I.I.23 PLANNING PLANNING COMMISSION ITEM#70713 Upon motion by Vice Chair Weiner, seconded by Commissioner Graham, Planning Commission APPROVED,AS CONDITIONED, BY CONSENT,Application of PROLIFIC PROPERTIES,LLC for a Conditional Use Permit re short term rental at 1047 Coastaway Drive DISTRICT 6—BEACH Recommended Conditions: 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 two (2)) 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 $1-Million. August 25, 2020 139 ITEM—I.I.23 PLANNING PLANNING COMMISSION ITEM#70713 (Continued) 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)one(1)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 $1-Million 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)two (2) 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. Voting: 9-0 Planning Commission Members Voting Aye: Steve Barnes, John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz Robyn Klein August 25, 2020 140 ITEM—I.I.23 PLANNING CITY COUNCIL ITEM#70713 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of PROLIFIC PROPERTIES,LLCfor a Conditional Use Permit re short term rental at 1047 Coastaway Drive DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PROLIFIC PROPERTIES, LLC for a Conditional Use Permit re short term rental at 1047 Coastaway Drive(GPIN 2417656259)DISTRICT 6— BEACH The following conditions shall be required: 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 two (2)) 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 August 25, 2020 141 ITEM—I.I.23 PLANNING CITY COUNCIL ITEM#70713 (Continued) 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 $1-Million. 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)one(1)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 $1-Million 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)two (2) 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. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25th day of August Two Thousand Twenty. August 25, 2020 142 ITEM—I.I.23 PLANNING CITY COUNCIL ITEM#70713 (Continued) Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 25, 2020 15 APµ i w o� t \ a 4,4,440„, 44411 / .j.f.:::-!,„_.-_,, z �bj�g � u_ O cp NI- NN: to N .Sh, C) .wor ,-,--4K „,,,,,, gas, o�y �.,A / * /4,A (:),0 O N 4 �O . A........ a it y� /� J > *\11 Goy J p Icv a. 0 .-‘) C:t / \\\\ N, \ :\i„ ,it. 2 p a�� a you <>_________", oo lilt <>4 Q' \ IW 0Lc 0 7:_ > 0 0 .. ai 0 a�i °' °' c 143 ITEM—I.I.24 PLANNING PLANNING COMMISSION ITEM#70714 The following registered to speak: Lisa Murphy,Attorney for Applicant, 440 Monticello Avenue#2200,Phone: 628-5540, spoke in SUPPORT John Keenan,Applicant, 410 Terrace Avenue, Phone: 619-857-8764, did not respond Paige Miyares, Property Manager, 1724 German Lane, Phone:201-2888, spoke in SUPPORT Yvonne Pakson, 3212 Blue Ridge Court, Phone: 348-3217, spoke in SUPPORT Luis Vilches, 2196 Teasdale Drive, Phone: 831-9147, spoke in SUPPORT Angela Ratliff, 412 Terrace Avenue, Phone: 613-3300, spoke in OPPOSITION Jeff Stratton, 408 Terrace Avenue, Phone: 746-6673, spoke in OPPOSITION Barbara Messner, P.O. Box 514, spoke in OPPOSITION Lisa Pompa, 415 Terrace Avenue, Phone: 621-0640, spoke in OPPOSITION Upon motion by Commissioner Graham, seconded by Vice Chair Weiner, Planning Commission APPROVED,AS CONDITIONED,Application of JOHNKEENANfor a Conditional Use Permit re short term rental at 410 Terrace Avenue DISTRICT 6—BEACH 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 (2) 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 two 0) 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). August 25, 2020 144 ITEM—I.I.24 PLANNING PLANNING COMMISSION ITEM#70714 (Continued) 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 $1-Million. 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 twe-(-2)one(1)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 $1-Million 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. August 25, 2020 145 ITEM—I.I.24 PLANNING PLANNING COMMISSION ITEM#70714 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be thrcc(3)two (2) 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. Voting: 5-3 Planning Commission Members Voting Aye: John H. Coston, Walter Graham, Michael Inman, David Redmond and David Weiner Planning Commission Members Voting Nay: Donald Horsley, Dee Oliver and Jack Wall Planning Commission Members Absent: George Alcaraz, Steve Barnes and Robyn Klein August 25, 2020 146 ITEM—I.I.24 PLANNING CITY COUNCIL ITEM#70714 Upon motion by Council Member Tower, seconded by Council Member Moss, City Council DENIED Application of JOHNKEENANfor a Conditional Use Permit re short term rental at 410 Terrace Avenue DISTRICT 6—BEACH Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, and Sabrina D. Wooten Council Members Voting Nay: Vice Mayor James L. Wood Council Members Absent: None August 25, 2020 147 ITEM—I.I.25a/b/c/d PLANNING PLANNING COMMISSION ITEM#70715 The following registered to speak: Randy Tabor, Applicant, 2940 Adam Keeling Road, Phone: 581-1282, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Chair Weiner, seconded by Commissioner Redmond, Planning Commission APPROVED,AS CONDITIONED,Application of LONGCREEK,LLCfor a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Units 110, 111, 210& 212 DISTRICT 6—BEACH 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 (1) 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 two .(21) 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. August 25, 2020 148 ITEM—I.I.25a/b/c/d PLANNING PLANNING COMMISSION ITEM#70715 (Continued) 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 $1-Million. 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)one(1)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 $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00p.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 thrcc (3)two (2) 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. August 25, 2020 149 ITEM—I.I.25a/b/c/d PLANNING PLANNING COMMISSION ITEM#70715 (Continued) Voting: 8-0 Planning Commission Members Voting Aye: John H. Coston, Walter Graham, Donald Horsley, Michael Inman, Dee Oliver, David Redmond, Jack Wall and David Weiner Planning Commission Members Absent: George Alcaraz, Steve Barnes and Robyn Klein August 25, 2020 150 ITEM—I.I.25a/b/c/d PLANNING CITY COUNCIL ITEM#70715 Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council APPROVED,AS CONDITIONED,Application of LONGCREEK,LLC for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Units 110, 111, 210&212 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LONGCREEK,LLC for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Units 110, 111, 210 & 212 (GPIN 2428051448) DISTRICT 6—BEACH The following conditions shall be required: 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 (1) 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 notes 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 two (2)) 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. August 25, 2020 151 ITEM—I.I.25a/b/c/d PLANNING CITY COUNCIL ITEM#70715 (Continued) 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 $1-Million. 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)one(1)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 $1-Million 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)two (2) 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. August 25, 2020 152 ITEM—I.I.25a/b/c/d PLANNING CITY COUNCIL ITEM#70715 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25`h day of August Two Thousand Twenty. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 25, 2020 a) ui o z `oI : 3 N i o 0 0 N N N up 1N 08 o o CV N , iirti#1 %_ ,t._ %_ ce ofx, _ :-J--:; :i...1 0 , 2 n Cc‘ u - \ totit:c.\\___\ , 10-\ i-. \ .4:r .••"' - - . -- > \\ erne I . N___3 .Gpv Agar 0 0 /! Jerue it il•t"'(% _ __ , A., \ ix a' > 0) i- ro 0 0 Lf. , al T 0) 11\ 0_ — 2. -0 cn a N a m 153 ITEM—I.I.26 PLANNING CITY COUNCIL ITEM#70716 The following registered to speak: Thomas Kiernan, 5145 Ruritan Court, Phone: 705-6337, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Abbott, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED,Application of KEMPSVILLE VOLUNTEER RESCUE SQUAD,INC./CITY OF VIRGINIA BEACH — Resolution to APPROVE a freestanding sign in accordance with City Zoning Ordinance (CZO) Section 905 0(5) for Kempsville Volunteer Rescue Squad, Inc., DISTRICT 2 — KEMPSVILLE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 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 25th day of August , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Departme City ttor 's Office CA15118/R-1/July 19, 2020 1 154 ITEM—I.I.27 PLANNING CITY COUNCIL ITEM#70717 Upon motion by Council Member Tower, seconded by Council Member Rouse, City Council DEFERRED TO SEPTEMBER 22,2020,Application of WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions re home for the aged, disabled & handicapped at 3100 Shore Drive (Approved November 14, 1977)DISTRICT 5—LYNNHAVEN Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,John D. Moss,Aaron R. Rouse, Guy K. Tower, and Sabrina D. Wooten Council Members Abstaining: Louis R.Jones, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None August 25, 2020 ok 5 ity of Vir iriia Beach q9/Fs S 9� OF ouR moot', LOUIS R.JONES PHONE: (757)583-0177 COUNCILMAN-DISTRICT 4-BAYSIDE FAX (757)426-5669 Refer to File No.0067676 July 28, 2020 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Westminster Canterbury on Chesapeake Bay for a modification of conditions to a conditional use permit for property located at 3100 Shore Drive. 2. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The company's corporate headquarters is located at 8464 Tidewater Drive, Norfolk, Virginia. Several years ago, Holloman-Brown Funeral Home entered into a contract for services with the applicant, and that agreement remains in effect. 3. I will abstain from participating in the City Council's consideration of this item. Please record this declaration in the official records of the City Council. Thank you. Sincerely, IN Louis R. Jone Councilmember LRJ/RRI 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 O 'G��7 ir � s>- ,!:" f,'ity of Virginia Etcach d` 4 TA o ' �2x rS L OF.:OUR N1,1‘°I., 4 ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX: (757)385-5669 Refer to File No.0067730 August 25, 2020 Mrs. Amanda Barnes, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code §2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Westminster Canterbury on Chesapeake Bay for a modification of conditions for property located at 3100 Shore Drive. 2. I am a real estate agent affiliated with Howard Hanna, and I have a personal interest in the company because I receive commissions from the company. Its Oceanfront office is located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Mr. Richard B. Thurmond serves as Chairman of the Board of Howard Hanna Real Estate Services for Virginia and North Carolina. He also serves as Chairman of the Board of Westminster Canterbury on Chesapeake Bay. 3. I will abstain from voting on this application. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- August 25,2020 Re: Disclosure and Abstention Pursuant to Virginia Code§ 2.2-3115(F) Sincerely, Rosemary A. W n Councilmember RAW/RRI o1N1A BE4 o City Of Virginia. Bea_CIl 9,9�s •e..: 44,6 Op OUR twoO VBgov.corn JAMES L.WOOD MUNICIPAL CENTER VICE MAYOR BUILDING 1,ROOM 281 DISTRICT 5—LYNNHAVEN 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)785-4342 FAX(757)340-2082 JLWOODI®VBGOV.COM Refer to File No. 0067706 August 25, 2020 Mrs. Amanda Barnes, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Westminster Canterbury on Chesapeake Bay for a modification of conditions for property located at 3100 Shore Drive. 2. Shore-Urchin, L.L.C. owns property adjacent to the property that is the subject of this application and that is located at 2301 Urchin Road. I have a personal interest in Shore-Urchin, L.L.C. Its principal office address is 208 Ash Avenue, Suite 101, Virginia Beach, VA 23452. 3. I am abstaining from voting on this application. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, J. -s L. Wood Vi'e Mayor JLW/RRI 155 ITEM—I.J APPOINTMENTS ITEM#70718 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD CONVENTION& VISITORS BUREAU COMMUNITY TASK FORCE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD August 25, 2020 156 ITEM—I. J APPOINTMENTS ITEM#70719 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: GUYK. TOWER (District 6—Beach) ROSEMARY WILSON (At-Large) No Term CONVENTION& VISITORS BUREAU COMMUNITY TASK FORCE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 157 ITEM—I. J APPOINTMENTS ITEM#70720 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: BILL COLEY MIKE EASON BARRY FRANKENFIELD (Adjusted Council Member Abbott's appointment from Member to Council Liaison) No Term PROCESS IMPROVEMENT STEERING COMMITTEE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 158 ITEM—I. J APPOINTMENTS ITEM#70721 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: LISA VARGA Four year term 9/1/2020-8/31/2024 PUBLIC LIBRARY BOARD T Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 25, 2020 159 ADJOURNMENT ITEM#70722 Mayor Robert M. Dyer DECLARED the City Council JOINT SPECIAL FORMAL MEETING WITH PLANNING COMMISSION ADJOURNED at 12:55 A.M. (August 26, 2020) Terri H. Chelius Chief Deputy City Clerk mand 'Barnes,MMC City CI rk Dee Oliver Chair, Planning Commission Robert M. Dyer Mayor August 25, 2020