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06-1-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large r cy VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 0at JESSICA P.ABBOTT Kempsville—District 2 >: 2 MICHAEL F.BERLUCCHI,Rose Hall—District 3 \; ii ^y BARBARA M.HENLEY,Princess Anne—District 7 • - • LOUIS R.JONES,Bayside—District 4 JOHND.MOSS,At Large `+,* ,t�� AARONR.ROUSE,At Large r°' OU■ M•,`O"5 GUYK.TOWER,Beach—District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville—District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY—MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR—RONALD D.AGNOR June 1, 2021 FAX(757)385-5669 CITY AUDITOR—LYNDONSREMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK—AMANDA BARNES MAYOR ROBERT M. `BOBBY"DYER PRESIDING I. CITY COUNCIL'S BRIEFING -Virginia Beach Convention Center- 1:00 PM A. CHANGES TO THE CITY'S VOTING SYSTEM Christopher Boynton, Deputy City Attorney II. CITY MANAGER'S BRIEFING 1:30 PM A. STORMWATER MANAGEMENT REVIEW AND STORMWATER APPEALS BOARD Bobby Tajan, Director—Planning and Community Development Carrie Bookholt, DSC Administrator—Planning and Community Development Seth Edwards, Engineering Supervisor—Planning and Community Development III. CITY COUNCIL DISCUSSION/INITIATIVES 2:30 PM IV. CITY COUNCIL LIAISON REPORTS 3:00 PM V. CITY COUNCIL COMMENTS VI. CITY COUNCIL AGENDA REVIEW 3:15 PM VII. INFORMAL SESSION - Virginia Beach Convention Center- 3:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VIII. FORMAL SESSION - Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor R. Perez Gatling, Ebenezer Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 18, 2021 2. SPECIAL FORMAL SESSION May 25, 2021 G. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION - Attorney Kernel Bailey H. PUBLIC COMMENT 1. PROPOSED CHANGES TO THE CITY'S ZONING ORDINANCE SHORT TERM RENTALS I. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the Dedication of a 15'-wide(1,861 square feet) Easement to Dominion Energy over City-Owned property located on Loretta Lane 2. Ordinance to AUTHORIZE Conveyance of a Safety Arc Easement to the United States of America over 15.07 +/- acres of City-Owned land at Red Wing Lake Golf Course 3. Resolution to EXTEND the deadline for the recommendations of the Citizens Review Panel Task Force(Requested by Council Member Wooten) 4. Resolution to APPOINT the Members of the Urban Agriculture Advisory Committee to four-year terms (Requested by Council Members Abbott and Berlucchi) 5. Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in the City: a. Fast Track EMS, LLC b. MB Solutions, LLC c. Shore Transport Services, Inc 6. Ordinances to ACCEPT and APPROPRIATE: a. $197,811 from Virginia Department of Behavioral Health and Development Services to FY 2020-21 Human Services Operating Budget re security costs at the Crisis Intervention Team (CIT) Assessment Center b. $130,127.39 from the Federal Emergency Management Agency(FEMA)to the FY 2020-21 Fire Department Operating Budget re costs for mobilization of the Virginia Task Force 2 Urban Search and Rescue Team to assist with the 59th Presidential Inauguration J. PLANNING 1. ANATOLY&JOY ANN DRITSCHILO for a Street Closure re 7.5 foot by 50-foot portion of an unimproved alley adjacent to the rear of 737 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. GERARD JANDOC for a Conditional Use Permit re short term rental at 4503 Guam Street DISTRICT 4—BAYSIDE RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 3. KIM DAVENPORT for a Conditional Use Permit re short term rental at 8809 Atlantic Avenue Units A & B DISTRICT 5 —LYNNHAVEN RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 4. MARK A. MOORE for a Conditional Use Permit re short term rental at 2229 Maple Street DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 5. KERRY BURNHAM for a Conditional Use Permit re short term rental at 400 Norfolk Avenue, Unit B DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. HALF MOON EXT, LLC/ JAMES GOLDSTEIN for a Conditional Use Permit re short term rental at 305 16th Street, Unit A DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. VICTORIA MASON/ DOMINIC MASON for a Conditional Use Permit re short term rental at 304 28th Street, Unit 207 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. COLIN TOMLINSON/JASON WALKER for Conditional Use Permit re short term rental at 304 28th Street, Unit 111 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. TENIKA CREW for a Conditional Use Permit re short term rental at 3236 Winterberry Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 ************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person at the Convention Center or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e0984c10f1 657479465e93161870 6f62c 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on June 1, 2021. I. CITY COUNCIL'S BRIEFING - Virginia Beach Convention Center- 1:00 PM A. CHANGES TO THE CITY'S VOTING SYSTEM Christopher Boynton, Deputy City Attorney II. CITY MANAGER'S BRIEFING 1:30 PM A. STORMWATER MANAGEMENT REVIEW AND STORMWATER APPEALS BOARD Bobby Tajan, Director—Planning and Community Development Carrie Bookholt, DSC Administrator—Planning and Community Development Seth Edwards, Engineering Supervisor—Planning and Community Development III. CITY COUNCIL DISCUSSION/INITIATIVES 2:30 PM IV. CITY COUNCIL LIAISON REPORTS 3:00 PM V. CITY COUNCIL COMMENTS VI. CITY COUNCIL AGENDA REVIEW 3:15 PM VII. INFORMAL SESSION - Virginia Beach Convention Center- 3:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VIII. FORMAL SESSION - Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor R. Perez Gatling, Ebenezer Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 18, 2021 2. SPECIAL FORMAL SESSION May 25, 2021 G. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION - Attorney Kerriel Bailey l.., k .r Y \.7...ievwciar RESOLUTION WHEREAS:Attorney Kernel Bailey was a passionate advocate for children and she quickly rose to the top of her field representing children in cases of abuse, neglect, custody, adoption, and guardianship. On January 24, 2021,she passed away leaving a legacy of service;and WHEREAS: Attorney Bailey earned her Juris Doctorate Degree from Regent University School of Law in 2008,where she received the "Most Inspirational Graduate"award.She also graduated Summa Cum Laude with a Bachelor of Arts degree in Political Science,and she held an Associate of Arts degree in Philosophy where she graduated with Highest Honors;and WHEREAS: She was licensed to practice law in all courts in Virginia, Washington DC, and in the United States Bankruptcy Court Eastern District of Virginia;and WHEREAS:Attorney Bailey taught Legal Advocacy for her alma mater Regent University of Law on a variety of subjects and was committed to helping future generations of lawyers;and WHEREAS: She ran an active solo law practice in Virginia Beach representing children including those abused, neglected, and otherwise victimized, ofenappearing in the City's Juvenile and Domestic Relations Court;and WHEREAS:Attorney Bailey was awarded as "Champion for Children"in her field in 2014;and WHEREAS: She handled approximately 800-1000 cases involving children in her accomplished 11-year career;and WHEREAS:Attorney Bailey belonged to numerous organizations including the American Professional Society on the Abuse of Children, the Federalist Society, Virginia Bar Association,American Bar Association, Virginia Trial Lawyers Association,and the Virginia Women Attorney Association;and NOW THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby recognize KERRIEL BAILEY for her dedication to the wellbeing of children in the legal system and her positive contributions to the City of Virginia Beach. Given under our hands this 1 S(day of June,2021. C1 / 4.4161,- /"i• Council9lem6 es P.A66ott CounciC9e2em6er91ichaelT.Berlucchi Council9Kem6erBar6ara9bt. enley g‘44 (?`"` , Cou " emberL is c,Jones Council91em6erJohn D.Moss Councif91em6erAaron gZyuse Cou . 9Kem6er Guy R rower Council91em6er Rosemary WYson uncil9Kem6erSa6n'na(D.Wooten LAM ii v lames L Wood Mayor 4,pbert 94. 'Bobby'(Dyer IL PUBLIC COMMENT 1. PROPOSED CHANGES TO THE CITY'S ZONING ORDINANCE SHORT TERM RENTALS I. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the Dedication of a 15'-wide(1,861 square feet)Easement to Dominion Energy over City-Owned property located on Loretta Lane 2. Ordinance to AUTHORIZE Conveyance of a Safety Arc Easement to the United States of America over 15.07+/- acres of City-Owned land at Red Wing Lake Golf Course 3. Resolution to EXTEND the deadline for the recommendations of the Citizens Review Panel Task Force (Requested by Council Member Wooten) 4. Resolution to APPOINT the Members of the Urban Agriculture Advisory Committee to four-year terms(Requested by Council Members Abbott and Berlucchi) 5. Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in the City: a. Fast Track EMS, LLC b. MB Solutions, LLC c. Shore Transport Services, Inc 6. Ordinances to ACCEPT and APPROPRIATE: a. $197,811 from Virginia Department of Behavioral Health and Development Services to FY 2020-21 Human Services Operating Budget re security costs at the Crisis Intervention Team (CIT)Assessment Center b. $130,127.39 from the Federal Emergency Management Agency(FEMA)to the FY 2020-21 Fire Department Operating Budget re costs for mobilization of the Virginia Task Force 2 Urban Search and Rescue Team to assist with the 59th Presidential Inauguration "I _m4 11, 14,.._ \0, trl CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Authorizing the Dedication of a 15'-wide (1,861 sq. ft.) Easement to Dominion Energy Virginia over City-Owned Property Located on Loretta Lane (GPIN: 2417-45-8332) PUBLIC HEARING DATE: May 18, 2021 MEETING DATE: June 1 , 2021 • Background: The City of Virginia Beach (the "City") owns a 1-acre +/- parcel of vacant land located on Loretta Lane, GPIN: 2417-45-8332 (the "Property"). The Property was purchased from C. Corp., a Virginia corporation, on November 26, 2013 for $60,000 for the Oceana & Interfacility Traffic Area Conformity & Acquisition program. Dominion Energy Virginia, a/k/a Virginia Electric and Power Company ("Dominion"), has requested that the City dedicate a 15'-wide (1 ,861 sq. ft.) easement across the front of the Property, for the purpose of installing and maintaining underground electric facilities (the "Easement"). As a part of their undergrounding program to reduce power outages, Dominion has requested that the City grant the Easement over the Property. Dominion has agreed that it will be responsible for the cost of future relocation of its facilities, if required, so long as the City remains the owner of the Property. Once the Property is conveyed to any other entity, including the Virginia Beach Development Authority, the relocation or such costs will fall to the new owner. • Considerations: The Easement is needed to move forward with a reliability project in the area. • Public Information: A public hearing is to be held on May 18, 2021, and public notice will be provided via the normal City Council agenda process. • Recommendations: Approval • Attachments: Ordinance, Location Map, and Disclosure Statement Recommended Action: Approval A*/ Submitting Dep ment/Agency: Public Works City Manager: 19,V) 1 AN ORDINANCE AUTHORIZING THE DEDICATION 2 OF A 15'-WIDE (1,861 SQ. FT.) EASEMENT TO 3 DOMINION ENERGY VIRGINIA OVER CITY-OWNED 4 PROPERTY LOCATED ON LORETTA LANE (GPIN: 5 2417-45-8332) 6 7 WHEREAS, the City of Virginia Beach (the "City") owns a 1-acre +/- parcel 8 of vacant land located on Loretta Lane, GPIN: 2417-45-8332 (the "Property"); 9 10 WHEREAS, Dominion Energy Virginia, a/k/a Virginia Electric and Power 11 Company ("Dominion"), has requested that the City dedicate a 15'-wide (1,861 sq. 12 ft.) easement across the front of the Property, as shown on Exhibit A attached 13 hereto (the "Easement"); and 14 15 WHEREAS, the Easement will allow the installation and maintenance of 16 underground facilities to provide electric service to the citizens located in the 17 Loretta Lane area. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 20 CITY OF VIRGINIA BEACH, VIRGINIA: 21 22 That the City Manager is hereby authorized to execute any documents 23 necessary to dedicate the Easement to Dominion over the Property, as shown on 24 the plat attached hereto as Exhibit A and made a part hereof, and such other terms, 25 conditions and modifications as may be acceptable to the City Manager and in a 26 form deemed satisfactory by the City Attorney. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia on the 29 day of , 2021. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFIC CY City A orney i Public Works Real Estate CA15223 R-1 May 3, 2021 vi 0999LLL01-0 M H01/38 VINIONIA 30 A110'a0A3/.009 ALIO ,ok S)RlOM 01lBlld 30 ulm 11091IOS(LOLl W I 31VO � I�}f�43NOIS / 7•JI I 31V0 :O3AoaddV l WL-LIS ILSO b -�-II / � � VR�� I 0 311n5 OZZCL VINIO131A'3NV3dV53H0'133a1S NO8A8[CS 1314S13 0V31 NV SS3NISn8 ONI00 1./ld NO NMOHS S3NI1 ANVdW0013HSId 3H1 1331410 00 51332119'103OY108 3141 30 993011032121003H10193131121301004 9300 92130M13H1'1930214133 AB Mil .0LL M9 .o ,v.FynS 0 6102-CI AeVOa833 M93.131V0S '/II N�� '0330 AN 03ain00V 38011N3I13SV3 'S VINIOaIA'HOV38 VINIO211A 0811'ON yl 1130d38 31111 V 3o 1133N 3831.1111(0/11M 0321Vd313d SVM 1VId SIH1 'r HOV3a VINIONIA ON d0 A1I0 3H1 WOad Z 1= 1 I~ d' 0a003a 30 S0330 CIIV SlVld woad INV 13H513 NV31 AOa3N3 VINIONIA NOINIWOO 'CIA8 A3Aa5S 013131Vn10V NV N0d1103SV8313V 1Vld 99LL NO NMOHS 9V3aV ONV 53NI1 A/8380ad 3141 C aOd �4 / ?o A3nans AavaNnoe V 3uuasraOloN 4300 wv A1N0 s3s0d131141 Nallslnov 2103 511vId S1111 z 031:1In00V 38011N3W3SV3.9 I d0 H1143. • la3road s1111 NO4 s31v110000o lsn8v1s3 of 039n sVM 0L(se ONIMOHS 1Vld 11SI0102L1N00 A3A00IS HOV38 V1N1001A 30 Al/0(1003 A3A21119 S-n)'NOVH 0001)9 0L 1701V0 NVOIa3NV HLNOI '3NO2 H1110S V1318A8 31VNIOa000 3NV1d 31V1S V11410010 NO 03SV8 SI 1VId Sail 80311111VO 1V1NOZ11013 3H1 I 'S31ON .42 iiiPAsfe .1 V *k0 (AVM-itrlHOla.09) AOa3N3 VINI0301 NOINI11005L1 S310H301///////I ,1?-6'0V. i'll'4 (69 d'L'8 NI'ILK'd'Z9.80/ 3 11 jjii��`"' (30N3AVV'-Ia k8M1 A1831203) ", , (ONf103Hd1 (oNno3lNld 3NV 1 VU3aO1 /POI SCC'91 911011Vr101s3a O"`( M./11A9S AO'ILI M.0811.805 .099Ll 031811DOV 38 01! ��/ 110040 OININON3 �{ 3.611 L.OB N l�• 03Nn03)3dN Cro 0 Iii'I V1MO8N NOIN0V003 45 eYr1*o- �' 3.C11L.M N 1Z141 (OIn03)31%V Ll��L ql SLR C N .O ** 90891 N3PON g (ONn03Mlld 001 SCC'9I 9/101 �v L.i O3a1no0v 38 o11N3N3SV3 S3a09 13333aYn09 730aVd A v9 dlL'8IIAOa3N38101001AHgNIWOOSI 31V1V3?V .n O L j m m 00319 3ln.NId0 1 0< C. 2 C. 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S '"S . 1, o r m w L_ 15'DOMINION VIRGINIA ENERGY EASEMENT r r � IN m m m ■ fir- (--- LORETTA LN ,--------- r--- 4 / 0 I —LI- �O • z — �_0 Legend - - ■ EASEMENT /2> yOA�,9li 2417-45-8332 //� CITY PROPERTIES \ LOCATION MAP lbw EXCESS CITY OWNED PROPERTY NOTE: THE PROPERTY SHOWN IS LOCATED \ 2417-45-8332 IN AICUZ NOISE ZONE >_75dB. THE PROPERTY SHOWN IS ALSO LOCATED IN ZONES APZ 1, 111iiimm Feet AND APZ 2. — 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 03/2B/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\City Property\2417-45-8332\2417-45-8332 Revised 3 25 21 Disclosure Statement IP3 City of Virginia Beach Planning & Community Development ram" The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Virginia Electric and Power Company dba Dominion Energy-Virginia Does the applicant have a representative? ■ Yes ❑ No • If yes,list the name of the representative. Sharlene Cohoon,SUG Marketing and Communications Coordinator Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? U Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached • If yes,list the businesses that have a parent-subsidiary1 or affiliated business entity'relationship with the applicant. (Attach a list if necessary) NA 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Virginia 1I--ctric an . wer C ='.any Directors Officers Name Title Baine, Edward H. Director Blue, Robert M. Director Leopold, Diane Director Blue, Robert M. Chief Executive Officer Baine, Edward H. President Executive Vice President, Chief Financial Officer and Chapman, James R. Treasurer Executive Vice President, Chief of Staff and Corporate Reid, Carter M. Secretary Senior Vice President - Regulatory Affairs and Customer Arnett, Corynne S. Experience Senior Vice President - Nuclear Operations & Fleet Bischof, Gerald T. Performance Senior Vice President, General Counsel and Chief Brown, Carlos M. Compliance Officer Senior Vice President, Controller and Chief Accounting Cardiff, Michele L. Officer Curtis, Katheryn B. Senior Vice President - Generation Frederick, Michael D. Senior Vice President - Administrative Services Mitchell, Mark D. Senior Vice President - Project Construction Senior Vice President - Corporate Affairs & Murray, William L. Communications Stoddard, Daniel G. Senior Vice President and Chief Nuclear Officer Whitfield, Charlene J. Senior Vice President - Power Delivery Avram, Emil G. Vice President - Business Development Bassey, Utibe O. Vice President - Customer Experience Bennett, Joshua J. Vice President - Offshore Wind Name Title Curtis, J. Kevin Vice President - Transmission Duman, L. Wayne Vice President - Financial Planning & Analysis Green, Cedric F. Vice President - Technical Services Lee, Adam S. Vice President and Chief Security Officer Locke, Robert H. Vice President - Distribution Operations Purohit, Prabir Vice President - Finance Sartain, Mark D. Vice President - Nuclear Engineering & Fleet Support Sauer, Robert W. Vice President - System Operations Showalter, Alma W. Vice President - Tax Stites, Brandon Vice President - Project Construction Tornabene, Amanda B. Vice President and Chief Environmental Officer Wellener, Wendy T. Vice President - Shared Services Windle, Keith Vice President - Financial Management Woomer, Joseph A. Vice President - Grid & Technical Solutions Wooten, Steve C. Vice President and Chief Information Officer Lawrence, Douglas C. Site Vice President - Surry Power Station Mladen, Fred Site Vice President - North Anna Power Station Conway, Kelly K. Controller Doggett, Karen W. Assistant Corporate Secretary Evans, Jonathan T. Assistant Treasurer Kurz, William J. Assistant Controller Nawrocki, Alison M. Assistant Controller Phibbs, Michael Brandon Assistant Treasurer Scott, Kathryn "Liza" J. Assistant Treasurer Singer, Russell J. Assistant Corporate Secretary Disclosure Statement ,NB City of Virginia Bead] Planning & Community = Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes in No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes in No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes i No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes IN No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage Disclosure Statement VB City of Virginia Beach Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Sharlene Cohoon,SUG Marketing and Communication Coordinator Print Name and Title 3 May 2021 Date Is the applicant also the owner of the subject property? ❑ Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name Revised 11.09.2020 3 I P a k e r , .. , lit* Disclosure Statement 'N City of V inia Beuch _ a9 Planning & Community Development ariow Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 I P a g e Disclosure Statement City of Virginia&id Planning & Community Development Owner Disclosure Owner Name City of Virginia Beach Applicant Name Virginia Electric and Power Company dba Dominion Energy-Virginia Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement City of Virginia Beath Planning & Community Development - „ - Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes • No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes U No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes • No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes • No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage Disclosure Statement City of Virginia Beach Planning & Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes U No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date Revised 11.09.2020 7 I P a g e Nt� 44 f, 4 pJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing conveyance to the United States of America of a safety arc easement over 15.07 +/- acres of City-owned land at the Red Wing Lake Golf Course PUBLIC HEARING DATE: May 18, 2021 MEETING DATE: June 1, 2021 ■ Background: The City owns property at 1144 Prosperity Road, on which it operates the Red Wing Lake Golf Course (the "Golf Course Property"). The City acquired the Golf Course Property from the Commonwealth of Virginia on July 9, 2002. During that same time, the City entered into a Deed of Boundary Settlement with the United States, Department of the Navy (the "Navy") to resolve an overlap of deeds in the area where the 5th fairway of the golf course was located on the Golf Course Property. Both the Navy and the City thought they owned the same property, and after negotiations, the Navy agreed to convey the land to the City. Records at the time indicated the Navy intended to reserve easements on the overlap area to protect functions of Dam Neck Station, a facility of NAS Oceana. The Navy is interested in acquiring a safety arc easement over a 15.07-acre portion of the Golf Course Property to establish a protective arc around its Naval Air Station Oceana / Dam Neck Annex to establish an Explosive Safety Quantity Distance (ESQD) Zone, which is similar to the restriction the Navy intended to reserve at the time the Deed of Boundary Settlement was signed. This easement (the "ESQD Easement") will cover a portion of the 5th fairway as depicted on the attached Location Map. ■ Considerations: The ESQD Easement will allow the golf course facilities to remain operational, but it will limit structures in the area of the ESQD Easement to the existing or similiar golf course features. A copy of the proposed Grant of Easement is attached. The Navy had the proposed ESQD Easement appraised; however, the Navy's appraiser deemed the easement of "nominal" value, because the Golf Course Property has a deed restriction limiting it to municipal recreation use, and that use (as a golf course) will be able to continue, albeit with restrictions over the 5th fairway. The Navy does not share its appraisals, and the City has the option to get its own appraisal, but due to the likely low value of the easement and due to the nature of the City's positive relationship with NAS Oceana, the City has opted not to do so. It is proposed that the City grant the ESQD Easement to the Navy for $1 ,000. The proceeds from the sale of the ESQD Easement will be deposited in the General Fund Account #100.405.5000.442020. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and via the normal City Council agenda process. The public hearing will be held on May 18, 2021 . • Recommendations: Approve the Ordinance • Attachments: Ordinance, Draft Grant of Easement, Location Map Recommended Action: Submitting Department/Agency: Parks and Recreation AA'/E City Manager: 1. AN ORDINANCE AUTHORIZING CONVEYANCE 2 TO THE UNITED STATES OF AMERICA OF A 3 SAFETY ARC EASEMENT OVER 15.07± 4 ACRES OF CITY-OWNED LAND AT THE RED 5 WING LAKE GOLF COURSE 6 7 WHEREAS, the City owns property at 1144 Prosperity Road, on which it 8 operates the Red Wing Lake Golf Course (the "Golf Course Property"), which the City 9 acquired from the Commonwealth of Virginia on July 9, 2002; 10 11 WHEREAS, around the same time, the City entered into a Deed of Boundary 12 Settlement with the United States, Department of the Navy (the "Navy") to resolve an 13 overlap of deeds in the area where the 5th fairway of the golf course was located on the 14 Golf Course Property, and records at the time indicated the Navy intended to reserve 15 easements on the overlap area to protect functions of Dam Neck Station, a facility of 16 NAS Oceana; 17 18 WHEREAS, the Navy is interested in acquiring a safety arc easement over a 19 15.07-acre portion the Golf Course Property to establish a protective arc around its 20 Naval Air Station Oceana / Dam Neck Annex to establish an Explosive Safety Quantity 21 Distance (ESQD) Zone, which is similar to the restriction the Navy intended to reserve 22 at the time the Deed of Boundary Settlement was signed. This easement (the "ESQD 23 Easement") will cover a portion of the 5th fairway, as depicted on the exhibit attached 24 hereto as Exhibit A and made a part hereof; 25 26 WHEREAS, the ESQD easement will allow the golf course facilities to remain 27 operational, but it will limit structures in the area of the ESQD Easement to the existing 28 or similar golf course features, and a copy of the proposed Grant of Easement is 29 attached hereto as Exhibit B and made a part hereof; and 30 31 WHEREAS, in recognition of the partnership of the Navy and the City, the City 32 Council finds that it is in the best interests of the City to grant the ESQD Easement to 33 the Navy for $1,000. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 That the City Manager is hereby authorized to execute a Grant of Easement to 39 the Navy for the conveyance of the ESQD Easement, so long as it is in substantial 40 conformance with the draft Grant of Easement attached hereto as Exhibit B, with such 41 other terms, conditions or modifications as may be satisfactory to the City Manager and 42 in a form deemed sufficient by the City Attorney; 43 44 Further, that the revenue from the sale of the ESQD Easement in the amount of 45 $1,000 shall be received and deposited in the General Fund Account 46 #100.405.5000.442020. 47 48 This ordinance shall be effective from the date of its adoption. 49 5o Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of , 2021. 52 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA11640 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d006\p008\00066100.doc R-1 February 1, 2021 APPROVED AS TO CONTENT Parks and Recreation APPROVED AS TO LEGAL SUFFIC CY • City Attorney's Office s. w ,• SITE :� "q l - f .x y 1 7� r y �S, ! s ,i ,°." r^' ' ,w a K Rhwrt _ k4 � a�. Dam Neck Base ' �' 4111 "` O r �• 7Z. 404 •. ♦ i - t -z ' t , ... "'"'1.F d -w• ' 1 }. .:tera' .° ,' .w"' , • Hole #5 lir— tabbies .„ � a 4 _ f m XX Red WingGolf Course 'ci._ ... ','''. • IF* .. /• ,.�r o0 x /// - .," 4.:14?-..t,t ..-' 0-,..,,,c .-...-..-.....1 4a . ' • R a 4 , �y{ : �r* P., a ,0'''' • to y t ty� LOCATION MAP '`°' ESQD EASEMENT ON CITY PROPERTY Map Key : ' RED WING GOLF COURSE 2: ESQD Easement . GPIN 2425-09-5570 mil 09 Feet Property1=1 Federal 4 0 250 500 1.000 -repares iv • tt ng ng upport Services :ureau • ,111 a 1 91•rotects,AHG -files kedvring coif course Easement Aerial EXHIBIT A TO GRANT OF EASEMENT ATLANTIC 0 250' 500' 750' 1000' W 0 OCEAN _ �.. 43.5 a o/SITE NAMK GRAPHIC SCALE 1" = 250' cW p REDWING ANNEX s g' 4 GOLF I "J PROPERTY LINE AS SHOWN / o PROPOSED ESOD EASEMENT o ' N COURSE (N.B. 302, PG. 58) // AREA= 656,400 SO. FT. AND BY BOUNDARY LINE ' OR 15.0688 ACRES "'o SETTLEMENT WIN CITY OF �p E VIRGINIA BEACH a DAM K BLVD.REDWING (INST./ 200209243038266) . o ` 9' AND SHOWN ON BOUNDARY SURVEY v Tf� N /� /tea^ NAVAL AIR STATION OCEANA DAM NECK z VICINITY MAPVIRGINIA BEACH, VIRGINIA DATED 10/17/2017vi T �201710160O0800890610 s INST. SCALE: 1"= 2000' UNITED STATES OF AMERICA (D.B. 443, PG. 142)(CML MISC. #71381927) f EDGE PAVEMENT GPIN: 2426-33-0570 7'N= 3,462.518.75' POINT OF COMMENCEMENTr GYf �� CO�,PIPE/85 / (GOVERNMENT FENCE) E= 12,219,260.86' N81'23 01•E 1205' r / N7720'29'E 691.59' PIN }186 x 79' *� �i. MON #91 '.' 1169• PIPE #Bl " ! .� • x 0'J co _ �� 35.8 J�' yvu y�w.,yw.. �` C2 a ``',- CONCRETE POINT OF BEGINNING CAA Pam 3 i PIN#84 I/ S73'36'49'E ````� E A 2268.99' , E.,' EDGE / ,/ > WOODED REDWING LAKE WOLF COURSE AREA ' R NOW OR FORMERLY �i g `` CITY OF NRGINU BEACH { (D.B. 4735, PG. 679) 1 � (M.B. 302, PG. 58) d, t; GPIN: 2425-09-5570 ___ � aMERIDIPN SOURCE IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE NORTH AMERICAN DATUM (NAD 1983/1994 HARN). COORDINATES AND DISTANCES �� SHOWN ARE GRID DISTANCES IN U.S. FEET. UNITED STATES OF AMERICA 2. EXHIBIT DATA AND PROPERTY MONUMENT NUMERATION BASED ON PLAT ENTITLED 1 (D.B. 282, PG. 596) 'BOUNDARY SURVEY NAVAL AIR STATION OCEANA DAM NECK VIRGINIA BEACH, VIRGINIA' t� GPIN: 2425-39-2661 DATED OCTOBER 17, 2017 AND RECORDED AS INST. / 20171016000890610 j IN THE CLERKS OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH. f/� r83 DEED AND PLAT DATA IS BASED ON INFORMATION OBTAINED FROM NAVY REAL ESTATE ir RECORDS AND CLERK OF CIRCUIT COURT CITY OF VIRGINIA BEACH, VIRGINIA. >1 di i S20'26'56'W 466.78' 3. NOTHING ON THIS EXHIBIT SHALL BE CONSTRUED AS CHANGING THE TRUE BOUNDARY X UNE OF THE SUBJECT PROPERTY, WHICH REMAINS AS SET FORTH IN THE DEED OF BOUNDARY SETTLEMENT, DATED JULY 26, 2002 AND RECORDED IN THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH AS INSTRUMENT NO. 200209243038266. ,rr PIN #82 ,r #81 14#. S16'15'13"E ,�� • 83.74' NsA"'r _tN 3,460.333.19' ;e._ S56 4 39.36' E= 12,222,693.48' 1.1111' UNITED STATES OF AMERICA tiourig (INST. 020181030000890830) GPIN: 2425-29-2360 i.I. MI1DLAUT EXHIBIT OF ESQD EASEMENT CURVE TABLE FOR CURVE/ LENGTH RADIUS DELTA TANGENT CHORD BEARING i CHORD UNITED STATES OF AMERICA Cl • — 1776.95' 1375.00' 74'02'42' 1036.98' 1 N12'38'51"E 1655.85' NAVAL AIR STATION OCEANA,DAM NECK VIRGINIA BEACH,VIRGINIA C2 897.79' 1375.00' 3724'38" 465.55' N82'56'56111 881.93' ESQD = (EXPLOSIVE SAFETY QUANTITY DISTANCE) BY: REC INSTALLATION : NAVAL AIR STATION OCEANA, DAM NECK UIC:N60191 SA: ON BL•AM1 PL AM1 SHEET CHECKED: RA JOB ORDER No. ADLCRO RPM) No.645 DWG DATE SEPT 23, 2020 - 1 OF 1 APPROVED: RA DIGITAL DWG FILE: CSS-645-19-079 SCALE: 1' = 250' - 1 EXHIBIT Prepared by. United States of America Commanding Officer(Attn:Code RE4-PM) All correspondence pertaining to Naval Facilities Engineering Systems Command Mid-Atlantic this Easement should reference 9324 Virginia Avenue Contract No.N40085-21-RP-00063 Norfolk,VA 23511-3095 EI-11530 EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A)(3) AND 58.1-811(C)(4) $ GRANT OF EASEMENT THIS EASEMENT, made this day of , 2021,by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter called the GRANTOR,and the UNITED STATES OF AMERICA, acting by and through the Department of the Navy, hereinafter called the GOVERNMENT (the "GRANTEE"); WITNESSETH: WHEREAS, the GRANTOR is the sole owner in fee simple of certain property containing 15.0688 acres per survey, more or less (the"Property"), more particularly described herein and being a portion of land known and used as the Red Wing Lake Golf Course,located in the City of Virginia Beach,Commonwealth of Virginia and situated near Naval Air Station, Oceana, Dam Neck Annex, Virginia Beach, Virginia,hereinafter called the INSTALLATION; WHEREAS, the GOVERNMENT desires to acquire a perpetual easement and restrictive development rights and rights of ingress and egress on, over, across and through the Property for the establishment, maintenance,operation and use of an explosive safety area and restricted use zone, known as an Explosive Safety Quantity Distance ("ESQD")Zone (the "ESQD Easement"); and WHEREAS, the GRANTOR and the GOVERNMENT entered into an agreement identified as the Agreement for Purchase of Real Property,Contract No. N40085-21-RP- 00084, dated , whereby the GRANTOR agreed to sell and the GOVERNMENT agreed to purchase for the consideration of One Thousand Dollars ($1,000.00), the hereinafter described ESQD Easement on, over and across said lands; and WHEREAS, the OWNER and the GOVERNMENT now desire that said Agreement shall be carried out by formalizing said conveyance; NOW THEREFORE, in consideration of the sum of ONE THOUSAND DOLLARS ($1,000.00), cash in hand paid to the GRANTOR, the receipt and sufficiency GPIN: 2425-09-5570 of which is hereby acknowledged, the GRANTOR does hereby grant and convey to the GOVERNMENT and its assigns, a perpetual ESQD Easement and restrictive development rights and rights of ingress and egress on, over, across and through the Property in connection with the operation of Naval Air Station, Oceana, Dam Neck Annex, Virginia Beach, Virginia, and such ESQD Easement shall be over lands hereinafter described,to wit: ALL THAT certain explosive safety quantity distance easement, lying,situate and being in the City of Virginia Beach, Virginia and designated, described, and shown as the hatched area as: "PROPOSED ESQD EASEMENT AREA= 656,400 SQ. FT. OR 15.0688 ACRES" as shown on that certain exhibit entitled: "EXHIBIT OF ESQD EASEMENT FOR UNITED STATES OF AMERICA NAVAL AIR STATION OCEANA, DAM NECK VIRGINIA BEACH, VIRGINIA ESQD = (EXPLOSIVE SAFETY QUANTITY DISTANCE)," Scale of 1" = 250', dated September 23, 2020, prepared by NAVFAC Midlant, which exhibit is attached hereto as Exhibit "A" and made a part hereof, and to which reference is made for a more particular description. IT BEING a part of the same property conveyed to the GRANTOR by Deed from the Commonwealth of Virginia, Department of Military Affairs dated June 18, 2002, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Deed Book 4735, at page 679. SUBJECT TO any easements,restrictions, reservations or rights of way of record. This ESQD Easement is granted subject to the following terms and conditions: 1. This is a perpetual easement over the entire area of the aforedescribed Property, which restricts and absolutely prohibits the GRANTOR, their successors, lessees, assigns or heirs of the aforedescribed Property from erecting, constructing, installing, or continuing to occupy, any structure, dwelling or building, as these terms are defined herein, once this instrument is signed by both the Grantor and Grantee. A structure, dwelling or building is defined as including, but not limited to, single or multifamily dwellings, houses,hotels, motels,trailers, mobile homes and other similar structures where humans live, and rain shelters, bathrooms, clubhouses,bleachers, tool sheds, storage sheds, cart charging sheds, snack bars, and drink bars where humans would gather. GRANTOR may continue using existing golf course related improvements, and may erect new golf related improvements as long as such improvements fall into one of the following categories: golf holes,pathways, golf ball cleaners, greens, and systems to maintain such improvements such as irrigation systems. GOVERNMENT shall have the right to enter upon the aforedescribed Property to alter or remove all structures, dwellings or buildings constructed after the date this instrument is signed by both the Grantor and Grantee. The cost of altering or removing any structure, dwelling or building erected, constructed, or installed after the date of this instrument, and all consequential damages relating thereto shall be borne by the GRANTOR. 2 GPIN: 2425-09-5570 2. No more than twelve (12)persons may assemble for any purpose on the Property at any time. 3. In addition to the restrictions noted above, there shall be no generation or propagation o f radio frequency transmissions originating within the property from equipment designed for the purpose of transmitting radio frequency energy. Examples of this type of equipment include,but are not limited to,the following: amateur radio transmitters, citizen band transceivers,microwave transmitters and radar transmitters. Furthermore, there shall be no propagation of radio frequency radiation from equipment generating radio frequency energy for other than broadcast use. Examples of this type of equipment include, but are not limited to, the following: diathermy machines, X-ray equipment,and microwave ovens. This restriction does not apply to (1)the use of equipment which emits minor amounts of radio frequency radiation which attenuates to an undetectable level within a few feet of the equipment, including, without limitation, (examples of this type of equipment includes fluorescent, sodium vapor and mercury vapor lighting, internal combustion engines and electric motors); (2) the existing radio controlled irrigation system servicing the existing golf course, and replacement systems, so long as they emit no greater frequency than the current system; or(3)transient equipment such as golf balls with chip tracking, and personal cell phones. 4. In addition to the rights noted above, Grantee shall be granted a perpetual easement of ingress and egress on, over, across and through the aforedescribed Property for the purpose of exercising the rights set forth herein. This easement is subject, however, to existing easements for public and private roads and highways, public utilities, railroads and pipelines and all encumbrances of record. The GRANTOR covenants with the GOVERNMENT that it is seized of said Property in fee simple; that GRANTOR has the right to convey, and voluntarily conveys for the agreed upon price,this Easement with the additional authority for the GOVERNMENT to control and restrict the use and development of the Property as provided in this Easement; and the GRANTOR grants this easement with SPECIAL WARRANTY. 3 GPIN: 2425-09-5570 IN WITNESS WHEREOF,the GRANTOR has caused this GRANT OF EASEMENT to be executed as of the day and year first written. UNITED STATES OF AMERICA DEPARTMENT OF THE NAVY By: AMANDA R. M. PACK Real Estate Contracting Officer By direction,Naval Facilities Engineering Command, Mid-Atlantic 9742 Maryland Avenue Norfolk, Virginia 23511-2699 State of Virginia ) City of ) I, , a Notary Public for the State at Large, hereby certify that Amanda R. M. Pack, whose name as such is signed to the foregoing Easement has this day acknowledged the same before me in the City and State aforesaid. Given under my hand this day of , 2021. Notary Public My Commission expires: Registration number: 4 GPIN: 2425-09-5570 APPROVED AS TO CONTENT CITY OF VIRGINIA BEACH By: Parks& Recreation Department City Manager or Authorized Designee Attest: APPROVED AS TO CONTENT By: City Clerk Public Works/Real Estate Department APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office State of Virginia ) City of ) 1, _ _ _, a Notary Public for the State at Large, hereby certify that _ . whose name as such is signed to the foregoing Easement has this day acknowledged the same before me in the City and State aforesaid. Given under my hand this day of ,2021. Notary Public My Commission expires: Registration number: 5 GPIN: 2425-09-5570 [ ,...--- QsaµU°E^c' g� t.j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Extending the Deadline for the Recommendations of the Citizens Review Panel Task Force MEETING DATE: June 1, 2021 • Background: The City Council on April 20, 2021, adopted a resolution that created the Citizens Review Panel Task Force. That resolution provides that the task force shall provide its recommendations to the City Council no later than June 1, 2021, but additional time is needed for the task force to study the issues and develop recommendations. • Considerations: This resolution extends the deadline and requires that the task force provide the City Council with its recommendations by June 30, 2021. • Public Information: Normal Council agenda process. • Attachments: Resolution Requested by Councilmember Wooten REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION EXTENDING THE DEADLINE FOR 2 THE RECOMMENDATIONS OF THE CITIZENS 3 REVIEW PANEL TASK FORCE 4 5 WHEREAS, the City Council on April 20, 2021, adopted a resolution that created 6 the Citizens Review Panel Task Force; and 7 8 WHEREAS, that resolution provides that the task force shall provide its 9 recommendations to the City Council no later than June 1, 2021, but additional time is 10 needed for the task force to study the issues and develop recommendations; 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That the task force shall report back to the City Council with its recommendations 16 by June 30, 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15455 R-1 May 18, 2021 �Nui 15 i,, s, C y :J �ii`4� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Provide Terms for the Members of the Urban Agriculture Advisory Committee MEETING DATE: June 1, 2021 • Background: Last month, the City Council approved a resolution to create the Urban Agriculture Advisory Committee, but that resolution did not provide for the terms of appointment for members of the committee. • Considerations: This resolution provides that the members of the Urban Agriculture Advisory Committee shall be appointed to four-year terms, provided, however, that in order to stagger term expirations, three of the initial appointees shall be appointed to initial two-year terms, and three of the initial appointees shall be appointed to initial three-year terms. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution Requested by Councilmembers Abbott and Berlucchi REQUESTED BY COUNCILMEMBERS ABBOTT AND BERLUCCHI 1 A RESOLUTION TO PROVIDE TERMS FOR 2 THE MEMBERS OF THE URBAN 3 AGRICULTURE ADVISORY COMMITTEE 4 5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 The members of the Urban Agriculture Advisory Committee shall be appointed to 9 four-year terms, provided, however, that in order to stagger term expirations, three of the 10 initial appointees shall be appointed to initial two-year terms, and three of the initial 11 appointees shall be appointed to initial three-year terms. 12 13 Adopted by the City Council of the City of Virginia Beach, Virginia on the 14 day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: 42S1(; ___ City Attorney's Office CA15459 R-2 May 26, 2021 7-1 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: A Resolution to Grant Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 1.2021 • Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. New permits are valid until June 30 of the following calendar year. After the initial year, such permits must be renewed by City Council biannually. ■ Considerations: The following renewal applications have been received and evaluated by the Department of Emergency Medical Services (EMS)for the operation of basic and advanced life support agencies, and EMS recommends renewal of each of them: Fast Track EMS, LLC; MB Solutions, LLC; and Shore Transport Services, Inc. No new applications were received by EMS this year. r Public Information: Public information will be handled through the normal Council agenda process. • Attachments; Resolution and Disclosure Statement Forms Recommended Action: Adoption Submitting Department/Agency: Department of Emergency Medical Services/44 City Manager: fik/12 1 A RESOLUTION TO GRANT PERMITS ALLOWING CERTAIN 2 EMERGENCY MEDICAL SERVICES AGENCIES TO 3 OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2,any organization that operates an 6 emergency medical services agency or any emergency medical services vehicle within the 7 City must first obtain a permit from City Council, and such permits must be renewed on a 8 biannual basis; and 9 10 WHEREAS,applications for permit renewals have been received from the following 11 agencies: Fast Track EMS, LLC; MB Solutions, LLC;and Shore Transport Services, Inc.; 12 and 13 14 WHEREAS, the above-listed private ambulance agencies perform services not 15 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 16 transports,which include both basic and advance life support calls. 17 18 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 19 VIRGINIA BEACH; 20 21 1. That the City Council hereby grants renewed permits to the following agencies: 22 Fast Track EMS, LLC; MB Solutions, LLC; and Shore Transport Services, Inc. 23 24 2. That these permits shall be effective from July 1, 2021 to June 30, 2023. Adopted by the City Council of the City of Virginia Beach,Virginia,on this day of , 2021. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: r(6c2e‘) Emergency Medical Services City Attorney s Office CA15446 R-1 May 10,2021 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization Fast Track EMS LLC name: Indicate if you receive any of the following services, and if so. from whom: YE N PROVIDER (use additional S 0 SERVICE sheets if needed) Accounting and/or preparation Brown Edwards of tax returns Financial Services (include BB&T, Radius Bank,Navy Federal bank institutions, lending institutions, and current mortgage holders as applicable) x Legal Services Page,Wolfberg, and Wirth CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X 9 APPLICANT'S SIGNATURE James H Stafford 5/5/21 PRINT NAME DATE ...r .i{.rY.;ire:-El%•fh:->411' 1.-::4F1F.JI WL_t `1,L...st.+!•JEk-%.RELI ICU.14.,;...E•7EN1, plb;:• 1, °rl•".N.cc d ]l[).+:r.:..ats:l►AEF..a.-r•.•'_.i 011.41_vi..RRt..'.-t4. ..•,r.1ER b'.ARA.ErtCN\aL lied;.11 ir.%.41,u. DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: MB Solutions, LLC Indicate if you receive any of the following services, and if so, from whom: [ YES ' [ NO J SERVICE__ 1 PROVIDER (use additional sheets if t needed) Accounting and/or preparation of Waiter McDaniel tax returns Financial Services (include bank institutions, lending institutions, Wells Fargo and current mortgage holders as applicable) x Legal Services Selective Insurance CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council a pon this Application. :APPLUCAr f IGNATURE Jo. - Carvalho 04/09/2021 0 PRINT NAME DATE DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Shore Transport Services Inc. indicate if you receive any of the following services, and if so, from whom: YES J NO 1 SERVICE PROVIDER(use additional sheets if needed) 1 X Accounting and/or preparation of Robert Young CPA tax returns Financial Services (include bank X institutions, lending institutions, Atlantic Onion Bank and current mortgage holders as Onley, Va. applicable) Legal Services CERTIFICATION: I certify that ail of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X /I42t& a APP CANTS SIGNATURE FreCtt.n'CIL ►iGa iftcl5 klasiai PRINT NAME DATE l+agor,Wrn dbVARer.ne061EY51QE AdmInabi:MMi-SVC-P -AREn1QIPRTR-AGREEMENT-KWAGEM6173uPP6erdealA`D KthCrSkrta-digdcsureiatrmartdea \N.Agov Com4crillDeparnertYtEMS13.6 urrergDONCTI't-sr-pRCXESS-AUAISUP PLIElt-AGaEEMEVT-MANAGE+ExnsuPoNenbreurre rterf•trnAwns-d3dosurrsmte -Alm*the c r iz) t iF , s ,,\........,....e ‘ ,.=,,,::,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $197,811 for Security Costs at the Crisis Intervention Team Assessment Center MEETING DATE: June 1 , 2021 • Background: The Virginia Department of Behavioral Health and Developmental Services provides funding for the Virginia Beach Department of Human Services to cover the cost of security (police overtime) at the Crisis Intervention Team (CIT) Assessment Center. This funding was provided to the City as a large one-time amount of funds in FY 2018-19 ($294,657) and a commitment for a smaller, recurring amount from the Commonwealth ($197,811) in subsequent years. Due to fiscal year timing, the recurring amount was not able to be included in the City's adopted FY 2019-20 Operating Budget, but this funding was included in the adopted FY 2020-21 Operating Budget. Accordingly, there remains an amount of $197,811 to be accepted and appropriated from the Commonwealth. • Considerations: The funding from the Commonwealth for security at the CIT Assessment Center is in the nature of a grant, so these funds can be accepted and appropriated notwithstanding the specific funds being made available to the City in a prior fiscal year. Once appropriated, the Department of Human Services will use these funds to meet future security costs. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $197,811 FOR SECURITY COSTS AT THE CRISIS 3 INTERVENTION TEAM ASSESSMENT CENTER 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $197,811 is hereby accepted from the Virginia Department of Behavioral Health 9 and Developmental Services and appropriated, with state revenue increased accordingly, 10 to the Grants Consolidated Fund of the FY 2020-21 Operating Budget for the Department 11 of Human Services to pay security costs at the Crisis Intervention Team Assessment 12 Center. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. I/ -ak4it:411 Budget and Management Services i ey's Office CA15454 R-1 May 20, 2021 ,sue'�N'�,-11+�1 Hl ( ,. t a. _ v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for the Mobilization of Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: June 1, 2021 • Background: Virginia Task Force 2 Urban Search and Rescue Team received activation orders to assist with the 59th Presidential Inauguration response activities in Herndon, VA. An 11-person Incident Support Team was sent to respond to the event. • Considerations: Upon activation FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Virginia Beach Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with previous deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement has been authorized for $126,595.48, the total cost incurred for responding to these events. In addition, the department will receive $3,531.91 in revenue for the cost of preparing these claims. Total reimbursement foi this deployment is $130,127.39. • Public Information: Normal council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:( 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR THE MOBILIZATION OF VIRGINIA TASK 3 FORCE 2 URBAN SEARCH AND RESCUE TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 1 8 $130,127.39 is hereby accepted from the U.S. Department of Homeland Security 9 Federal Emergency Management Agency and appropriated, with federal revenue 10 increased accordingly, to the FY 2020-21 Operating Budget of the Fire Department for 11 the reimbursement of costs related to the deployment of members of the Virginia Task 12 Force 2 Urban Search and Rescue Team sponsored by the City of Virginia Beach. 1 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _C44"--ctkittit(Ps _ _ Budget& Management Services ey's Office CA15452 R-1 May 20, 2021 J. PLANNING 1. ANATOLY&JOY ANN DRITSCHILO for a Street Closure re 7.5 foot by 50-foot portion of an unimproved alley adjacent to the rear of 737 Vanderbilt Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. GERARD JANDOC for a Conditional Use Permit re short term rental at 4503 Guam Street DISTRICT 4—BAYSIDE RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 3. KIM DAVENPORT for a Conditional Use Permit re short term rental at 8809 Atlantic Avenue Units A& B DISTRICT 5 —LYNNHAVEN RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 4. MARK A. MOORE for a Conditional Use Permit re short term rental at 2229 Maple Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 5. KERRY BURNHAM for a Conditional Use Permit re short term rental at 400 Norfolk Avenue,Unit B DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. HALF MOON EXT, LLC/ JAMES GOLDSTEIN for a Conditional Use Permit re short term rental at 305 16th Street, Unit A DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. VICTORIA MASON/ DOMINIC MASON for a Conditional Use Permit re short term rental at 304 28th Street, Unit 207 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. COLIN TOMLINSON/JASON WALKER for Conditional Use Permit re short term rental at 304 28th Street, Unit 111 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. TENIKA CREW for a Conditional Use Permit re short term rental at 3236 Winterberry Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL g,4lA . .• a s ,,,,, 3 z<,,,„:' ,;,. NOTICE OF PUBLIC HEARING In accordance with Virginia Code§2.2-3708.2,Virginia Code§15.2-1413 and the City's Continuity of Government Ordinance adopted on March 2, 2021, and Chapter 1289 of the 2020 Acts of Assembly as amended,a Public Hearing of the Virginia Beach City Council will be held on Tuesday,June 1,2021 at 6:00 p.m.in Suite 5 of the Virginia Beach Convention Center.Due to physical distancing and safety precautions related to the pandemic,limited public seating will be available in Suite 5,with overflow seating in Suite 4.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Convention Center or virtually via WebEx by completing the two-step process below. Citizens signed up to speak in-person who cannot be seated in Suite 5 will wait in Suite 4 of the Convention Center until called into the meeting room to speak. In-person speakers will be required to follow physical distancing and safety protocols,including wearing a mask while in the Convention Center.Citizens requiring accommodations to these requirements are encouraged to participate through electronic means or to contact the City Clerk's Office at 757- 385-4303 to discuss accommodations. All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbeov.webex com/vbpov/onstage/g oho'MTID=e0984c1 Of16574 79465e931618706162r 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on June 1,2021. The following requests are scheduled to be heard: Anatoly&Joy Ann Dritschilo(Applicants&Property Owners)Street Closure Address: 7.5-foot by 50-foot portion of an unimproved alley adjacent to 737 Vanderbilt Avenue GPIN(s):Adjacent to 2426385081 Council District Beach Gerard Jandoc(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:4503 Guam Street GPIN(s):15706181504503 Council District Bayside Kim Davenport(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:8809 Atlantic Avenue Units A&B GPIN: 2510512836 Council District Lynnhaven Mark A.Moore(Applicant&Property Owner)Conditional Use Permit(Short Term Rental) Address: 2229 Maple Street GPIN(s): 1590502214 Council District Lynnhaven Kerry Burnham(Applicant&Property Owner)Conditional Use Permit(Short Term Rental)Address:400 Norfolk Avenue Unit B GPIN(s):24271452670002 Council District Beach Half Moon Ext,LLC(Applicant)James Goldstein(Property Owner)Conditional Use Permit(Short Term Rental)Address:305 16th Street Unit A GPIN(s):2427164786 Council District Beach Victoria Mason(Applicant)Dominic Mason(PropertyOwner)Conditional Use Permit (Short Term Rental) Address: 304 28th Street Unit 207 GPIN(s): 24280028662007 Council District Beach Colin Tomlinson(Applicant)Jason Walker(Property Owner)Conditional Use Permit (Short Term Rental) Address: 304 28th Street Unit 111 GPIN(s): 24280028661011 Council District Beach Tenika Crew(Applicant& Property Owner)Conditional Use Permit(Short Term Rental)Address:3236 Winterberry Lane GPIN(s):1495104055 Council District Princess Anne Copies of the proposed plans,ordinances,amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at www.vbgov.com/pc. For information call 757-385-4621. Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303.If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Due to the ongoing Covid-19 Pandemic, please check our website at www.vbgov.com/government/departments/city-clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-MAY 16&23,2021-1 TIME EACH r 50111, zli. ,ii-0,.-c,, �! s LL C) - , 9C-e , 1\' . \a N r °I 3 0 �, - _tiC p;�enU . 11 s ptlanaogi. ‘\21 nt�C pn dve 7 'o N ptla Q, . 10, 01. I ' ' A -Ics Sk ,,, -- , " , _,____ 0 1 At W >, ' • Pirra 0 , * g ,I3 . 1Th1 \ II1 1 >Ili 1\3 "--- ' Q,, \\ _- au _ acu U VD _ r a) biltnti c - andl �� venue d 10 �• _ ,� 0 cm t • '�tp � 7 �_ = o�� rb� \-6-\ _ nde �� Q � ra = c 15 va • � i 71 OU • 1D 0 %CEA II �; _ Any,::;\ 0 1 Z ~ 1 p pavev o, 0\ 2 ,, v 0 '' �, o _ i %' . = o �/n e Q 2 ca I,17 ►, ,ae pve u , e surfs .-�--1% ! ��`' _ enu ' o �� vs. de pv. ." $ �� OC I an 0\-3 - / ,� NO li ___ .��, „/„.• —s- ci) >, r , 1 02 m .,› cu 0 _o a. 0 111. ce „ , [II l 0 0 1 CL 1 "5 _I' r��Ct Cl) N CO a.', 0 0 S r '� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Anatoly and Joy Ann Dritschilo for the Closure of One-half of an Unimproved Unnamed Alley Adjacent to the Rear of 737 Vanderbilt Avenue MEETING DATE: June 1, 2021 • Background: Anatoly and Joy Ann Dritschilo (the "Applicants") requested the closure of approximately 375 square feet of an unimproved, unnamed alley (the "Right-of- Way"), adjacent to the rear of their property located at 737 Vanderbilt Avenue (GPIN: 2426-38-5081), for the purpose of incorporating the closed area into their adjoining property. • Considerations: This street closure request is consistent with City Council's policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. Other street closure requests similar to this request have been approved within the same block, including the one-half of the 15-foot wide alley adjacent to this request. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There is no known opposition to the request. • Recommendation: On April 14, 2021, the Planning Commission passed a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council, with the following conditions, except Condition 1 has been modified to include the specific purchase price: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. Anatoly & Joy Ann Dritschilo Page 2 of 2 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above-stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of-Way this approval shall be considered null and void. ■ Attachments: Ordinance (w/ Exhibit A) Staff Report & Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department—f27 City Manager: 1 ORDINANCE APPROVING APPLICATION OF 2 ANATOLY AND JOY ANN DRITSCHILO FOR 3 THE CLOSURE OF ONE-HALF OF AN 4 UNIMPROVED, UNNAMED ALLEY ADJACENT 5 TO THE REAR OF 737 VANDERBILT AVENUE 6 IN CROATAN 7 8 WHEREAS, Anatoly and Joy Ann Dritschilo Michael L. and Felicia Juliano (the 9 "Applicants") applied to the Council of the City of Virginia Beach, Virginia, to have the 10 hereinafter described portion of an unimproved, unnamed right-of-way discontinued, 11 closed, and vacated; and 12 13 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before one (1) year from City Council's adoption of this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 23 Way") be discontinued, closed and vacated, subject to certain conditions being met on 24 or before one (1) year from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA OF PROPOSED STREET CLOSURE 29 (375 SQ. FT. OR 0.009 ACRES)" and shown as the hatched 30 area on that certain street closure exhibit entitled: "STREET 31 CLOSURE EXHIBIT OF THE EASTERN 7.5 FEET OF 15' 32 ALLEY (A PUBLIC R/W) LOT 11; BLOCK 16 CROATAN 33 BEACH (M.B. 24, PG. 37) VIRGINIA BEACH, VIRGINIA", 34 Scale: 1" = 20', dated January 15, 2021, prepared by WPL, 35 a copy of which is attached hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 1 . The City Attorney's Office will make the final determination regarding 43 ownership of the underlying fee. The purchase price to be paid to the City shall be 44 determined according to the "Policy Regarding Purchase of City's Interest in Streets 45 46 No GPIN Assigned (City Right-of-Way) 47 Adjacent GPIN: 2426-38-5081 48 Pursuant to Street Closures", approved by City Council. It has been determined that the 49 purchase price to be paid to the City shall be $3,000, which is consistent with similar 50 street closures in this area. 51 52 2. The Applicants, shall resubdivide the property and vacate the internal lot 53 lines to incorporate the Right-of-Way into the adjoining lot. The resubdivision plat must 54 be submitted and approved for recordation prior to the final street closure approval. 55 Said plat shall include the dedication of a public drainage easement over the Right-of- 56 Way to the City of Virginia Beach, subject to the approval of the Department of Public 57 Works, and the City Attorney's Office, which easement shall include a right of 58 reasonable ingress and egress. 59 60 3. The Applicants, shall verify that no private utilities exist within the Right-of- 61 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 62 company must be provided. 63 64 4. Closure of the Right-of-Way shall be contingent upon compliance with the 65 above-stated conditions within 365 days of approval by City Council. If the conditions 66 noted above are not accomplished and the final plat is not approved for recordation 67 within one (1) year of City Council approval, said approval shall be considered null and 68 void. 69 70 SECTION III 71 72 1. If the preceding conditions are not fulfilled on or before May 31, 2022, this 73 Ordinance will be deemed null and void without further action by the City Council. 74 75 2. If all conditions are met on or before May 31, 2022, the date of final 76 closure is the date the street closure ordinance is recorded by the City Attorney. 77 78 3. In the event the City of Virginia Beach has any interest in the underlying 79 fee, the City Manager or his designee is authorized to execute whatever documents, if 80 any, that may be requested to convey such interest, provided said documents are 81 approved by the City Attorney's Office. 82 83 SECTION IV 84 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 86 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 87 VIRGINIA BEACH (as "Grantor") and ANATOLY DRITSCHILO and JOY ANN 88 DRITSCHILO (collectively, as "Grantee"). 89 90 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 91 of . 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: uto vtitkviiv Planning Dep rtment City Attorney CA15213 \\vbgov.com\dfs I\applications\citylaw\cycom32\wpdocs\d017\p037\00727378.doc R-1 May 19, 2021 MeR0 f.�B SpU LOT 1 A LOT 2 Z¢ PG 3j (I.N. 20080124000088580) (M.B. 24, PG. 37) J GPIN: 2426-37-4978 GPIN: 2426-38-4062 7.5' PUBLIC DRAIANGE EASEMENT AREA OF PROPOSED (I.N. 20080124000088580) STREET CLOSURE (375 SQ. FT OR N 04'14'15" W 50' 15' ALLEY 0.009 ACRES) icy LN (M.B. 24, PG. 37) N L11 N 04'14'15" W 50' Z W BLOCK �' 16 ,L' ) l Q N LOT 11 O LOT 12 Z cii GPIN: 2426-38-5081 (M.B. 24, PG. 37) Q GPIN: 2426-38-5075 CC Ct Q 11, o 0 l W Lc) h NOTES: .7;1- 1. THIS EXHIBIT IS INTENDED 10 TO SHOW THE AREA OF v) PROPOSED RIGHT—OF—WAY 03 00 CLOSURE AND INDEPENDENT (1) OF THE ASSOCIATED RECORD DOCUMENT(S) AND 'L'I'H OF IS�t OTH ER THANNGENERAL ANY L t, 'eP REFERENCE. 2. A TITLE REPORT HAS NOT RAC ARNER 50 BEEN PROVIDED FOR THIS • Lic. . 2904 ' PROPERTY. e 01/15/2021 S 04'14'15" E '14,. '`k5) (50' R/W) S URN1 VA NDERB/L T (FORMERLY PACIFIC AVENUE) AVE (M.B. 24, PG. 37) STREET CLOSURE EXHIBIT OF _—= THE EASTERN 7.5 FEET OF 15' ALLEY (A PUBLIC R/W) LOT 11; BLOCK 16 CROATAN BEACH Land neca,ro (M.B. 24, PG. 37) cape Arch Lane sing VIRGINIA BEACH, VIRGINIA Cr Engineering SHEET 1 OF 1 wplaitcom 757.431.1041 2k1 11.613.&iWl AE 8 MN Mt*23452 SCALE: 1"=20' JANUARY 15, 2021 CAD/chk: BKM/eag CITY OF VIRGINIA BEACH, VA I F.B. 1063 PG. 15 I PLAT: C-84 I IN:220-0317 Applicants& Property Owners Anatoly & Joy Ann Dritschilo Agenda Item Planning Commission Public Hearing April 14, 2021 City Council Election District Beach 5 City of Virginia Beach Request Street Closure Staff Recommendation Approval D T. Staff Planner Cro,xan Road = Marchelle Coleman a00" a O R 1 t Location ` 7.5-foot by 50-foot portion of an unimproved • 2 Ty alley adjacent to 737 Vanderbilt Avenue Adjacent GPIN i i t 2426385081 Site Size 375 square feet AICUZ se�� two 65-70 dB DNL ""`9•"a" Watershed Atlantic Ocean Existing Land Use and Zoning District -- ir' : ' Single-family dwelling/R-10 Residential r +' Surrounding Land Uses and Zoning Districts t 1 North a Single-family dwelling, unimproved alley /R-10 r n -tom ``, 3 ie - -` 1> i Residential _ . -, : South ,c* M.qand Avenue w Maryland Avenue '` . Single-family dwelling, unimproved alley/R-10 - - ,,,c°"" o+ " ; v° Residential ,, ► N a East _ = Single-family dwelling /R-10 Residential Westifill`'.- • Single-family dwelling/R-10 Residential t1 ,,. t .Y .�m.:,, a .- -;''~ Anatoly&Joy Ann Dritschilo Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant is requesting to close a portion of the platted, unnamed, and unimproved alley that is adjacent to the rear lot line. As shown on the submitted street closure exhibit,the proposal includes closure of half of the 15-foot wide alley,totaling 375 square feet, and incorporating that land into their adjacent residential lot, identified as Lot 11, Block 16, Croatan Beach. • The site is developed consistent with other residential lots in the Croatan neighborhood with a single-family home and a fenced in back yard. Currently,the area proposed to be closed is fenced in and has been used and maintained by the applicant. Zoning History # Request Awa\ `'" { \ �^` 1 STC(Portion of 15-foot wide alley)Approved 101 05/22/2007 2 STC(Portion of 15-foot wide alley)Approved 05/27/2008 3 STC(Portion of 15-foot wide alley)Approved 11/25/2008 4 STC(Portion of 15-foot wide alley)Approved 05/22/2012 Ma'y"�p�^ue 5 STC(Portion of 15-foot wide alley)Approved G�aa 02/22/2011 8 _ 6 STC(Portion of 15-foot wide alley)Approved ` t 2, a 4 10/26/2004 (`, ". `.. (� 7 STC(Portion of 15-foot wide alley)Approved Pp ^p l 02/27/2007 ;vY '4 8 STC(Portion of 15-foot wide alley)Approved 02/16/2021 9 STC(Portion of 15-foot wide alley)Approved 03/01/2016 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation As required by City Code, a Viewers' Meeting was held on February 16, 2021, that included City Staff from the Departments of Public Works, Public Utilities, Planning& Community Development, and the Office of the City Attorney, to consider this request.The Viewers determined that the proposed closure will not result in any public inconvenience; therefore, closure of this portion of the right-of-way is deemed acceptable. As evident on the Zoning History Map above, many similar requests have been reviewed and approved by City Council for closure of alleys within the Croatan neighborhood. On May 22, 2007, City Council approved the closure of the other half of the 15-foot wide alley adjacent to this parcel. Consistent with that approval, Condition 2 is recommended below whereby the City of Virginia Beach will retain a public drainage easement over the closed portion of the alley. Based on the consideration above, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Anatoly&Joy Ann Dritschilo Agenda Item 5 Page 2 Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach,subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings, improved mobility,environmental responsibility, livability, and effective buffering with respect to type,size, intensity and relationship to surrounding uses. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There does not appear to be significant natural or cultural resources associated with the site. Anatoly&Joy Ann Dritschilo Agenda Item 5 Page 3 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021 and April 4, 2021. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 29, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 8, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, May 16, 2021 and May 23, 2021. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 17, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 28, 2021. Anatoly&Joy Ann Dritschilo Agenda Item 5 Page 4 Street Closure Exhibit a>, 4N SOURCE LOT 1 A I LOT 2 �2 • p� `�j) ( GPIN: 20080124000088580)-37- 978 I GPIN: . 24, PG. 37) 2426 38-4062 7.5' PUBLIC DRAIANGE EASEMENT AREA OF PROPOSED - (I.N. 20080124000088580) STREET CLOSURE (375 SO. FT. OR h, N 04'14'15- W 50' 15' ALLEY 0.009 ACRES) r,., .�, w w:��:�., w 4.1 (M.B. 24, PC. 37) NI W N 04'14'15" W 50' ', W -1- BLOCK (.' 16 Q h h p N A L O T 11 ^o LOT 12 Z m GPIN: 2426-38-5081 (M.B. 24, PG. 37) e GPIN: 2426-38-5075 CC Q o g 44 iki �, NOTES: 0) :t 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY co Q CLOSURE AND INDEPENDENT tI Z OF THE ASSOCIATED RECORD DOCUMENT(S) AND `LTH 0 , IS NOT OTHER THANN INTENDED GENERAL ANY ,- rrQGI REFERENCE. 2. A TITLE REPORT HAS NOT • RIC . ARNER.- BEEN PROVIDED FOR THIS Lic. . 2904 50' PROPERTY. 1, 01/75/2021 4k, S 04'14'15" E I�� SUBNI VANDERBIL T(FORMERLY PACIFIC AVENUE) AVE (M.B. 24, PG. 37) - STREET CLOSURE EXHIBIT OF A- 7.5 — — = 15' ALLEY (A PUBLIC FEET THE EASTERN R/W)OF _ = LOT 11; BLOCK 16 CROATAN BEACH (M.B. 24, PG. 37) Lattronw" " VIRGINIA BEACH, VIRGINIA Fign.earnglawinC 757.431.1041 SHEET 1 OF 1 MX 1111.sw!IOU VA'A 13451 SCALE: 1"=20' JANUARY 15, 2021 CAD/ohk BEM/eag 'CITY OF VIRGINIA BEACH, VA I F.H.1083 PG.15 I PLAT:C-84 I JN:220-0317 Anatoly &Joy Ann Dritschilo Agenda Item 5 Page 5 Site Photos .4 114' ., ,1•..i..°14 g '...:1-'- '-';•:. -,-14 - N voi -"yr'':... :;•"?'-'4 -*--..„2,%• -: /. NIK "--i 1el .4.'..70- --.40111t „,,,. %.,--.6.! rialli* ' _ - ,ei ' '''' '"',- 4 1- , 410,....... . _ -At •-.:_ .44'."- ,..cp4 -'3,-, I ..t,,, - - . ." 194. ....,,, , ..-.*-•,.... -- - ..t.., - ',',-)",-...,-A.,..., .. • - - . - •-• . „., ... ,....1,,, ..., r ......,. iNc,-- .-- ,_ ,..4.- ' r, , ,,, ' '• • ' •.ii".- ...6. 11 . 1 1 f 'I # • . - _ - ,,..., p i -...... ' -- . . . ..., ' Ilajai• 'IA..' - ''‘-'-iktilllit or err. Nk .. 40,1C,,>-1. ..„00, --,,,. . . .• i. - AIM / f'Skt -• In ------- ---- WW1' ••S'' - = L:-=---__Tii-=:::: --=_.. i `•L _ . "C.f . '-01; .in•-"4 ' ..-, - ' " .• - . •••••• • 1411- ... . .. It , . ,-.4FA - • *7.---;--. -' 17.-) ."..-t- ,._ , ... ....' - . Anatoly&Joy Ann Dritschilo Agenda Item 5 Page 6 Site Photos _ 1 j�,�.yP. .yY?k `mit., - -•i r ..i b 4 __� - 7., tj .. ri + E * .0 ' - ~ t. YZ. - tk+ 'y l_1 11111 z Y= ,,1 , i + YQ ,'t ram. .14 �- AFC<' ,: Anatoly &Joy Ann Dritschilo Agenda Item 5 Page 7 Disclosure Statement Disclosure Statement tvvofr. -, Planning&Community Development ' _ ~` i The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Anatoly Dritschilo&Joy Ann Dritschilo Does the applicant have a representative? ii Yes ❑ No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.0 Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? :_]Yes a No • II yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary or affiliated business entity relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va Code 4 2.2 3101. 1I Anatoly&Joy Ann Dritschilo Agenda Item 5 Page 8 Disclosure Statement Disclosure Statement (By rf t:rylni.Rex* Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?D Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operatng or to be operatec 01 the property? D Yes ■ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? O Yes No • If yes,identify the company and individual providing the service 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?D Yes No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner a,ovided in connection with the subject of the application or any business operating or to be operated on the property?D Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes II No • If yes,identify the purchaser and purchaser's service providers. 2I Anatoly&Joy Ann Dritschilo Agenda Item 5 Page 9 Disclosure Statement Disclosure Statement City M I'm,.Baal Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I® No • if yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?III Yes 0 NO • If yes,identify the firm and-ndividual providing the service Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?U Yes 0 No • If yes,identify the firm and indivio oai providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes.Bourdon,Ahern&levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete.true.and accurate I under stand that upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Anatoly Dritschilo Joy Ann Dritschilo Print Name and Title l/i ri/,2-t'Lr 141re•Lc..2 Date Is the applicant also the owner of the subject property? U Yes 0 No • If yes,you to not need to fill out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® Nu changes as of Date 5/1 3/2021 siE^atu+r �s ^, Print Na m` Marchelle L.Coleman 3l Anatoly&Joy Ann Dritschilo Agenda Item 5 Page 10 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Anatoly &Joy Ann Dritschilo Agenda Item 5 Page 11 Item 5 Anatoly & Joy Ann Dritschilo [Applicant & Property Owners] Street Closure 7.5-foot by 50-foot portion of an unimproved alley adjacent to 737 Vanderbilt Avenue April 14, 2021 RECOMMENDED FOR APPROVAL — CONSENT Mr. Wall: Okay, thank you. Is there any opposition for this item to be placed on the Consent Agenda? Hearing none, we're going to move to the next item on the agenda. Next item is Agenda Number 5. Application number 5 for a street closure, Anatoly and Joy Ann Dritschilo. Is there a representative for this item? Mr. Bourdon: Thank you Vice-Chair Wall, Chairman Weiner, members the Commission. For the record Eddie Bourdon, Virginia Beach attorney representing the Dritschilos. The four conditions are acceptable to my client. We appreciate very much being on the Consent Agenda. Thank you. Mr. Wall: Okay, thank you. Is there any opposition for this item to be on the Consent Agenda? Hearing none, the Planning Commission has asked Ms. Oliver to read this item into the record. Ms. Oliver: Thank you, Mr. Wall. This is pretty simple. This applicant is requesting to close a portion of the platted, unnamed and unimproved alley that is adjacent to the rear lot line. This site is developed and consistent with the other residential lots in the Croatan neighborhood with a single-family home and a fenced in backyard. Currently, the area proposed to be closed is fenced off and will be used and maintained by the applicant. As required by the City Code, a viewers meeting was held on February 16th, 2021 that included the Staff from the Departments of Public Works, Public Utilities, Planning and Community Development and the Office of the City Attorney. The viewers determined that the proposed closure will not result in any public inconvenience and therefore closure of this portion of the right of way is deemed acceptable. Condition two is recommended below whereby the City of Virginia Beach will retain a public drainage easement over the closed portion of the alley, and based on the considerations above the staff was recommending approval for the proposed street closure subject to the conditions listed and therefore we've placed it on the Consent Agenda. Mr. Wall: Okay, thank you. Alright, the Planning Commission also places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. The Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include Consent Agenda Items Number 23, 26 and 28. So yep, that was the last item on the Consent Agenda. Okay. So, with that being said, I move for approval of agenda items 2, 3, 4, 5, 9, 10, 11, 12, 14, 16, 17, 18 and on the Short-Term Rental, Consent Agenda 23, 26 and 28. 1 Mr. Weiner: We have a motion by Mr. Wall, do we have a second? Ms. Klein: I second. Mr. Weiner: Seconded by Mrs. Klein. And I think we have a couple of abstentions here. Mr. Graham: Thank you Chairman. Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion and vote on Agenda Item 15, Derek and Nicole Howard, on Agenda Item 17, Oceanfront Investors and Agenda Item 18 Festival, LLC. The applicants have financing through Towne Bank at 297 Constitution Drive Virginia Beach, Virginia 23462 and I am on a committee at Towne Bank. However, I am not involved in any decisions made at the bank nor do I have a direct financial interest in the bank. As such, I have made this disclosure and believe that I can participate in these transactions fairly, objectively and in the public interest and will participate and vote on these items. Please record this declaration in the official records of the Planning Commission. And then I have another item here. I am making this disclosure regarding the discussion and vote on the application of Short- Term Rentals. These are Agenda Items 19 through 28. I am abstaining because I believe until City Council has heard Planning Commission's recommendation regarding Short Term Rentals in the Old Beach area, as well as Planning Commission's recommendation regarding Short Term Rentals from the March 2021 public hearing, we should not hear another Short-Term Rental. I believe this is necessary to provide guidance to the Planning Commission so that we are able to be consistent. I do not have a conflict requiring me to abstain. A written disclosure of this will be provided tomorrow for inclusion in the Planning Commission's formal record. I am a Planning Commission member for the Lynnhaven district. Mr. Weiner: Thank you, anybody else? Mr. Inman? Mr. Inman: Yes, likewise, with regard to the conflicts of interest act, I also am a member of the Virginia Beach Advisory Board of Towne Bank and I make the following declaration with regard to Item 15, Derek and Nicole Howard, Item 17, Oceanfront Investments, Number 18, Festival, LLC and I've made this disclosure and believe I can participate in this application and decision making fairly and objectively and in the public interest, and I will participate and vote on those items. Mr. Weiner: Thank you. Ms. Oliver? Ms. Oliver: Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration; I've chosen to abstain from discussing and voting on Item Number 18, The Festival, LLC, 712 Atlantic Avenue, Virginia Beach, Virginia on the 14th of April 2021 Planning 2 Commission Agenda. I'm party to a court case that is unrelated to this application but a representative of the applicant is involved in the case and I've chosen to abstain to avoid any appearance of conflict. Thank you. Mr. Weiner: Thank you, anybody else? All right, so we have motion by Mr. Wall, a second by Mrs. Klein. You're ready to vote? Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. 3 Madam Clerk: By recorded vote of nine in favor and zero against, Agenda Items 2, 3, 4, 5 9, 10, 11, 12, 14, 16 and 17 have been recommended for approval by consent. Agenda Item Number 18, 23, 26 and 28 have with a recorded vote of eight in favor, zero against and one abstention for each agenda item have been recommended for approval by consent. Mr. Weiner: Thank you, Madam Clerk. Thank you for those who've had items on the consent agenda. They will be scheduled in the future to be on City Council agenda. Now we will move to the items that we will hear. Madam Clerk will take care of that, please. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 4 Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 0 itt11 1 / 1�`aieft ft I f" ,_ , ,,, ,/ 0 B1 4 ., R5 R v� C-37 it ,„,„,___ . Q - Y --, Ge. _ Street ' 1�ir,ls� •�'� g i B.,, / 0, /R5 R , J / ' . / &) 0 o -.D _L C/i aillr ;' 0 R5R / R-15R G .1 •/ 4D ' N S o 00 / 0_ , ..‘1 ___ ' ./11, /iir _ _____ ay; ' _ _, ..,...:„ r-------7 T tee ' 1 0� R10 q Ven o / / e 1 R5R ' i' L _ moo __ - a 0� n /R,10� N r A Site Gerad Jandoc W 4 L ' Property_Polygons 4503 Guam Street Zoning Building m imim ■mes••Feet Parking Lot Drive Aisle 0 15 30 60 90 120 150 180 R-- i Illi ti� 7J `-4Y CITY OF VIRGINIA BEACH AGENDA ITEM .1 ITEM: GERARD JANDOC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4503 Guam Street (GPIN 15706181504503). COUNCIL DISTRICT — BAYSIDE MEETING DATE: June 1, 2021 ■ Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 7,230 square-foot parcel zoned R-5R(SD) Residential District (Shore Drive Overlay). The lot consists of one duplex building with the subject unit containing two bedrooms. Only one unit is owned by the applicant, 4503 Guam Street. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or two spaces in this instance. The maximum occupancy for guests on- site after 11:00 p.m. for a two-bedroom Short Term Rental unit is six; however, at the time of this writing, the applicant accepts City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of May 3, 2021 , Host Compliance shows no current/active STR advertisements associated with the subject address. • Considerations: This property is located within the community of Chesapeake Beach and contains one duplex style building situated approximately 1 ,000 feet from the public beach of the Chesapeake Bay. The applicant's submitted parking plan depicts two required off-street parking spaces within an existing concrete driveway, which meets the requirement of Section 241 .2(1) the City Zoning Ordinance (CZO). Furthermore, the additional requirements found in Section 241.2 of the CZO pertaining to Short Term Rentals can also be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On April 14, 2021 , the Planning Commission passed a motion to recommend denial of this request by a vote of 4 to 4 (the motion to approve was not carried). If Gerard Jandoc Page 2 of 3 the City Council chooses to approve the request, Staff recommends the following conditions: 1 . The following conditions shall only apply to the dwelling unit addressed as 4503 Guam 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 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 one million dollars. Gerard Jandoc Page 3 of 3 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rentals. 11 .No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department City Manager: ,M9 i/BApplicant& Property Owner: Gerard Jandoc Agenda Item Planning Commission Public Hearing:April 14, 2021 City Council Election District: Bayside 25 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval a�der Staff Planner aa'egL e"0e William Miller <a„ae da a 0,.. ' 4�e'`e ea'P, ` Location Q e,,,gy 1 ' Guam Str oovp e'`e 4503 Guam Street m -- co.,e ("44, J�� nay eay Dr; }/ LaAre O,,,, 4ren„e Lt _ ve GPIN 'f(� D Bays. 15706181504503 T` Ro y � as Site Size �7,230 square feet �S e 4 , e so m ? 'Go'' o L a` - ea '0 R t 60 o R a 4 Existing Land Use and Zoning District �'' / 1-- Duplex dwelling/R-5R Residential (Shore Drive) Surrounding Land Uses and Zoning Districts North • Guam Street 4,c*o ut Single-family dwellings and convenience store/ ,,,' - Fa ftlitiik Fgrgd R-5R Residential (Shore Drive Overlay) and B 1 4� .. -- (Shore Drive Overlay) r " k I, � � ''. . South N.,, am street* r .� ., Single-family dwellings and Duplex/R-5R "'' `* Residential (Shore Drive Overlay) Altir East :r"T ". - -. Single-family dwellings/ R-10 Residential (Shore �,= Drive Overlay) `` x West I r r, u Duplex dwellings/ R-5R Residential (Shore Drive , ee-, °e ' - . • „,, Overlay) " —, "t! s b f. , ,- Gerard Jandoc Agenda Item 25 Page 1 Background & Summary of Proposal Site Conditions and History • This 7,230 square foot lot is located within the R-5R(SD) Residential District and contains one duplex style dwelling. • The applicant only owns one side of the building; he does not own the abutting unit. • According to City records,this duplex building was constructed in 1989 and the applicant's unit contains two bedrooms. • Staff inspected the site on January 19, 2021 to observe site conditions and take photographs for this report. • On-street parking is prohibited on the south side of Guam Street but is allowed on the north side of Guam Street. In addition, on-street parking is permitted on the east side of neighboring Seaview Avenue. Therefore, any overflow parking beyond the minimum parking spaces could occur within parts of the north side of Guam Street or the east side of Seaview Avenue. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Known Short Term Rental activity as of March 22, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Gerard Jandoc Agenda Item 25 Page 2 Short Term Rentals in the Vicinity tI i-', 'I;144.- ,,, -, ,,,It . tili._ „0... lko., Ifig* I/4 4,j I /lli arie, soararsi art►1U- - ll ►I Ii I li►►► on1.1 114 Aye IP of] fill ►►►► • �� r�� II►iI_. 31i] es . itia i Alai( ste, _ -/ ----, spetrro 04T 401/Tiedryk:-.- STATUS r•� ' • Approved Denied .�I i iI 'rill Q o Under Review�; `�s� Q Registered ars Map updated on 03.11.2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4-As recommended in condition#15 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site:2 Gerard Jandoc Agenda Item 25 Page 3 Put �. R• Raa ,�1 O VC:30 -1 ----- 07 r ...Guf 'l / (/ mhM R Sq /� Zoning History # Request 0 ri a -57,' � 'i 1 REZ(61[SD] to R SR[SD])Approved 01/11/2000 I / 2 SVR Subdivision variance Approved 11/15/2016 q aP J C� R1 / C:27r7/77 / / /// -&---. Jj �,� 1-7Thtl°Tom,_.,__ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR Short Term Rental Evaluation & Recommendation This R-5R(SD) zoned lot is located within the community of Chesapeake Beach and contains one duplex style building situated approximately 1,000 feet from the public beach of the Chesapeake Bay. The applicant's submitted parking plan depicts two required off-street parking spaces within an existing concrete driveway, which meet the requirement of Section 241.2(1)the City Zoning Ordinance (CZO). Furthermore,the additional requirements found in Section 241.2 of the CZO pertaining to Short Term Rentals can also be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4503 Guam 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. Gerard Jandoc Agenda Item 25 Page 4 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 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 one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be 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. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Gerard Jandoc Agenda Item 25 Page 5 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021, and April 4, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 22,2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on April 8,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 16, 2021 and May 23, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 17, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 28, 2021. Gerard Jandoc Agenda Item 25 Page 6 Site Layout & Parking Plan 73.10' to \41.45' "i /31. /42'iCHAIN \ LINKFENCE 1/� UNIT 4503 LOT 20 \ VD/E.ck /0g3 / Lam_�11 UNIT 4501 /I 49. 'vv 14 8 9' x 18' 5.4' / .L, L. TWO STORY parking space V1 YrTWO STORY c� {D FRAME \ FRAME o a) DUPLEX DUPLEX C • #4501 N. /#4503 ^', a 2 co b ad al // O D COMMON c /� AREA rn 1 y J\ rD 41 fD �1487 STOOP \\NN r - ! .sI ..5 /UNIT409 . 4503/ w ' 1 2 ' z :I;.:... I O� \\‹\\\NNN\NN-1.1 41.45' A. ..- li \NN\ 0 0 S 67'U0 E PIKE,, /12-1 PIN(F) I_ - -� Guam Street Gerard Jandoc Agenda Item 25 Page 7 Site Photos 0:".°' le • ''i �sY i eo- _ _______ ..7121 • MIME'' . ".''''''nu a' �7-1' „ g tea' -.,x� '.. 4503 Guam Street 3 _2: I.r` , y14 ra� °, ,./ 1 q ,. Y g� iE• ft x..� �-- p" 4503 Guam = Gerard Jandoc Agenda Item 25 Page 8 Site Photos • .....,.; ,.- ., - eft, --o , . -t--..._ __ .„-• 14.itti a, • - ,:::':.--. Tip- 144; it. :. . , --;.,,- ...„,., —_----_— . _. . _...• . .%. 6 . -.......................... - .--- — _ . • -7-1/7 exTergt. NW or,'" _ , O., - -.._.., .-- ''. _ . . . - . .., . _.., 3.t. "... .'Aiii, .,-'1 '14 .- • Al, . " -- ,''':)..*V :.•.t.',..4. , -'''' :- 1 tAk.,A,; ‘em,ibe_i•z„ _ ok itr,. w Tomp. . .,.. : • -----musi •iv ir --,. 4.,1 • ....,4 ,,,,,. . I •, _ , ......„.„.„ , - . _ ... • - — • • — ...,- , •- —; _ .•-._:".....r. - - 4-- •,---7 ,-, ---- ...-_,,.._ , . .......— • ... . - . _., - . ",--...,.......„ , .. ...-- Gerard Jandoc Agenda Item 25 Page 9 Disclosure Statement Disclosure Statement Planning&Community """*"'"**Nsti\ Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name U ` , , ,00 C.Does the applicant have a representative? [/Yes ❑ No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes 11 NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant (Attach a list if necessary) '"Parent subsdiary relationsnip"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 Gerard Jandoc Agenda Item 25 Page 10 Disclosure Statement Disclosure Statement Pluming&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beap have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any—Jfinancing in connection with the subject of the application or any business operating or to be operated on the property? ( 'Yes ❑No • If yes,identify the financial institutions. C s r C 'F A tr C U.-a-� 2. Does the applicantplca have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes riAlo • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided connection with the subject of the application or any business operating or to be operated on the property?❑Yes L�1 No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner providedvi�� in connection with the subject of the application or any business operating or to be operated on the property?❑Yes C No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes liKlo • if yes,identify the purchaser and purchaser's service providers. 21 Gerard Jandoc Agenda Item 25 Page 11 Disclosure Statement Disclosure Statement Ni3 ruzaJ •$ w-t 4 Planning&Community I dopment 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 12i No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes E(Islo • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Snature C-a,c-AACLO J Pr.190(-- Print Name and Title ao.:1-0 Date Is the applicant also the owner of the subject property? 21 Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications L ❑ No changes as of Date 05.05.2021 st R W i,U.a n'Mier In addition, no changes are anticipated Print"/1e William Miller between 05.05.2021 and 06.01.2021—Per the applicant 31 Gerard Jandoc Agenda Item 25 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Gerard Jandoc Agenda Item 25 Page 13 STR VICI - ITY __:AP GERARD JANDOC - 4503 GUAM STREET r �L�. ' a 0 m ic I:- _:__.'ii-i,t,./.irl.'.,_14/_____:-_./___,-';'.'IT:..7'..,iro_La4v1.1.4:7 Av:1.1_11__I-41:744:1_4_4111:qu'isfr,cAlt.: I$ ' 0: 47 .-.7----. - L nil _ 1 7 itM iv::i 7'lr'0411711/7 app,,,.::404Fil 1 4111:-.;.,.411:;Av-At-:---711 r :r i t18:iii • . il.-) I / --':-.---z-.,- . /11 i - - AV" // a ��. . ifirwit_ j .-71_ rH. ,,,:_ J, 11 1 ili ,...,i.- --bpi: -.6 /Hit . --- 1// ., 1, STATUS ,s....! -- a Approved • Denied 111 111 - -Nam! S 7s..7____ _. „'a Under Review - a Registered �na � l-`— 1 1 /air // .. Updated on 05-04-2021 Item # 25 Gerard Jandoc [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 4503 Guam Street April 14, 2021 RECOMMENDED FOR DENIAL (MOTION TO APPROVE FAILED) — HEARD Mr. Weiner: Great. Item 25. Madam Clerk: Agenda Item 25 is Gerard Jandock, an application for Conditional Use Permit, Short-Term Rental on property located at 4503 Guam Street in the Bayside District. The applicant or the applicants' representative, please step forward. This is a virtual. Mr. Weiner: Virtual, okay. Alright. Madam Clerk: Mr. Jandock, if you would wait two to three seconds and then begin your comments. Mr. Jandock: Good afternoon members of Planning Commission. My name is Gerard Jandock and we're originally from New Jersey, and we purchased this property at 4503 Guam Street in Virginia Beach last September. So, this is our second home. We've been going back and forth to Virginia for the last five years. We just love Virginia compared to Jersey Shore, because the water is warmer. And it's just like, it's different from Jersey. So, I applied for the conditional -- short-term conditional permit last December, I believe. And because my plan is during the summer months, I want to use it as like Airbnb, but like the month of July I block it for my family because I also want to enjoy the property as well. And currently, there's a tenant staying there from December till May, and I have a property manager taking care of everything because I'm like five hours away. So, he does everything. And you know, if there's a problem the tenant just calls him for everything that I need to. And he's also going to take care of the condo -- if it becomes -- if I get the approval for the short-term rental, he's also going to take care of it. That's all I have to say. Any question? Mr. Weiner: No questions? Are there any speakers? Madam Clerk: There are no speakers. Mr. Weiner: No speakers. Okay, no questions for the applicant? All right, we're going to close this and open it up for discussion, and we don't have a Bayside representative. So, how about an At-Large person? 1 Ms. Oliver: No, I'm not large. So, again, this is another duplex, which I have a problem. I just don't think that this is a good use unless they own, but I am -- so I'm uncomfortable. He doesn't - - and it says well here, he doesn't own the abutting unit, and it is in a neighborhood. And so, I'm just not going to support this. Mr. Weiner: Anyone else? The same issue I had before, I'm very torn on it. I went by this house. I'm working right around the corner from this house, because this was deferred from last month. Wasn't it deferred from last month, this one? 90% sure it was deferred from last month. Yes. And so, this sign is still there. The sign has been there for over 60 days, which is stating that someone has got to come out and oppose it. And right next door, I mean, the signs literally right in the middle between the duplexes. And if nobody's going to say anything about it, not even a letter to staff about opposing it, I just — I can't see why we shouldn't approve it. I just don't see why we shouldn't --that's my opinion. That's my opinion. Anybody else? Mr. Coston? Mr. Coston: I'm with you. Mr. Weiner: If there are other people standing here in front of us opposing this right now, I would have to really think about this. But with the sign being up for 60 days, and nobody is opposing it then I guess this is my opinion. All right? Jack? Mr. Wall: I don't know, I'm kind of with Dee -- I mean, I go back to just the letters and discussions I've had with somebody who's a part of a duplex and it's a challenge. and this is shared parking. I mean, I'm kind of torn on it also just because there is no opposition, but just some of the discussions that I've had with somebody at the North End is concerning and he's asked me, he's like help. You know it is a challenge living next to a short-term rental or not next to but adjacent to, literally you're connected to a short-term rental. Just the activity, level of activity, the use of the driveway, the trash, you name it. And it's -- but there's nothing that we have in here that says just because it's a duplex you can't have a short-term rental, and the neighbor signed off on it. There's no opposition. I don't know. Mr. Weiner: It's hard for me to justify. Mr. Alcaraz? Mr.Alcaraz: So, I think there is opposition. I just think that they faded away or faded back because what happened with City Council when this came up on the East, or the West side of Lesner bridge when Chick's Beach came into play, and I just think they're just sitting back because they're thinking, okay, we're done. We're taken care of. So that's what I'm thinking, because I saw what happened when they showed up, west of Lesner Bridge, they came in droves and so having said that, I'm going to be right behind with -- Mr. Weiner: Okay, but I will have to say now; this house is visible from Lookout Road. So, you're driving down Lookout Road Chick's Beach, you can see the sign. 2 Mr. Alcaraz: I understand that. Mr. Weiner: But it's been there for 60 days. Mr. Alcaraz: I understand that. I'm just feeling that, the Civic League is thinking. Mr. Weiner: Okay. I understand. Mr. Alcaraz: I know it was proposed, and the Overlay District was taken away. But I just have a really strong feeling that, that's what the Civic League or homeowners are thinking that nothing's going to happen over there, because what they were promised with Mr. Jones and Chris -- I mean Jim Wood. Mr. Weiner: Okay. Any other comments? Yes. Mr. Coston: Did we not approve one in Chick's Beach recently? Mr. Weiner: We did. I think Chick's Beach is kind of—touristy, different kind of animal. And I think we've already done one there or a couple. We have a motion? Mr. Coston: I move that we approve the application. Mr. Weiner: We have a move for approval by Mr. Coston, do we have a second? Mr. Inman: I'll second. Ms. Klein: I'll second. Jinx! Mr. Weiner: Second by Mr. Inman. Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Nay. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham is absent. Mr. Horsley? Mr. Horsley: Nay. Madam Clerk: Mr. Inman? 3 Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Nay. Madam Clerk: Mr. Redmond is absent. Vice Chair Wall? Mr. Wall: Nay. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. We've to vote again. Madam Clerk: By a recorded vote of four in favor and four against, therefore the motion is denied. Mr. Weiner: Is it denied or we have to vote again? Mr. Tajan: Technically, a four-to-four vote is a denial recommendation, unless someone wants to reconsider their vote. AYE 4 NAY 4 ABS 0 ABSENT 3 Alcaraz NAY Barnes ABSENT Coston AYE Graham ABSENT Horsley NAY Inman AYE Klein AYE Oliver NAY Redmond ABSENT Wall NAY Weiner AYE CONDITIONS: 4 1. The following conditions shall only apply to the dwelling unit addressed as 4503 Guam 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 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 one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 5 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 6 K..,,,. tti 0,r id 7...),. ,:.... 0,,,,,,►, 12 74 -et/ , 1 1 ( 1 es_ V , 11P, ,stye R5R(NE)/ `' �\R=5R(NE) R5R NEB • , \94,\ U .16 --- .1,78 im T-..„. Igo 0 , In ow ..-- 01. , Ili ' 4 v R`5R(:N•E) ‘\ \S --\ \\ ,\, \ v,000 R5R(N:E) cv . ,—Li-j) ,J S �`treet `� g8th 5 ' \ \ \ r A Site Kim Davenport w Aft F Property Polygons 8809 Atlantic Avenue, Units A & B I Zoning Building 1. mum =Elm INN Feet Parking Lot Drive Aisle 0 1530 60 90 120 150 180 I , , '\ !� 27) 'J CITY OF VIRGINIA BEACH AGENDA ITEM ,,/ ITEM: KIM DAVENPORT [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 8809 Atlantic Avenue, Units A & B (GPIN 25105128360000). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: June 1, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 4,668 square-foot parcel zoned R-5R(NE) Residential District(North End Overlay). The lot consists of one duplex building with each of the two units containing two bedrooms. Both units are part of this request and both units are owned by the applicant. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or two spaces for each unit (four spaces in all). The maximum occupancy for guests on-site after 11:00 p.m. for each two-bedroom Short Term Rental unit is six (12 in all); however, at the time of this writing, the applicant accepts City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of May 3, 2021 , Host Compliance shows the property as advertised for rent through VRBO with a minimum 30 night stay. • Considerations: This site is located within the North End community, which is comprised of single- family and duplex-style dwellings. The subject property sits within one block of the Atlantic Ocean and is positioned adjacent to the entrance of Fort Story Military Base. When this duplex was constructed in 1969, two on-site parking spaces were required, one for each unit. At some point, both required on-site parking spaces were removed and replaced with decking and patio space. After eliminating the prescribed on-site spaces, a replacement parking area was created to serve this building. This replacement area, which is currently located along Atlantic Avenue, consists of a gravel surface placed within the city right-of-way. The removal of the required on-site parking spaces was done in violation of the City Zoning Ordinance by an unknown previous owner. Because Short Term Rental uses require one off- street parking space per bedroom, the applicant has proposed to correct the off- street parking deficiency by adding a new driveway and entryway apron, which has been reviewed and approved by Public Works/Traffic Engineering. As allowed by Section 241 .2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed Kim Davenport Page 2 of 4 and approved this proposal; however, conditions #3 and #4 are recommended to address the matter. The remaining requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. One letter of opposition was received relating to this request. The author of the letter expressed concerns that the "use would adversely affect the residential character of our neighborhood and the enjoyment our family has experienced for the past fifteen years." In addition, the letter noted concerns relating to the removal of trees in order to add the proposed driveway. Please note, of the three mature trees relating to this concern, one must be removed for the driveway; the other two trees would be saved. • Recommendation: On April 14, 2021, the Planning Commission passed a motion to recommend denial of this request by a vote of 8 to 0. If the City Council chooses to approve the request, Staff recommends the following conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 8809 Atlantic 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. As illustrated in the "Site Layout and Parking Plan" section of the Staff report, an entryway driveway apron meeting the minimum Public Works Specifications and Standards shall be added within 90-days of City Council's approval of this request. All applicable building permits shall be obtained by the Permits and Inspections Division of the Department of Planning and Community Development prior to placement. 4. An on-site parking area shall be added as illustrated in the parking plan found in the Staff report. The proposed surface material type shall be concrete pavers, or a substitute material approved by the Zoning Administrator. The driveway addition shall be placed within 90-days of City Council approval. In addition, a building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 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 Kim Davenport Page 3of4 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 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. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 .All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. Kim Davenport Page 4 of 4 14.The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter(s) of Support (1) / Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department (- 'p City Manager: rie9P . Applicant and Property Owner: Kim Davenport Agenda Items Planning Commission Public Hearing:April 14, 2021 19 8, 20 /' City Council Election District: Lynnhaven Virginia Beach Requests # 19 - Conditional Use Permit (Short Term Rental)—Unit A # 20- Conditional Use Permit (Short Term �� Rental) - Unit B �� ', s c t J as 4 Staff Recommendation Approval Staff Planner William Miller _ all Location y 8809 Atlantic Avenue, Units A & B s no e GPIN 0' 5.0.-sre""1 \ 25105128360000 83,d SVeet Site Size a2.„6 Sued i 4,668 square feet Existing Land Use and Zoning District Duplex dwelling/ R-5R(NE) Residential Surrounding Land Uses and Zoning Districts • x $4; North '.: , ` 89th Street _ Military Base/Zoning not applicable Ws d ` < South s9 ''' ., Single-family dwelling/R-5R(NE) Residential rf y East Duplex dwelling/ R-5R(NE) Residential *► ''`er .k 4 I_ West Atlantic Avenue yztF M ,. Single-family and duplex dwellings/R-5R(NE) AA , Residential c Kim Davenport Agenda Item 19 & 20 Page 1 Background & Summary of Proposal Site Conditions and History • This 4,668 square foot lot is zoned R-5R(NE) Residential District and contains one duplex building. The applicant owns both units within the duplex building. • According to City records,this duplex building was constructed in 1969 and each unit contains two bedrooms. • Staff inspected the site on March 2, 2021 to observe site conditions and take photographs for this report. • In 1969,the year this duplex was constructed,the City Zoning Ordinance required one off-street parking space per unit, or two spaces in this instance. In addition, parking space surface material was not regulated on properties containing one and two family dwellings. Consequently, compacted gravel was a popular choice for homes built during that era. At some point, both required on-site parking spaces were removed from the front of the subject property adjacent to 89th Street,where the decking and patio sit currently. Thereafter, parking for the property shifted to the city right-of-way along Atlantic Avenue, but again, it is unclear when this occurred. • As illustrated on the applicant's parking plan, a new driveway and apron is proposed for this property. • On-street parking is permitted 24-hours per day on a portion of the eastern side of the 8800 block of Atlantic Avenue. No on-street parking is permitted on the west side of Atlantic Avenue. Additionally, no on-street parking is permitted in the 100 block of 89th Street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Known Short Term Rental activity as of March 22, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE Unit A:Yes Unit A: Last 31-60 days Unit A: Yes Unit B:Yes Unit B: Last 61-120 days Unit B:Yes • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Kim Davenport Agenda Item 19 & 20 Page 2 Short Term Rentals in the Vicinity if \ ' i O *fir tIGO fee 4 111� •�, , SI STATUS ,'�SI= '-, • Approved �thStfeet �11111 • Denied 1N1��0 106•4 0 Under Review veet Q Registered Map updated on 03.11.2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. Unit A Unit B Number of bedrooms in the Short Term Rentals: 2 2 4-As 4 -As Maximum number of guests permitted on the property after 11:00 pm: recommended recommended in condition in condition 17 17 Number of parking spaces required (1 space per bedroom required): 2 2 Number of parking spaces provided on-site: 0* 0* * It is the intent of the applicant to place a new driveway and apron as shown on the Site Layout and Parking Plan section of this Staff report. Conditions 3 &4 are recommended to address this matter. Kim Davenport Agenda Item 19 & 20 Page 3 R-5RINE ttsue d _.e ,. No Zoning History found within the boundaries of this map RSR(` :5 tNJ \ \ \\\Q 4,541-t-1 / ,1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This site is located within the North End community,which is primarily comprised of single-family and duplex-style dwellings. The subject property sits within one block of the Atlantic Ocean and is positioned adjacent to the entrance of Fort Story Military Base. When this duplex was constructed two on-site parking spaces were required, one for each unit. At some point, both required on-site parking spaces were removed and replaced with decking and patio space. After eliminating the prescribed on-site spaces, a replacement parking area was created to serve this building.This replacement area, which is currently located along Atlantic Avenue, consists of a gravel surface placed within the city right-of-way.The removal of the required on-site parking spaces was done in violation of the City Zoning Ordinance by an unknown previous owner. Because Short Term Rental uses require one off-street parking space per bedroom, the applicant has proposed to correct the off-street parking deficiency by adding a new driveway and entryway apron,which has been reviewed and approved by Public Work—Traffic Engineering. As allowed by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed and approved this proposal; however,conditions#3 and#4 are recommended to address the matter.The remaining requirements of Section 241.2 of the City Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 8809 Atlantic 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. Kim Davenport Agenda Item 19 & 20 Page 4 3. As illustrated in the "Site Layout and Parking Plan"section of the Staff report, an entryway driveway apron meeting the minimum Public Works Specifications and Standards shall be added within 90-days of City Council's approval of this request.All applicable building permits shall be obtained by the Permits and Inspections Division of the Department of Planning and Community Development prior to placement. 4. An on-site parking area shall be added as illustrated in the parking plan found in the Staff report.The proposed surface material type shall be concrete pavers,or a substitute material approved by the Zoning Administrator.The driveway addition shall be placed within 90-days of City Council approval. In addition,a building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 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 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. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site,except one(1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. Kim Davenport Agenda Item 19&20 Page 5 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be 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. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners. One letter of support and one letter of opposition was received by Staff relating to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 15,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021, and April 4, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 22, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 16, 2021 and May 23, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 17,2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 28,2021. Kim Davenport Agenda Item 19& 20 Page 6 Site Layout & Parking Plan Impervious Colas. Existing Impervious • , Proposed = 3,011 Sq.Ft. Impervious (64.5%) Step — IR ---, 1 , I . I I 19-A ki --------- - ..:4,- , , e--* i 0 I '• n I i 1 I r-t, r) 1 / ii:. .)›. „,71 -- < c.I 0 rD 5 PUBLIC C DRAINAGE & ' I I4 rb UTILITY EASEMENT (M.B 80, P. 29) Deck to be Dent Steii§ Removed ' ,_ t 1 (4) 9'x18' --u ... , Proposed ct:',I Parking Spaces 1 3 , .,._ Proposed 2 concrete paver 4 'L-Y,_.; • Tree to 'VP be Removed driveway and -----,... ----- One tree will be removed -,t'reda, driveway apron 10 f --- and two will be saved / 88th Street Kim Davenport Agenda Item 19 & 20 Page 7 Site Photos �- `— ,- N , ,--, ` -A- ram— ,.l`• v� Ci fe'4. is jy tillarfir .16314 . _..�y'\\ ,..,.,.-.1.,,„;. -, --,.... .. 's I y Kim Davenport Agenda Item 19 & 20 Page 8 Site Photos Mg1 : i►, At/antic -`nth Street Proposed Driveway location (approved by Public Works) -''t. 1 '-'45..‹. .••.'" ' ',0,4; ' ,;•'''.':.,.': , ' • ;:i ' -1 cry I. -... - ' '. - -s1. 1 '7_=VOEV. . - r Jr - / � w-.. ate ' " '' " ► _.f _ - _ .. ... 1 K p. Kim Davenport Agenda Item 19 & 20 Page 9 Disclosure Statement Disclosure Statement Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Kim Davenport Does the applicant have a representative? ❑Yes I No • if yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes S No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary1 or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 ) Kim Davenport Agenda Item 19 & 20 Page 10 Disclosure Statement Disclosure Statement "NA3 Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development contingent on the subject public action?0 Yes No • If yes,what Is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■ No • if yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■ No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes * No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes E NO • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I No • If yes,identify the purchaser and purchaser's service providers. 2I Kim Davenport Agenda Item 19 & 20 Page 11 Disclosure Statement Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IN No • If yes,identify the construction contractor, 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes III No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?it Yes No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. IAA Applicant Signature Kim Davenport,owner Print Name and Tithe 2 November 2020 Date Is the applicant also the owner of the subject property? I Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications 0 No changes as of Date 05.05.2021 Signature W I 1 sn'M W ei Print Plano William Miller The applicant stated that he may hire an attorney. If he does, he will let us know who he retained. Other than the possible retaining of an attorney,the applicant stated that he does not anticipate any changes between 05.05.2021 and 06.01.2021. 3 I Kim Davenport Agenda Item 19 & 20 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Kim Davenport Agenda Item 19 & 20 Page 13 STR VICI : ITY MAP KIM DAVENPORT-8809 ATLANTIC AVENUE UNITS A&B . r , i \\\'-i 0 \\ . ti�.t � 1 - - %9 i la %..$ 0 r 0 � it t:11.�eet _: m, \\ . , vogit trityrk ..\, ilitt.. ..,.,,, ,„_- \ . eet.,''_ STATUSll '4 l015� op { Approved coo N f�- i�r eet Denied t1$t � g6t OS � 0 Under Review t., Beet - j 0 Registered %611 g5tb t , . l _ Updated on 05-04-2021 Items # 19 & 20 Kim Davenport [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 8809 Atlantic Avenue, Units ALB April 14, 2021 RECOMMENDED FOR DENIAL— HEARD Mr. Weiner: Thank you. Right, we're on to short-term rentals, 19 and 20. Madam Clerk: Okay, our next agenda items are 19 and 20. Kim Davenport, an application for a Conditional Use Permit, Short-Term Rental on property located at 8809 Atlantic Avenue, Units A and B in the Lynnhaven District. Mr. Weiner: Welcome, sir. Please state your name for the record. Mr. Davenport: Kim Davenport. Mr. Weiner: Okay. Mr. Davenport: I'd like -- good afternoon to the members of the Planning Commission. I appreciate the time you give us to have our input on these subjects. I'm here today to hopefully convince the Virginia Beach Planning Commission to recommend my Atlantic Avenue residence for a Conditional Use Permit to allow Short-Term Rentals. My wife Jeanie and I bought the 8809 Atlantic Avenue in late 2018 to use as a rental, and hopefully one day be able to afford to make the north end property our permanent residence. The property is a duplex with the size, location and layout suited as a vacation type cottage. It was on the market for four months with no buyers. Prospective owners did not find it financially viable or didn't want to put the time and money in for repairs and upgrades it needed and the lot was not big enough to make a financial profit by raising the cottage and making it a three-story monolithic monstrosity duplex. This was fortunate for myself and my wife, as we love the property as it is with its old-fashioned charm. We would never invest in a property that we would not love to live in as our own residence. When we purchased the residence, it was unoccupied, rundown and in disrepair. We spent the next six months renovating, landscaping and furnishing the property to restore it to its original intended use as a beach cottage. We intended initially to keep it as a monthly rental but found it was more suitable for a weekly rental. Each unit is a very small two-bedroom one-and-a-half bath with fireplace and a very small lot with no real yard to speak of. It was built to be used as a summer cottage with both units sharing a common laundry room. Each duplex is 900 square foot, can accommodate a family of four, maybe six with pre-teenage children. The back unit has a small deck that is completely enclosed with the six-foot privacy fence. 1 The front unit has a little more outdoor area, but still has a small deck enclosed by a continuation of the six-foot privacy fence, followed by a 20-foot length of a small picket fence to 89th Street. Once zoning approves the parking spots to put in, the outdoor area will be reduced further and the patio will be more of a walkway. On the other side of the property from the six-foot privacy fence is Atlantic Avenue with no adjacent neighbors. The point I'm trying to stress is that there is no space available both for outdoor activities of any size, and since we have owned the property there have been no social gatherings or outdoor events except the family meal or enjoying an adult beverage on the picnic table.To my knowledge to date, there have been no complaints from any neighbor for any reason. But in fact, we have been repeatedly told by the neighbor that the vacation renters we were renting to are always pleasant and considerate. As to parking issues, there have never been any complaints or violations. As a short-term family rental, most occupants have one car, on occasion maybe two. When we put in the recently zoned approval for brick paver parking spots on the 89th Street side, we will actually increase the neighborhood parking by freeing up the four spots on the Atlantic Avenue easement we currently use for parking. This can be seen on the site plan submitted with my CUP application. The research and investigation into understanding the parking issues is one of the reasons I was late in filing for my CUP. I've learned a valuable lesson that if I ever attempt to buy a residence in an older neighborhood again,that I make sure the perceived parking spots that are shown on the site plan --that I make sure that perceived parking spots are shown on the site plan and within the boundaries of the purchased property. The renters move the trash receptacles to the street on the trash pickup day and then back to the side of the property afterwards. If they don't do it, our cleaners do. If our cleaners don't do it,then Jeanie or myself will drive down to the property and move them. We have security cameras and monitor them carefully for the safety of our renters and security of the property when not occupied. Again,we have never heard or seen of any issues except an occasional lockout or a renter unable to open a key box. We do not allow pets as there -- so there are no barking dogs to annoy the neighbors. Before I was aware of the Short-Term Rental CUP requirements,we did do some summer rentals in 2020. I had submitted a list of those for you to review so you have an understanding of the type of people and renters who use the property. The overwhelming number of them were small families, as you can see;they are grateful and impressed with the natural beauty, quaintness and charm of the North End and it is for this reason they prefer the location as opposed to the crowds and the noise of the resort area. There is no difference between the residence being owner-occupied or visitor-vacation rental occupied. Both have cars, both used in the neighborhood for transportation and for using local parking spots. So, the traffic is the same. Both have occupants. So, the number of residents in the neighborhood are the same. Both use the beaches, trails, bike paths, outdoor activity, so the outdoor activities are the same. One difference is that an owner-occupied property will not give Virginia Beach the benefit of the lodging tax revenue. Another difference is with the Short-Term 2 Rental you have a new family each week enjoying the North End Virginia Beach experience for the beauty of the beach, creating new once-in-a-lifetime family memories by enjoying the North End Maritime Forest and the Atlantic Ocean Beach, First Landing State Park, biking trails, local sites and enjoying local restaurants. If the Civic League did not want a Short-Term Rental, I'm sure it wouldn't prefer a long-term group house rental by a dozen group friends staying there over the summer. This would not be overseen and managed as well as a Short-Term Rental. I myself and a group of friends did a short rental when I was younger, and I would never do this to my property or to my neighbors. If the property is not available for the Short-Term Rental, then will most likely alternative as a monthly to annual rental. There is no -- for which there would be no Virginia lodging tax revenue. And it would probably be rented to a younger non-married individual and be susceptible to non-tenant overnight stays and parties with their friends. If the tenant turned out to be bad and created the type of neighborhood disturbances the civic league is concerned with, then it would take three months to evict them, if at all. The advantage of the Short-Term Rental is the risk is with the owner of losing the Conditional Use Permit, and the owner must be extra vigilant and proactive to make sure the laws are complied with and the guests are managed. About a month ago, there was a justifiable outcry from the neighbors and from the speakers at the different Commission sessions for a three-day all-night party and a discharge of a firearm that took place about a month ago. However, I believe the blame and perpetrator of this incident directed at illegal Short-Term Rental was not justifiable. As I understand, the residence was not a legally permitted Short-Term Rental and was in fact was a rogue resident owner allowing this rude and unacceptable behavior. If it was a legally permitted Short-Term Rental, the owner would never have allowed it knowing their permit would be revoked. And if I'm wrong, and it was a legal CUP Short-Term Rental, I would be the first to insist that the CUP is revoked. Mr. Weiner: Any questions? Yeah, you have a question. Ms. Klein: I saw that your application was submitted early November of 2020. When did you discontinue your short-term rentals? Mr. Davenport: It was at that time. Ms. Klein: Okay, so no rentals after November 2020. Mr. Davenport: Correct. When I started, I was -- I registered with the business revenue thinking that was all I needed to do because it was an application for a Short-Term Rental. Over time and trying to keep up with the laws I found out I was mistaken. So, we filed the application. We cancelled all future rentals and returned their deposits and since then I have rented to long-term renters. And I've had family and friends and myself use the residence. 3 Ms. Klein: Thank you. Mr. Tajan, we are engaged in an ongoing conversation with the Commissioner of Revenue to make sure that they share that information with registrants, right? Mr. Tajan: Yes. We do the best we can to share the information as much as possible. Mr. Davenport: It's well-documented. You say it on all of your applications. So once the application is submitted-- Mr. Weiner: Sure. Hold on one second. Let Mr. -- Mr. Tajan: We do our best to make sure we relay the information. Again, a lot of people have been submitting things online. But, yes, we have been in constant discussion and review with the Commissioner of Revenue to make sure that we're sharing that information. Ms. Klein: Is it possible to get something added to the Commissioner of Revenue application? Would that be an option if they're doing it online? Mr. Tajan: We can ask. We will ask. Ms. Klein: Thank you. Mr. Tajan: So, any business license, well -- Mr. Weiner: Any comment? Mr. Tajan: There is a -- Ms. Eisenberg: No, I was just going to say we can't force them to do that. Bobby is right, we can just ask nicely. Mr. Weiner: I like that. Mr. Tajan: There is a -- again, typically if they're getting their business license, they are required to get Zoning approval, which is how we catch a number of these as well. It is different if they are just registering to pay the amount. That means they're probably represented by a Real Estate Company and so they typically just register them and take the money so -- Ms. Oliver: Sir, did you go down in person to the Commissioner of Revenue's office to register? Mr. Davenport: No, I did not. Ms. Oliver: You did not. Okay. Couple of questions I have for you, sir, is when you were renting short-term you rented it, according to all your letters, at least 64 times, which is --that's a quite a bit, including your cleaning lady, who said, you know -- and they're all great reviews, obviously but there's 64 reviews, which means that you've rented at 64 separate times. 4 And being that the -- and I've noticed that you mentioned the North End Civic League, the North End Civic League is pretty loud Civic League, and they do put out a newsletter and an email and they collect dues. And so, I've just -- it's interesting to me that you didn't -- during this time that you've owned this property and have been renting it all, all along that you were unaware that you needed a CUP because that Civic League is quite... Mr. Davenport: I was never notified by anyone. I talked to my neighbors, they -- I have one adjacent neighbor who I talk to on a regular basis. They did not mention it. I did not hear it from the Civic League. Ms. Oliver: Well, the Civic League is not going to reach out to you, but the Civic League -- that Civic League, specifically, is very large, very loud, and it communicates very well with pretty much everybody there. They put fliers in the mailboxes. I mean, that's a significant... Mr. Davenport: I can't speak for that. I know I was not contacted. And this was over a period of late 2019-2020. Mr. Weiner: Any more questions? All right, thank you sir. I don't think there are any more speakers, correct? Mr. Davenport: Thank you for your time. Mr. Weiner: Thank you. We're going to close this and open up for discussion. We don't have a Lynnhaven representative, who is closest to Lynnhaven Beach? Ms. Oliver: I'll start it. I'm familiar with this street just because my grandparents lived on this street, pretty much all my life. There's no parking on the street whatsoever or around the corner or on the ocean side of this street at all. And I just have a problem with somebody that's -- he's been operating for — well he bought it in 2018. Started renting at -- and he's rented it a lot. And he's short on his parking to boot. And so, I just have -- I can't. I'm not going to support this application. But that's where I am. Mr. Weiner: Anyone else? Jack? Turn your mic on. Mr. Tajan: It's just for staff and it's the map update on 03-11-2021. It's just a formality. But before -- if it goes to Council, I think that blue dots supposed to be a yellow -- you know, that because it's showing as registered. Or maybe that is right. That is the problem, is that it is registered as -- that is correct. Okay. Yep, got it. Okay, thanks. Mr. Weiner: Any other comments? I'm going to make one because I'm the one that actually brought this up, that I couldn't support this. And the sign has been up for a long time and I've ridden by it quite a few times, and I actually walked around at one time and waiting for the staff report to come out. I couldn't -- I didn't know where anybody was going to park because there's no parking. And when I read the staff report, they're going to cut trees down to make a driveway. 5 You know how I feel about pouring concrete for driveways; I definitely cannot support cutting trees down for a driveway. So, I'm not going to support this one either. Mr. Weiner: So, anybody want to make a motion? I'm sorry. I need a motion. Ms. Oliver: I'll make a motion to deny. Mr. Weiner: I'm sorry. No, no, sir don't -- Ms. Oliver: Make a motion to deny Application Agenda Item Number 19 and 20. Mr. Weiner: Anybody going to second it? Mr. Alcaraz: Second. Mr. Weiner: We have a second. We have motion by Mrs. Oliver and seconded by Mr. Alcaraz Mr. Alcaraz: Yes. Madam Clerk: The motion is to deny the application. Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham is absent. Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent. Vice Chair Wall? 6 Mr. Wall: Aye. Madam Clerk: Chairman, Weiner? Mr. Weiner: Aye. Madam Clerk: By a recorded vote of eight in favor, zero against, Agenda Items 19 and 20 have been denied. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. The following conditions shall only apply to the dwelling unit addressed as 8809 Atlantic 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. As illustrated in the "Site Layout and Parking Plan" section of the Staff report, an entryway driveway apron meeting the minimum Public Works Specifications and Standards shall be added within 90-days of City Council's approval of this request. All applicable building permits shall be obtained by the Permits and Inspections Division of the Department of Planning and Community Development prior to placement. 4. An on-site parking area shall be added as illustrated in the parking plan found in the Staff report. The proposed surface material type shall be concrete pavers, or a substitute material approved by the Zoning Administrator. The driveway addition shall be placed within 90-days of City Council approval. In addition, a building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 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 7 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 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. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 8 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 9 February 14, 2021 To: City of Virginia Beach, Planning Department,Zoning Administration and City Council Regarding: Short Term Rental of 8809 A& B Atlantic Avenue Kim &Jeanie Davenport • Our residence is adjacent to Kim&Jeanie's above mentioned residence. We have no objection to their operating a Short-Term Rental from your residence as long as it is in complacence with the Virginia Beach City Council approved guidelines and policies. Rega ds, S 5 \ L_ A Al 3 e61 5- T '11 • From: Jim Gresock To: William N.Miller Subject: Proposed Overlay District for North End for Short Term Rentals and Conditional Use Permit Request For STR At 8809 Atlantic Ave,Va Beach Date: Thursday,March 11,2021 11:15:23 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments j unless you recognize the sender and know the content is safe. Will Miller, As a follow up to your recent voicemail message on STR matters you handle for the City,we own property at 118 89th street which is part of duplex with 116 89th street.We are situated just off Atlantic Ave on south side of street.Fort Story is immediately north of us. Our neighbor at 8809 Atlantic Ave is seeking a conditional use permit for STR.Notification signs have been posted on the property.We have advised owners,Kim and Jeanie Davenport that we could not support their request as we feel STR use would adversely affect the residential character of our neighborhood and the enjoyment our family has experienced for the past fifteen years. It is our understanding that the City will require Davenports to relocate the parking they currently have along Atlantic Ave to the north side of the property with access from 89th street.This will require the removal of mature trees that have been a landmark for the neighborhood providing a visual and sound buffer from traffic on Atlantic Ave especially at peak hours at Fort Story Gate. St.The residential character of the North End warrants protection and enhancement.The current effort to amend the City Zoning Ordinance pertaining to Short Term Rentals in the City and the subject Conditional Use Permit Request puts the quality and character of our property and North End area in jeopardy.Please feel free to contact us. Best regards, Jim and Gail Gresock Cell#804/938-5075 Email:mlgresock @aol.com _ oz r i O : Nor. .� ,c , 1 N p2a � ecows � I*$ ii Sari ..... 4vti ,,...,-. .4.0 , Qc . 0, *Po - ,\. Y Ioo * Pc3.- , ' � N ,, ,n_'.\ . \ , - • w -' 0 c m " ,‘ * % . _ • w 0 i° fo - 10101\ -\ 6 : 0 ri*_ _ 1040‘ * , . ..- rest �►�� a� 46.4) ��, , , , „ Map ttt. G cn 0 . L.; \Illi. 0 ' 2 a) '0' r : \ta \ Uo CP\ - i Pi 0 W '\ S -\- ' ---- . 0 ' ' %.*°*001*#%' , # OS 0 ' &k. O.*, 1 I f% * 1 , OafSI o 070 0, .L , 00 IW .\ A ' , . ,* *** W w' n iiI * , 0 ' ' c , ,› 0, , 0 %---, , <- . U o \ o o � t ,) \ O O fQ \ �re� ' d N m a. I " may yfC� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MARK A. MOORE [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2229 Maple Street (GPIN 15905022140000). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: June 1, 2021 ■ Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 6,900 square-foot parcel zoned R7.5(SD) Residential District (Shore Drive Overlay). The lot consists of one single-family home containing three bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11 :00 p.m. for a three-bedroom Short Term Rental is nine; however, at the time of this writing, the applicant accepts City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of May 4, 2021 , Host Compliance shows no current/active STR advertisements associated with the subject address. • Considerations: This site is located within the Cape Story by the Sea subdivision, which is primarily home to single-family dwellings. The subject property sits approximately 1 ,500 feet, or .28 miles, from the public beach of the Chesapeake Bay. The applicant's parking plan depicts two of the three required off-street parking spaces within an existing driveway. The third required space cannot be fully achieved due to a slight dimensional deficiency associated with the driveway. To overcome this matter, the applicant is willing to add a small amount of additional parking surface to compensate for the shortfall. The applicant's current parking plan, which shows three stacked parking spaces in the existing front yard driveway, was approved by the Zoning Administrator with the stipulation that additional parking surface be added to address its current size deficiency. As a result, recommended condition #3 was added to the Staff report. Additionally, all other requirements of Section 241 .2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application are provided in the attached Staff Report. There is no known opposition to this request. Mark A. Moore Page 2 of 4 • Recommendation: On April 14, 2021 , the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 2229 Maple 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. Additional driveway surface shall be added as illustrated in the Site Layout & Parking Plan section of the Staff report. The proposed surface material type shall be brushed concrete, or a substitute material approved by the Zoning Administrator. The driveway addition shall be placed within 90-days of City Council approval. A building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 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 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. Mark A. Moore Page 3 of 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 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 one (1) rental contract during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. Mark A. Moore Page 4 of 4 • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: ())'.--V Applicant & Property Owner: Mark A. Moore Agenda Item Planning Commission Public Hearing:April 14, 2021 City Council Election District: Lynnhaven 2. 3 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval brw°° Staff Planner -- 1.- \s William Miller veo cc1 l� 4 � He ya a Location 1 ; d m / 2229 Maple Street f—�°p` a 1. GPIN a \ a 15905022140000 \ \ Nes,,o°�0ad o 6- Lynnhaven Drive y Site Size y s is 6,900 square feet Bre al 94$6 £ r,: d i _ i_ d c ee aoad rS ® Q By ccan A po A m o 0 0 G FiOa 6 Broad Bay d Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential (Shore Drive Overlay) Surrounding Land Uses and Zoning Districts ., North '' -' , 1 Single-family dwellings/ R-7.5 Residential < : ; .� (Shore • Drive Overlay) South •c v+ Single-family dwellings/ R-7.5 Residential .-. , >_ '+ _ (Shore Drive Overlay) ' `_e o --x East , ,,,_ 4k • 4` c >* Maple Street " Single-family dwellings/ R-7.5 Residential t Y ` (Shore Drive Overlay) ` > r West .. .- :4. % 4 Single-family dwellings/ R-7.5 Residential e 4 `i�' s t j , (Shore Drive Overlay) ,A"' ' 71 I r. N 1:- 'R: Mark A. Moore Agenda Item 23 Page 1 Background & Summary of Proposal Site Conditions and History • This 6,900 square foot lot is zoned R7.5(SD) Residential District and is within the Shore Drive overlay. • According to City records, one three-bedroom home is located on this lot and it was constructed in 1966. • Staff inspected the site on March 2, 2021 to observe site conditions and take photographs for this report. • As illustrated on the applicant's parking plan, a small portion of the parking area is deficient in size. As a result, the applicant proposes to add to the existing driveway. Condition #3 is recommended to address this matter. • On-street/right-of-way parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. • Known Short Term Rental activity as of March 22, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A Yes Mark A. Moore Agenda Item 23 Page 2 Short Term Rentals in the Vicinity ** Ott 101 0%$0*" -fr 1,,,-_ 11 toil% la* - -- '' \ ''' % # 0%10 ♦ � yj �♦ ♦l -los"' 1,-----ww_.4.10) 'Poi- '01104. --Ayala sa \ ..-----\---:11:'. 11171.111.11111:11:—11.11:0 :11.1111114‘.......'..... \ o ; .10%0140 00-10V STATUS =ti, .' • Approved ' r��! Alir011110 ' .1 •. • Denied Q Under Reviewl C ',• 0 Registered - \�� ,' Map updated on 03.11.2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6-As recommended in condition#16 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 Mark A. Moore Agenda Item 23 Page 3 .�� o41i o 0 Zoning History # Request �. s �'�46/ 1 NON(Expansion to a nonconforming duplex)Approved ', '/�j�, =s 0 09/28/1993 R9.5\ o �. • o of Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This site is located within the Cape Story by the Sea subdivision, which is primarily home to single-family dwellings. The subject property sits approximately 1,500 feet,or.28 miles,from the public beach of the Chesapeake Bay.The applicant's parking plan depicts two of the three required off-street parking spaces within an existing driveway.The third required space cannot be fully achieved due to a slight dimensional deficiency associated with the driveway.To overcome this matter, the applicant is willing to add a small amount of additional parking surface to compensate for the shortfall. While the applicant's property does contain a detached garage in the rear yard,the location of the HVAC unit on the side yard reduces the travel lane to 6.5-feet in width, which is too narrow to safety allow passage of most motor vehicles. As permitted by Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator disapproved the use of any proposed parking areas in the rear yard due to the narrowness of this side yard passageway. Nevertheless,the applicant's current parking plan, which shows three stacked parking spaces in the existing front yard driveway, was approved by the Zoning Administrator with the stipulation that additional parking surface be added to address its current size deficiency.As a result, recommended condition #3 was added to this report. Additionally, all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2229 Maple Street and the Short Term Rental use shall only occur in the principal structure. Mark A. Moore Agenda Item 23 Page 4 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. Additional driveway surface shall be added as illustrated in the Site Layout&Parking Plan section of the Staff report. The proposed surface material type shall be brushed concrete,or a substitute material approved by the Zoning Administrator.The driveway addition shall be placed within 90-days of City Council approval.A building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 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 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 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except one(1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. Mark A. Moore Agenda Item 23 Page 5 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 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. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021, and April 4, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 22, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 16, 2021 and May 23, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 17,2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 28,2021. Mark A. Moore Agenda Item 23 Page 6 Site Layout & Parking Plan 60.00' 9' x 18' parking space FRAME 50EO I Proposed addition to I g GARAGE existing driveway to create 1 t i one 9' x 18' parking space PWJ7ER wow s \w000� pEac r WOO width rh. \ STEPS woo° between the `" - . IUM►MOuSE I HVAC unit and "r f the property line -.6. ' i : , STORY- 4 BLOCK1. `-'- RESIDENCE #2229 ,v. .r-2 Y' ZY "Fri 40.C' Proposed driveway 4. 1 L I R addition to create one I & �&, 9' x 18' parking space. 2 1 54' 3 lic Maple Street Mark A. Moore Agenda Item 23 Page 7 Site Photos ,i , ,rr E'1_ t,r.,,4. Y ' 2229 Maple Street" 4,- 4. i .' ? • IVi ,,.,.. .r `rig. •1 Wit. Mark A. Moore Agenda Item 23 Page 8 Site Photos 0,,,:-.1::`,:40:..r.I ..=,___:-,,_*-7,1 :„1:ti: Imli':::''F'') a PI iiii•.w ." a ;'' o 41011111 - _ -- i r!1• AI -. r • �'-ISi:_ P _„'_ti- ".gam "" _ 4 $ sw +* "ft Ali. - - -f-►—- - - _- - — • . , j y2, t y r� nF l spy ` jN a '� rf ... -.411irTar.le(4,1k, .. .. 6.5' between the .. HVA unit and he C t �`� --Property line_.-- — t iiiir 63.. si_ Mark A. Moore Agenda Item 23 Page 9 Disclosure Statement Disclosure Statement [ Planning&Comnutnity Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name _ /�`i;te 4. Nook /�ook Does the applicant have a representative? ❑Yes ii No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes I --No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership Interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner In the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 1 P a g e Mark A. Moore Agenda Item 23 Page 10 Disclosure Statement Disclosure Statement `t �. _ :»nnirg&Commnniry Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beachac have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes Ely- • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross collateralization,etc)or are they considering any financing�in�connection with the subject of the application or any business operating or to be operated on the property? ❑Yes EKIk o • If yes,identify the financial institutions providing the service. 2. Does the applic pt have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ pl Yes L�No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes rNo • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provide in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes El/No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I Mark A. Moore Agenda Item 23 Page 11 Disclosure Statement DisclosureStatern• nt City of l i ginn Rerai! Planning&Community Development 6. Does the applicant have a construction contractorrato in connection with the subject of the application or any business operating or L`S to be operated on the property?❑Yes No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ErNo • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services inic nection with the subject of the application or any business operating or to be operated on the property?❑ Yes LJ No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Applicant Signature t2fr �)-. DOOR-& Paopeery Ot, Nt Print Name and Title Date is the applicant also the owner of the subject property? t_'J Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications • ❑ No changes os of Da" 05.04.2021 51pii4iO Will%ta m/M LU.e r In addition, no changes are anticipated Print r William Miller between 05.04.2021 and 06.01.2021—Per the applicant Revised I1.09.2020 3 I P a g Mark A. Moore Agenda Item 23 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Mark A. Moore Agenda Item 23 Page 13 z‘‘O \ \N- IMSCe --\ ______-_-: - .„,., , \--- -Str6 - 0*** ---<--**•10*** w a. 4°-- . Ili \ 0 40011111$` cv--277 * =.0 �' N Q Q .�10. 1 T ,milOo . f >" cr) 0-1--------- ',VA o __- ,..e. -et 01111A LA N , ' \ --- ; o- M6 o o NJ %Iwo" . ____--------- Di > cc .. tt I° ...SA*4% ' -0 cc 0 \viii---1,4-3-10,„ei t.-- ittili,p_:_7,.;,---_-----.------ _____Ififf-- „_______-- 492 a k I tili 1 ill i \\ to*-__ ows i r 0 v. „iiri.,.__,,,,, ,,,,ratwa ____„,„, ,i3,,. t..-s _ « D < *Ai kt . < fo,1141. 76 \.3 . 1070 _,,,,r.. ,i. .-, W114 . () � y( i3 a ; 2 ti ti ' ------ \ Q a Q' ti� F � le .1.41 N o • ao �� r -�r-rrI I 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. Additional driveway surface shall be added as illustrated in the Site Layout& Parking Plan section of the Staff report. The proposed surface material type shall be brushed concrete, or a substitute material approved by the Zoning Administrator. The driveway addition shall be placed within 90-days of City Council approval. A building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 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 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 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 4 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 requiring me to abstain. A written disclosure of this will be provided tomorrow for inclusion in the Planning Commission's formal record. I am a Planning Commission member for the Lynnhaven district. Mr. Weiner: Thank you, anybody else? Mr. Inman? Mr. Inman: Yes, likewise, with regard to the conflicts of interest act, I also am a member of the Virginia Beach Advisory Board of Towne Bank and I make the following declaration with regard to Item 15, Derek and Nicole Howard, Item 17, Oceanfront Investments, Number 18, Festival, LLC and I've made this disclosure and believe I can participate in this application and decision making fairly and objectively and in the public interest, and I will participate and vote on those items. Mr. Weiner: Thank you. Ms. Oliver? Ms. Oliver: Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration; I've chosen to abstain from discussing and voting on Item Number 18, The Festival, LLC, 712 Atlantic Avenue, Virginia Beach, Virginia on the 14th of April 2021 Planning Commission Agenda. I'm party to a court case that is unrelated to this application but a representative of the applicant is involved in the case and I've chosen to abstain to avoid any appearance of conflict. Thank you. Mr. Weiner: Thank you, anybody else? All right, so we have motion by Mr. Wall, a second by Mrs. Klein. You're ready to vote? Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. 2 Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. Madam Clerk: By recorded vote of nine in favor and zero against, Agenda Items 2, 3, 4, 5 9, 10, 11, 12, 14, 16 and 17 have been recommended for approval by consent. Agenda Item Number 18, 23, 26 and 28 have with a recorded vote of eight in favor, zero against and one abstention for each agenda item have been recommended for approval by consent. Mr. Weiner: Thank you, Madam Clerk. Thank you for those who've had items on the consent agenda. They will be scheduled in the future to be on City Council agenda. Now we will move to the items that we will hear. Madam Clerk will take care of that, please. AYE 8 NAY 0 ABS 1 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSTAIN ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. The following conditions shall only apply to the dwelling unit addressed as 2229 Maple Street and the Short Term Rental use shall only occur in the principal structure. 3 _FL_ ,,------,, ,„\\ , _____,_ _:__ R5S- F\ R5S J All)8-- 1 f ) ___r_ _J,1 Norfolk Avenue ., Norfolk Avenue \ \ 'A-12�� RT3 ,. co \Ti2 , ---2 0 , RT3 11. 1111 Street \-----: /9t ,-� R5S * V18 0 , a, i _, Aft A_ , ., II - , c t - P?A Site Kerry Burnham W A& E Property Polygons 400 Norfolk Avenue, Unit B -�� Zoning 1 Building Feet i Parking Lot Drive Aisle 0 15 30 60 90 120 150 180 l- s � i�VYr CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: KERRY BURNHAM [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 400 Norfolk Avenue, Unit B (GPIN 24271452670002). COUNCIL DISTRICT — BEACH MEETING DATE: June 1, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 4,500 square-foot parcel zoned A-12 Apartment District. The lot consists of one duplex building with the subject unit containing three bedrooms. Only one unit is owned by the applicant, Unit B. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11 :00 p.m. for a three-bedroom Short Term Rental unit is nine; however, at the time of this writing, the applicant accepts City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of May 4, 2021 , Host Compliance shows no current/active STR advertisements associated with the subject address. • Considerations: This site is located within the Shadowlawn subdivision and is surrounded by a mixture of uses. These uses include other duplex buildings, single-family homes, condominiums, and a motel. The subject property lies approximately .5 miles from the public beach of the Atlantic Ocean. The applicant's parking plan depicts three required off-street parking spaces; two in the driveway and one in the garage. Because a portion of the existing driveway is 1-foot less in width than the City Zoning Ordinance requires for residential parking spaces, the applicant proposed to add abutting concrete pavers to make up for the deficiency. As of April 20, 2021, the applicant added the pavers to the driveway as planned. As permitted by Section 241 .2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable; however, a condition is recommended that assures the garage will always be available for the Short Term Rental occupants. Furthermore, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. Kerry Burnham Page 2 of 4 There is no known opposition to this request. • Recommendation: On April 14, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 6 to 2. 1 . The following conditions shall only apply to the dwelling unit addressed as 400 Norfolk 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 garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. Additional driveway surface shall be added as illustrated in the Site Layout & Parking Plan section of the Staff report. The proposed surface material type shall be abutting concrete pavers, or a substitute material approved by the Zoning Administrator. The driveway addition shall be placed within 90-days of City Council approval. A building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition (if applicable). 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 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. Kerry Burnham Page 3 of 4 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rentals. 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 one (1) rental contract during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Kerry Burnham Page 4 of 4 ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: ., Applicant and Property Owner: Kerry Burnham Agenda Item Planning Commission Public Hearing:April 14, 2021 /- City Council Election District: Beach 21 City of , Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff1lf� Recommendation tst„Free`" ; -- pp yYrOiOia Be ach9eoNvxgr sst` r __`__ Approval V____ t� w t 5,"St u sa'' Staff Planner 15t„Free` i 1 William Miller '°`"A_ „ �x„street ... ow. t 1 iN Location Zt„stye.` ' s r # 400 Norfolk Avenue, Unit B o Norfolk Avenue y-- ^ ° til'1 9t„$freer Sheet C „ e y G P I N c 9t„$fro et % plleY £ tl..&"E Ave^,e A v 24271452670002 ..q oelaware Aaane 6,street Site Size i Vir9'na �rolma Ave^ue^t Pve^oe ? 5,street 4,500 square feet k:—; I;:i_ii._k, ,._____.__A__:: N° t, te o pve qtn$Ueet ,,,„A Yd street 2nd street Existing Land Use and Zoning District Duplex dwelling/A-12 Apartment Surrounding Land Uses and Zoning Districts North Norfolk Avenue t Multi family dwellings/A 18 Apartment a South 9th Street Single-family dwellings/ R-5S Residential ' ' _ East Norfolk Avenue Arctic Avenue - Hotel/RT-3 Resort Tourist = ` West 1 � • Duplex dwelling/A-12 Apartment 'i 1rn a l 1 B VA- a • . ili!Itfr V: - '... , %, -ki ytt i- .,.. , st Kerry Burnham Agenda Item 21 Page 1 Background & Summary of Proposal Site Conditions and History • This 4,500 square foot lot is zoned A-12 Apartment District and contains one duplex building. The applicant owns one unit within the duplex. • According to City records,this three-bedroom home was constructed in 2013. • Staff inspected the site on March 2, 2021 to observe site conditions and take photographs for this report. • As illustrated on the applicant's parking plan, a small portion of the parking area is deficient in width (8-feet wide verses 9-feet wide as required). Consequently,the applicant proposes to add 1-foot of abutting concrete pavers to each side of the driveway, resulting in a 10-foot wide parking area. Condition #4 is recommended to address this matter. • Parking is permitted 24-hours per day on the south side of the 400 block of 9th Street. Therefore, any overflow parking beyond the minimum parking spaces required could occur within that portion of the public right-of-way. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Known Short Term Rental activity as of March 22, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Kerry Burnham Agenda Item 21 Page 2 Short Term Rentals in the Vicinity 1 _ 11�� a \ \ \ V—, \,\ - gee; ,-1 \ \ , . \ I ‘‘'. 1..ni ort •t illits ,s $ % .t. e AVM. leri c t•1 W r -- A a--:--- ... taw r 00111_ � it11 144tas Ali*OPIII d n Stye 'STATUS 10. '••�r* i4°i l lt. -.w-o"S s 11S11-1f,!1l,-!160!il•t!.r0-7t"\--11-,,0 c+ Ejew Tjt0icj I4 � . 1t Q Registered .. 4 Map updated on 03.11.2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm: 6-As recommended in condition#17 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 Kerry Burnham Agenda Item 21 Page 3 ILJ 1 - R-55 �\ - _ A..t8 1 Zoning History Norfolk Avenue # Request 1 STR(Short Term Rental) Denied 12/08/2020 j• /��- RT•3' 2 CUP(Commercial parking lot) Denied 04/26/2011 Ile��'�- 3 SVR(Width and area)Approved 08/09/1994 o sa o � R-55 A.e Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This site is located within the Shadowlawn subdivision and is surrounded by a mixture of uses. These uses include other duplex buildings, single-family homes, condominiums, and a motel. The subject property lies approximately .5 miles from the public beach of the Atlantic Ocean. The applicant's parking plan depicts three required off-street parking spaces;two in the driveway and one in the garage. Because a portion of the existing driveway is 1-foot less in width than the City Zoning Ordinance requires for residential parking spaces,the applicant proposed to add abutting concrete pavers to make up for the deficiency. As permitted by Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable; however, a condition is recommended that assures the garage will always be available for the Short Term Rental occupants. Furthermore,the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 400 Norfolk 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 garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. Kerry Burnham Agenda Item 21 Page 4 4. Additional driveway surface shall be added as illustrated in the Site Layout& Parking Plan section of the Staff report. The proposed surface material type shall be abutting concrete pavers, or a substitute material approved by the Zoning Administrator.The driveway addition shall be placed within 90-days of City Council approval.A building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition (if applicable). 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 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. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. Kerry Burnham Agenda Item 21 Page 5 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be 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. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 15,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021, and April 4, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 22,2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on April 8,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 16, 2021 and May 23, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 17, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 28,2021. Kerry Burnham Agenda Item 21 Page 6 N rt. I— CO 0 C r+ RO -12 a) A- Proposed 12"wide addition to driveway(12"on each side) LEGEND Material will be concrete pavers,or a substitute material approved by the CM DENOTES LN,' AREA Zoning Administrator,and will compliment the existing driveway color FOR UN-400A 17 , CU N DENOTES UNIT AREA 3 `_` _cCy___ ��`� orfolk 1, roR uNR 40oe `_--_ y� 4� `- - �V�n Up DENOTES COMMON ME WM �`�' �` ` 1 I DENOTES WALL .. V /-GAR ��` DMDING UNITS 4+--- '~_ / _`�_�� DENOTES UNIT LIMIT 1(3 coN;ST r ocr . TOM��—�_� �`�'�.,_ ISO ROOK -` F ` GMT 401A AREA 2.294 SO. T. PORCH AND 4, _ NO FLOOR .,- DECK LOT 1 - `I �"ti,_`_--- ""I OW iae.wF� z rea so.FT r OVAL 1.41E SO.F7 1 I IS ROOK roRDI AND '.-...... - -."-................. ' D 9' . x 1 8' p parking 774 to1YY5 I -, w. FRAME J=- -ao-coLoor1 ; e.F space, ;_ - f _, 3 4001 K, I\ ,I 'JI1I 400A CONCRETE - I \/ I :. r' A/` M ,DRIVEWM" _ Iwo' ` I D 2 I NATURAL I \`,I a i 9' x 18' parking 1 I 1 ii 74x NErER\ 1 �\ -y space in garage At i WV' MIRRS I- I J I 2 _ I I4; J�Ov.I-J Lr i _\,:09,fri 1 S/K 09 r3"N� HEAT .,..6 „G.Jr0l4ATIX;,VFNiIATNC,AND ro L 1 30 RN aaaNOlrw UNITS AO-Caar.ONNG orals // 9th Street D , a4 ro -K 3 Iz -< 0 co c -n ro -, Cif D- a) fv ,.I I-, 3 Site Photos Y � _/ / - ." Arctic,. 4 :i....,:tiffil -.. :it',-Nkrn ' _ r _ _ ___:-_----1-771 ' r"__:_,---.:-7,.:--,::__I-• ,jo 1 '., ____,.., ,i. ,....________„___,__.,:i iii..,..,...___.:.. . _ .. 400 Norfolk Avenue, Unit B -----:._.--- -----::--r':ii ':1--_-_----,- - __.___ _, 00'- -±-v7 MT:1,1,A ..... i -_ . ••• __ _ _ , , ;--4 , _ ,--...,....-„_.,.....„ . .. _ ,.-..„,,,,.------„ ,--.: ..„.-,--, , ..;.,:i.„.„. • , ..... ..„. „._.. _ Kerry Burnham Agenda Item 21 Page 8 Site Photos Li =- 1.11 . ,}�!A il IP I1. - II!� • tI Ii 1milli a 4ia :.:__________. r ../"------ -----.--------- I y • Kerry Burnham Agenda Item 21 Page 9 Site Photos (this page was added on 04.20.2021) Photograph A& B taken and added to this Staff report on 04.20.2021 - •a Recommended Photograph A Condition#4 was completed by the applicant on1'e:� ,� ' 04.20.2021 - • yy i �f •��r.; fir As per the Building Official, no permit was required for the paver Photograph B work shown (04.20.2021) Kerry Burnham Agenda Item 21 Page 10 Disclosure Statement Disclosure Statement Niri3 (tiro n/VaryIn.Meth Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Ke,r r t5�.Nnhan/1 Does the applicant have a representative? ❑Yes CVNo • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 'No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I F Kerry Burnham Agenda Item 21 Page 11 Disclosure Statement Disclosure Statement AB rnm.v ,moo,,., Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ONo • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collaterallzatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? 'Yes ❑ No • If yes,identi the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®'No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?eYes ❑NO • If yes,identify the firm and individual providing the service. J a.c KSa 14e wi r 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 'No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes IrNo • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Kerry Burnham Agenda Item 21 Page 12 Disclosure Statement Disclosure Statement Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes g*No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ($No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes DI No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. k � AppGant Signature ) Kerr 13urwVlQ.wt Print Name and Title J• 13 , Qoai Date Is the applicant also the owner of the subject property? eYes ❑ No * If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date 05.04.2021 signature Walt: m Maier _ LtM.4t�'YV tMKif'. In addition, no changes are anticipated Print Name William Miller between 05.04.2021 and 06.01.2021—Per the applicant Revised 11.09.2020 3 Ira g e Kerry Burnham Agenda Item 21 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Kerry Burnham Agenda Item 21 Page 14 4 - \___________1 _I— _.----------1-- \c-c__ -------,--------Tt-17--. ____-,- -,c---- -4,_____,,,,o---00-4.---- i qk 4 LL; V;cPS- V=;-__ ,,. c: ?i.: ail 10_I_1I-l-t-k-i-t-i- — — Z 'P. 4..j -- Yam_ � — x 2 J0— 0 4' 7 --ti ' 414\11:i''' 1— cc - mi, Ili:Ai. . ._,...____________:_4 z iftisikar - as. ' $0 >4 %� U 0 OA ---) I- 461-.5' Willu *1.014 -o — 0 ------4 mit _ 4 X - to IIII0•,s c. r------;=--- i (1) a "%LI = 4:ali ii 111;!___ , -(„i 1, Wit IP • CD_ i— 2 .0, ,-,- z____tr) �,— Oak 11 7ec---- A . froll'i, ,00110/11% Z M % '4 • ____,,--.,- __ _,e. ..., Tot , IWO D I0 c, so 00 _ p►' t a.' i eta� 1 LLJ 1' - 1 h� \ I o I in Soil I C �• a asao _ � TtY 1 N a r s s - ti Item # 21 Kerry Burnham [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 400 Norfolk Avenue, Unit B April 14, 2021 RECOMMENDED FOR APPROVAL— HEARD Mr. Weiner: On to 21. Madam Clerk: Agenda Item 21; Carrie Burnham, an application for Conditional Use Permit Short- Term Rental on property located at 400 Norfolk Avenue Unit B in the Beach District. Mr. Weiner: Welcome, sir. Please state your name for the record. Mr. Burnham: Carey Burnham. Good afternoon, Chairman and committee members. I'm here seeking your approval recommendation to the City Council for Conditional Use Permit for Short- Term Rental. My wife and I purchased the three-bedroom condo on Norfolk Avenue in December. And we love the idea of being able to walk to the beach and spending time there with family and friends, and just being able to walk back to our condo and rinsing off and enjoy the rest of the evening. We also had thought about the chance to do short-term rental when we purchased and that's obviously some direction, we want to go into the future along with spending time there ourselves. Our children and grandchildren are local. We've been members of -- residents of Chesapeake and Virginia Beach for 30 plus years, 21 of those being in the Virginia Beach,just never got close enough to the Oceanfront like we always wanted and we're there now. But I don't know that we're going to spend all our time there because we also own a home in Chesapeake and I do some traveling as a defense contractor as well. To put the application in and there was -- the parking wasn't wide enough in one section of the driveway. So, you know, this is our home, this is me and my wife's home. we may end up retiring there at some time. We didn't see the feasibility of just adding a foot of concrete that was going to be different color than the rest of the concrete. So right now, as we speak, Winesett Nursery's out there, and I'm having them do a foot all around the driveway of decorative concrete pavers, so it looks cosmetically appealing to the eye. We want to be good neighbors. Speaking of being good neighbors; I've spoken to three neighbors, two that are immediately beside me and the one immediately behind me, where both of our driveways empty out at the same spot on to 9th Street. The one that I really want to express the fact that being a good neighbor is important to us, is the one that we share this condo unit with; the two people that own 400A, as we own 400B. And I looked all these neighbors in the eye and I said these exact words, "It is extremely important to us to be a good neighbor above all". All those neighbors have my wife and my personal cell number. I have security cameras on the outside of the property. And I -- 1 whoever ends up renting this if that happens, I plan on meeting those families in person, saying, "Hey, this is what we're all about and being a good neighbor is the utmost important to us." And all of those neighbors, I have their contact number, they have mine, are in support of us doing this. We just want to be good neighbors. I don't know how else to put that, it's important to us and our home at Chesapeake right now and it's just as important to us at our condo that we just purchased in December. This is new to us. We've never done any type of short-term rentals. So, we did extreme research and we asked the realtor when we bought the place and she sent us to the vbgov/str website and we've just done the application and you know everything, like we've been told and we're supposed to, and I'm standing by for any questions. Mr. Weiner: Any questions? I have a question. Mr. Burnham: Yes, sir. Mr. Weiner: Are you — what Realty Company? Are you using a Realty Company right now for renting or you're doing it yourself? Mr. Burnham: Myself. Mr. Weiner: So, who's -- so if there's a problem where you have to be on site within a certain amount of time, is that you? Mr. Burnham: Yes, sir. Me and my wife will drive from my home in Chesapeake to our condo. Mr. Weiner: Okay. All right, no questions? Thank you, sir. Mr. Burnham: Yes, sir. Mr. Weiner: Oh, hold on a second. Mr. Horsley: I got one question. Mr. Burnham: Yes, sir. Mr. Horsley: You said that you all plan to use it--approximately how much do you plan to use it? Otherwise, you just don't get locked into renting it and just stay there one week a year or something else? Mr. Burnham: Sir, I wish I could give you a number. If it was up to my wife, we would move in there right now and sell our Chesapeake home. If it was up to me, we would do it 50% of the time and help support the income with two mortgages. You know, I wish I could give you a number on that but that's our two differing opinions. And if you've been married for a long time, you'll know that it's probably going to lean more towards what she wants and not what I want, that's -- 2 Mr. Horsley: I've been married a long time. Thank you. Mr. Burnham: Yes, sir. Thank you, sir. Yes, sir. Madam Clerk: We have no speakers. Mr. Weiner: No speakers?All right,we will open it up for discussion. Oh, this is definitely George. Mr.Alcaraz: Well, I did ask to hear it, because my concern was the close proximity of the neighbor next door. I understand it's -- I take it, it is a condo, or it's a duplex condo, individually owned. I know he's increasing the parking area so he can meet those requirements two on site and one in the garage. I just -- I'm here to listen to you, if you guys have any concerns. I don't think I'm supporting it unless I can be swayed differently. But because of the closeness of the adjoining property, looks like there are side doors there and I see a fireplace on the side. I see — so there's probably a living room window there.And I just-- I'm all about enjoyment, quiet enjoyment at your home. So those are my [Audio Overlap]. Mr. Weiner: Mrs. Klein? Ms. Klein: I'm inclined to approve it. It sounds like they really did their due diligence when purchasing the property and so I applaud them. I applaud their realtor for providing them with accurate information, and I think that that is a testament to the type of homeowners and property managers that they would be moving forward. Mr. Weiner: Okay. Mrs. Oliver? Ms. Oliver: So as much as I appreciate his sincerity my problem is that, you know, these run with the land. And as good as a landlord he would be, I would imagine the fact that it is connected to another building that somebody else lives in, and these run with the land, that's what gives me heartburn. Because if they decide they're going to sell in a few years, then somebody else buys it, we've got a duplex with a family or whomever is on the other side that's invested their life savings for a home. And now we've got this short-term rental operating differently, and that's where I stand with these, that are connected to each other. Mr. Horsley: Can you put a time limit? Mr. Weiner: No, because the Conditional Use Permits for Short-Term Rentals are five years, right? Am I correct? For five years, so there has to be --that time limit is already in the ordinance for five years. Mr. Tajan: I mean, technically, there is a time limit already. So, you could recommend a shorter one. Mr. Weiner: Really? 3 Mr. Tajan: You can. I mean it is a —and as far as having to come up -- all we'll do. we will say it will come up for administrative review and renewal at a sooner timeframe. It makes it a little bit more difficult for staff; it doesn't mean it will go away. You can't. I don't think we've been comfortable doing. Have we been comfortable doing the timeframe for Conditional Use Permit since it runs with the land? I don't think so. Mr. Weiner: We were told we couldn't do. Mr. Tajan: Yeah. Ms. Klein: Could we do something like make a condition that they have to notify the Planning Office if they sell the property? No? Mr. Tajan: Technically, if someone wanted to operate a new short term, I'm trying to understand what the -- I guess what we're trying to find. Ms. Eisenberg: You can't limit it to an individual if that's what you're trying to get at, that cannot be done. Ms. Klein: Well, okay. So, my thought is I have the property and I'm selling it. So, I'm letting the office know, "Hey, the short-term rental I had, I'm now moving from this property". So, then the Planning Department can be on notice to either look for a new permit or complaints or whatever for that property. Mr. Weiner: We were always told when we've talked about it before in the past and many years, we can't do that because the Conditional Use Permit runs with the property. If it's been sold, it doesn't matter. It's still running with the property. So, you can't stop the Conditional Use Permit just because the man sold it. But this is the first time I'm hearing it, because I know we've talked about time limits on these things, and I was always under the impression it was five years. We had -- we couldn't make -- come back administratively review in one year, two year, three years. I didn't know that. I would have done some of this long time ago. Mr. Tajan: Well, I think maybe you've been told and I'm sorry. Mr. Inman, I think you have a comment. And so, I'll step back. Mr. Inman: No, go ahead. Mr. Tajan: I think the discussion that's been told is that you can't limit. you can't. There's no comfort to say this goes away in two years, the Conditional Use Permit goes away in two years. What the -- in 241.2, the Zoning Ordinance, it says that the Conditional Use Permit shall come up for review, shall expire after five years and come up for administrative review. That's what the ordinance says. Mr. Weiner: That's after five years. 4 Mr. Tajan: Correct. Mr. Weiner: Okay. Right, but what if we put --what if we make the condition one year? We can't do that? That's unfair. Mr. Tajan: Yeah, I mean. Mr. Weiner: That's unfair. Ms. Oliver: Yeah. This is not fair. Mr. Weiner: Okay. Okay. I mean, that's what I was always told. So that's why I've always said we can do time limit-- or we can't do because it is five years on a Conditional Use Permit. Mr. Tajan: I mean, again, it doesn't -- if it needs to come up for -- again, this is discussing the coming up for review portion, right. So, understanding that, if we get constant complaints for Short Term Rental, we're going to bring it back to City Council to revoke it. We're not -- we're not -- so regardless of it is five years, two years, one year, if I get three safety complaints or one, two safety complaints that are egregious, I'm bringing it back to the City Council to get it revoked. So, I mean, that's -- I don't know if there's any comfort in the number, if that makes sense, so. Mr. Horsley: You know, and I see where Robyn's coming from because you get a very sincere gentlemen come in here, you know, and he acts like he's done all his homework and then for if some reason in four, five years, he gets ready to sell it, and then he'll sell it to anybody. You sell it to anybody and they may not be, you know -- you don't know what kind of tally they're keeping on the property. You know what-- so anyway. Mr. Tajan: I would offer to address that concern. If you look at the staff report on page five, where condition eight is. Condition eight is one that's a standard condition where it requires the owner of the property, if it changes. they're responsible to notify the new property owner to come get a - - to come register with the city. So, this is a standard condition that's already in there. Mr. Horsley: It's already in there, right. Mr. Weiner: They just don't do that. I don't think that's happening. Mr. Inman? Mr. Inman wants to make a comment? Mr. Inman: Well, I find that this is a tough one, for a couple of reasons. One, I do want to support what other people were saying. As we experienced in City Council last week, you know. we've got to be conscious that a property can be resold anytime. But if that's becoming like a major focus, then we can't approve anything. I mean, if you're concerned, so concerned about that, so we've got to look at the review process as being the fallback, as a safety valve, so to speak. 5 And the ability to bring it up for review, if there are problems, anytime that the Planning Department becomes adequately, or Zoning Officer becomes adequately alerted to those things. So, you know, I think we -- like you said, we have a good applicant. Okay, now? What about where this property is located? It's in a resort area. We've got a street behind them, we've got a street in front of them, and we've got on an intersection. I know that that of the interior unit of that thing, but you know, it's not like it's in a really dense area. You know, to me it's one of those that if you meet all the criteria, and you look at where it's located, hard to say. I don't see much reason to say no, because you're worried about somebody selling it next year. They're all -- anybody -- anyone we've approved can sell it next year, next week. Ms. Oliver: So, Mike, where I was going, it wasn't just that. And I agree with you in a lot of points, but it's the fact that it's a duplex. Mr. Inman: All right. Mr. Oliver: So, there's always -- it's married to another building, to another family that's invested. So that's what gives me heartburn with it. So, when you look at these duplexes and that's -- you know, how does that work out? And the fact that it is such a close proximity to the Oceanfront. Yeah, it's a great place for short-term rental, but it is also a great place for short-term rental, so which means that it has all the components to be what we've had a problem with. And I'm not-- it has nothing personally about it, it's just to this gentleman, I think he is -- he would be great. It's just the fact that it is connected to another family that owns a building and it runs with the land, and this is where we are. So, I'm -- Mr. Weiner: Mr. Coston? Mr. Coston: Unfortunately, this is the life that we live. And I think we do a lot of condos in that area, a lot of other multifamily type setups. I want to think we've approved a couple very close to this maybe on the other side of the street. And when you get a good tenant, if you're a landlord, you're happy. You deal with the bad one when you get them and you put them out. That's the life of a rental business and is probably the life of this tenant business for us as representatives of the City. I think it's wonderful that he's done a great job, and I don't think we should penalize him for that. I think we should applaud it. Mr. Weiner: Mr. Inman? Mr. Inman: I'll make a motion to approve the application. Ms. Klein: I second. Mr. Weiner: We have a motion and a second. Jack, you want to say anything? Mr. Weiner: I got -- well I'm torn. I don't know which way to go. I don't know how to vote right now. I agree. I've ridden by the site in the last 30 days, probably 20 times. And I thought to myself 6 wow, it's good. But as Dee says, it's a duplex. What's going to happen in the future. but I don't know. Ms. Klein: Well, I think John makes an excellent point is we have not only approved single-family homes, you know, we've approved individual residences within condo buildings, where there are people who share walls. So, while I am concerned about those people as well, this isn't an out of the ordinary approval, wouldn't be out of the ordinary for us. Mr. Weiner: The one thing Mike said also, it's a house that's not in a dense area. We've got a street in front of, we've got a street behind, we've got a big, nice driveway. Anyway, Jack? Mr. Wall: One thing is you know... Mr. Inman: Did I get a second on that? Mr. Weiner: Yes. You did get a second on that. Mr. Inman: Okay. Mr. Weiner: But hold on a second. Mr. Wall: We'll vote in here. Mr. Weiner: We're still commenting. Mr. Wall: Yep. Is that, you know, we're consistent on what we -- in how we apply it from one application to the next. I've heard some horror stories of duplex, you know, the North End, where it's shared parking. The driveway is shared, and it is a challenge for the adjacent owner to keep them out. But in this case, the parking is separate. So, this is, you know -- I don't know if it's a qualifier, but it may help me make a decision. Just because there's separate parking, they're facing opposite ways. But we have other applications in this today, they're duplexes. So that's something to consider. Mr. Weiner: One other thing I want to add too, if there was any opposition standing here in front of us today, I would be thinking differently. So, I think I'm going to have to support this one. So, we have a motion for approval by Mr. Inman and second by Mrs. Klein. Madam Clerk: Okay. Mr. Alcaraz? Mr. Alcaraz: Nay. Madam Clerk: Mr. Barnes is absent. Mr. Coston? 7 Mr. Coston: Aye. Madam Clerk: Mr. Graham is absent. Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Mrs. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Nay. Madam Clerk: Mr. Redmond is absent. Vice Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. Madam Clerk: By a recorded vote of six in favor and two against, Agenda Item Number 21 has been recommended for approval. AYE 6 NAY 2 ABS 0 ABSENT 3 Alcaraz NAY Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver NAY Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 8 1. The following conditions shall only apply to the dwelling unit addressed as 400 Norfolk 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 garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. Additional driveway surface shall be added as illustrated in the Site Layout & Parking Plan section of the Staff report. The proposed surface material type shall be abutting concrete pavers, or a substitute material approved by the Zoning Administrator. The driveway addition shall be placed within 90-days of City Council approval. A building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition (if applicable). 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 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. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 9 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 one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 10 mill - "\,‘ \W i \ lo,R. 01\ \B„\-- - Ill '7 rest =` OR - 1?th St �� it\riii, , OR 11 gars cv o- Wig 1-. O R ge �h 'a . 0 \i- irgto EA _ _ - \ •• \ \, 0 ' �„ = OR (0-- `\ t.........._.____10 \‘ ik Iv C�11 ..\3 �� IC1 pRo OR, ji;„_,, cv - ii____ \ , �ti ,,, \. Illi- � '� ` � - th`Stre! occali iw. o �� o il ,., set ,. CI Al2 Str o , ! OR i\iii ipp ....,_, ..........- th s�- 6 ___.,. .\- \ "it OR fol. \ .1.,, ,,,,,,,\\ 11 $ , 4- treat �� \ o VllitiAo \rit-01i6thSAv �\ 1OR _- fi1, Im,r\ —\r\ (i *.. ., „• -', \,, • FOR ' 7 0 \\\, 0 R5S '1_ s C ..aw \ . .1, /// site Half Moon Ext, LLC W r 'ywli , 1 Property Polygons 305 16th Street, Unit A Zoning j Building Feet Parking Lot Drive Aisle 0 25 50 100 150 200 250 300 �U'6Ejc ` `� e7 •s; i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HALF MOON EXT, LLC [Applicant] JAMES GOLDSTEIN [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 305 16th Street, Unit A (GPIN 24271647860000). COUNCIL DISTRICT — BEACH MEETING DATE: June 1, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 14,000 square-foot parcel zoned OR Oceanfront Resort Form Based Code District. The lot consists of one mixed-use building type and one detached house building type. The mixed-use building contains retail on the first floor and a two bedroom apartment on the second floor. The detached house is one story and contains one apartment. The applicant owns all of the buildings on this parcel. The subject of the applicant's Short Term Rental Conditional Use Permit request is the two bedroom apartment unit located on the second floor of the mixed-use building. The minimum number of parking spaces required for the Short Term Rental use is one per bedroom, or two spaces in this instance. The maximum occupancy for guests on-site after 11 :00 p.m. for a two-bedroom Short Term Rental unit is six; however, at the time of this writing, the applicant accepts City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of May 4, 2021 , Host Compliance shows no current/active STR advertisements associated with the subject address. ■ Considerations: The subject property lies within the resort area of the oceanfront. The surrounding property consists of a myriad of uses, including, but not limited to, retail establishments, hotels, high and low density residential, and commercial parking lots. Furthermore, the subject dwelling is located approximately 750-feet from the public beach of the Atlantic Ocean. The applicant's parking plan depicts both required off-street parking spaces within the on-site commercial parking lot, thereby, meeting the requirements of Section 241 .2(1) the City Zoning Ordinance. Together with the remaining Short Term Rental requirements found in Section 241 .2 of the Zoning Ordinance, a condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest and temporary passes through the program while the Half Moon Ext, LLC Page 2 of 4 Conditional Use Permit is active. Additional details pertaining to the application are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On April 14, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 0. 1. The following conditions shall only apply to the dwelling unit addressed as 305 16th Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times 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. Half Moon Ext, LLC Page 3 of 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 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 one (1) rental contract during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. Half Moon Ext, LLC Page 4 of 4 • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval.Submitting Department/Agency: Planning Department 6�' /�� City Manager: Applicant: Half Moon Ext, LLC Agenda Item Property Owner:James Goldstein "I\ jl. Planning Commission Public Hearing:April 14, 2021 24 City Council Election District: Beach Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation IFI_ ,,z5`"s" :1,„, ,st"et zetns`ot Approval ( getn Steer 11. — 23. lik W. .�+ y,-st siglalli Staff Planner ". zi 1.11P0 William Miller 2° d 'S 0 Location "' ll 305 16th Street, Unit A 8`°'a �'. '4,5°.aS;�h greet ee c �i GPIN ` " 24271647860000 ,5t„s°'°' A 1 Site Size ,eta steer 2 ptte9 14,000 square feet ,x„steer y <d� ^n,.a tjt"S"e<t y eOr,,,e ,otn S"eet n Norfolk Avenue 9th Sveet tOlh S<jQet 9th SSt,e Sth Stfeet Existing Land Use and Zoning District Mixed use/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North � •• r Commercial/OR Oceanfront ResortOt* —! t,stQe`{ South 16th Street 'e Private School/OR Oceanfront Resort R - East �, b: 4r ,� ... — r Pacific Avenue " Mixed use/OR Oceanfront Resort may_.:- West 0 1 `" \� •• w Single-family dwellings/OR Oceanfront Resort ; \ `'_ ; i ,m 4 +•a Vie .•• '' $. ... f t. — tom+ Half Moon Ext, LLC Agenda Item 24 Page 1 Background & Summary of Proposal Site Conditions and History • This 14,000 square foot site is zoned Oceanfront Resort Form Based Code District. • This property contains two buildings: a larger building and a smaller building. The larger building, which was constructed in 1934, houses retail space on the first floor and one two-bedroom apartment unit on the second. The smaller building, which was constructed in 1982, contains one apartment unit. The applicant is requesting a Short Term Rental Conditional Use Permit for the two-bedroom apartment unit over the existing retail space (the second floor of the building constructed in 1934). • Staff inspected the site on March 2, 2021 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • No previous zoning violations were found relating to Short Term Rentals at this address. In addition, and according to the Zoning Inspector assigned to the oceanfront,the existing hand painted "Beach Parking" sign has been on the property for over 10-years and is acceptable for use. • Known Short Term Rental activity as of March 22, 2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A No • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Half Moon Ext, LLC Agenda Item 24 Page 2 Short Term Rentals in the Vicinity 111 11_, 1WO 0— ' _ __\ ,,,_, e-i '-'-- r to t — _., tp , %., ,,. L . 41111 us. , cs ___-- vs \t_\ oet strill\ .... P \ \ it4i-eg . :1: KSV e-f L1101 STATUS ��® Approved , i ►Ir• &>.... ,�, V------D `. • Denied 11r t.��' R Q Under Review It t f� . \-- 1 QRegsered I ,�il� 0 *rer\ ■■Map updated on 03.11.2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4-As recommended in condition#16 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 Half Moon Ext, LLC Agenda Item 24 Page 3 11t^St NNE^r 1 Zoning History 2 # Request ' 0 -- 1 REZ(A-1 to B-4)Approved 12/09/1985 �" 2 ALT(Alternative Compliance to expand use)Approved 08/18/2015 - ___c—A C O \ ' Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The subject property lies within the resort area of the oceanfront. Specifically, the proposed Short Term Rental use is located on the second floor of a mixed use building. The entire site includes one retail use,two apartment units, and one commercial parking lot. The surrounding property consists of a myriad of uses, including, but not limited to, retail establishments, hotels, high and low density residential, and other commercial parking lots. Furthermore,the subject dwelling is located approximately 750-feet from the public beach of the Atlantic Ocean. The applicant's parking plan depicts both required off-street parking spaces within the on-site parking lot, thereby, meeting the requirements of Section 241.2(1)the City Zoning Ordinance. Together with the remaining Short Term Rental requirements found in Section 241.2 of the Zoning Ordinance, a condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest and temporary passes through the program while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 305 16th Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council, Half Moon Ext, LLC Agenda Item 24 Page 4 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP)shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times 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 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one(1) rental contract during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. Half Moon Ext, LLC Agenda Item 24 Page 5 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors,shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 15,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021, and April 4, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 22,2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 16, 2021 and May 23, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 17, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 28,2021. Half Moon Ext, LLC Agenda Item 24 Page 6 Site Layout & Parking Plan I • 411 I. # '1 IS , a) 0,1 a) Q .[?iiliv4 ; -0,. • — 4 tiF 1 fit, . ISM 3. 1.44 3 —....-.: .:o 1 '! . Img$116'll el. i . !1 t mot �- p r'. 16 ' Streets t A 1 k" Proposed STR location Two permanently assigned 9' x 18' parking 2-bedroom apartment over retail spaces (spaces #31 and #32). The applicant owns the commercial parking lot where these spaces are located. Half Moon Ext, LLC Agenda Item 24 Page 7 Site Photos ,4100 7-``'id 1 _ .. ' 305 16th Street Unit A/Second Floor 19 ...r w.sc s� a • d Half Moon Ext, LLC Agenda Item 24 Page 8 Site Photos -.! , -1---— I •,;:it- -------7V•it`. '', . ... 6 , .„_ •- -.'. , .,, --- L- : - - .. .E .t._.„ , . et-10.Y.TP •IMAMS MI SW --1.,40.' . -:,.--it..-• irh , ---::,-..r., _itii, .,_Skiiiir.___A_ _e: .• ._, ..iiiiiiiiiimaimill. ... ' . "I' . :-.., ,,,•.„......,_,.____ _ :y ii c __. , _,-..,,, _-_ — . . . , . ....... _ ., ::::..- 4 ..1 .-I., .... No.,.....,...,,,,, ,,.,,, ., 1 _ _ . . ....--- - ._ I ---- ..-- Aki_-'!:"---;:, --- - - ----*r. .con.....sum - ..• i . s'I'',--- -.1 ' ,,_.--, .... , amikAL -... ''. __,::_•:... Aim. e- - , --'-'4*- ' ., .....„-v.-4.-; .---71:—' -*/ --------4------ 114.----17-------- . ...„.., # .. —•",„.... II• . -_ .. _ _ _ - ' \ / Assigned on-site parking spaces for proposed Short Term Reiff151-----.: ---: - -' - Half Moon Ext, LLC Agenda Item 24 Page 9 Disclosure Statement Disclosure Statement Planning&C murtunit- Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Half Moon ext Ilc Applicant Name Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. Richard Goldstein is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? W Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Richard Goldstein(sole owner of l LC) • If yes,list the businesses that have a parent-subsidiary'-or affiliated business entity relationship with the applicant (Attach a list if necessary) Hall Moon(305 16th st) '"Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Half Moon Ext, LLC Agenda Item 24 Page 10 Disclosure Statement Disclosure Statement \113 Planning&Community Development —s' Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes lip No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes Nii. No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes IR No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes el No • If yes,identify the purchaser and purchaser's service providers. Half Moon Ext, LLC Agenda Item 24 Page 11 Disclosure Statement Disclosure StatementVi3 t k; Y4yor,aeai; Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IV No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes It No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CEPA,Wetlands Board or any public body or committee in connection with this application. ' pp licantSi`nature Print Name and Title I' -XI Date Is the applicant also the owner of the subject property? ❑Yes No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be undated two j2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ "e dineres es of Date 05.04.2021 s1O"°m° W UUi Gi.vw M i.11 P.Y In addition, no changes are anticipated Print Mane William Miller between 05.04.2021 and 06.01.2021—Per the applicant Half Moon Ext, LLC Agenda Item 24 Page 12 Disclosure Statement Disclosure Statement VB <'ey'y'4'syrc Planning&Community Development Owner Disclosure Owner Name Jim Goldstein Half Moon ext Ilc Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes l>• No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship indude that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Half Moon Ext, LLC Agenda Item 24 Page 13 Disclosure Statement Disclosure Statement C. ::,:. Planning&Cottlfnunit� Developmr>nt Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes I! roc • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? O Yes ■No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 1111 No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes .No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ■No • If yes,identify the firm and individual providing the service. Half Moon Ext, LLC Agenda Item 24 Page 14 Disclosure Statement Disclosure Statement &Ct 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes MI No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,(SPA,Wetlands Board or any public body or committee in connection with this application. Owner Sign — Janre`s Goldstein-Owner Print Name and Title Date Half Moon Ext, LLC Agenda Item 24 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Half Moon Ext, LLC Agenda Item 24 Page 16 -HOZ-17O-SO uo palepdn \0t L---- ___,-I-N ___.\ 12)t f }Z' 1�T11paJ 1 Isa Gab 0 j.. ..., ,' � � ti�ainab Japun AI . aiva i� ta \, a - p a • v ., , , V 1S- panoiddy 0 Alt �� 4. di snivis ql: '.:4' A.N - , ... ::,..._ � t,t . ,t1';:,_,,,: „.....--4. \ \ . ii-116 1 v _____. ..____--,-_----- ,,,c_\,_ '-'7: A Ikv*,,,,ruiw_r-____-:-- ---_ -\P\-1-,:y.\\ .- . 2 -\- • Y :... VI *.0 en 1----\ \ ' .u....--.1\ w____, ,(______ icii %613.1\-- ...-AN A ,�- _ -N- 1 ti ". 1 `. -' AS-u ll8 \-- ' "A 7 1 . r 1 tw '-'6:1 -:-..-3' li 4 -----1 'ic ---\----3 ----- ''' • ae0:- ' .________ 2.3 .\- .-1 10\k\ ____-.- - %%I ----Parj:\ -'‘,e1-3._61 la"a� • `d IINfl 11112:US H19Z SUE -311 '1X3 NOOVV I1VH dVW AlI .: IJIA IlS At some point, my business may grow and I may need to use the space upstairs for storage or office space, and then I don't want to go through an eviction to deal with that. I don't really plan to profit on this very much, just kind of recoup some of the rental, whatever I get on that. I believe we've already been recommended for approval. Mr. Weiner: All right. Mr. Goldstein: We have our parking spaces in. Yeah, go ahead. Any questions? Mr. Weiner: I don't have—anybody have any questions? Mr. Alcaraz: Yeah. Mr. Weiner: George has a question. Mr. Alcaraz: Well, I just had, I think -- I actually think you have the support up here. I just had a couple questions. I know there was a fire some like eight years ago. Mr. Goldstein: Was in 2009 I believe. Mr. Alcaraz: Okay. Mr. Goldstein: Everything upstairs has been totally redone in that apartment. Mr. Alcaraz: Permits, all that. Mr. Goldstein: Oh yeah, because it was all done by the insurance company. Mr. Alcaraz: Sure. Mr. Goldstein: I know there's fire alarms up there. Smoke alarms, I think there's four of them throughout the whole unit. Fire Extinguisher is up there. Mr. Alcaraz: Okay. And Unit B, what's your? Mr. Goldstein: So, Unit B generally is used as my office, mostly. Mr. Alcaraz: Okay. Mr. Goldstein: Yeah. Mr. Alcaraz: All right. That's all I have. Thank you for letting me know that. Mr. Goldstein: Okay. 2 Mr. Alcaraz: Having said that, I make a motion to approve. Mr. Weiner: Got the motion for approval and the second? Second by Mr. Horsley. Motion for approval by Mr. Alcaraz, second by Mr. Horsley. Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham is absent. Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent. Vice Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner. Mr. Weiner: Aye. Madam Clerk: By a recorded vote of eight in favor, zero against, Agenda Item Number 24 has been approved. • AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT 3 Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. The following conditions shall only apply to the dwelling unit addressed as 305 16th Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times 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 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 4 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term 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 one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 i ili \II I Olt ,W _ s'„ 1 Amie vo at .:\ ,art1 14o Oil 1\\49 ;1 co 0 O(PiW \ 7,, `d,,,,,.. 1\ " - , la..1 _ce to 0 40 : p vAi; ,Ave1 ' rC N. c., ___ , ,„,, • = e�'pa ! it �0 kienu,f)--aeille .10°% gat IA w., r---- viol, _ 10 to 1 \ N ,....,,0•0 \ 1 ___- li,,, 0 -0- *\ ;I-7c c :,-• a -_N ,I \ ,, kc- \\Ali-- 011;\ ! N ` 110. 1 d � I.. • `` as ,i`-N, �• i ri; c 1 0 r-,�t loc4 • i \ c \' ° u '\\\1U*, '6 a '\ W\.\ ',fatoi)lli i ( ist1/ **‘. 00 1 iia, �, o i'-'dN� M Cd 01 0 , ue �r- ='J d�'`� a , •xrei-�c Aven %4— ids . �� `s4.12 .1110 `C) .0 - - , 19 tritt_---At iiit 0 ---. C4------- (.4 i WO 0 � N 0, O > IIII: o• cc in 0_ N m 0- � cell �b�1��e8 CO t°' 0 0 o0 �a. 0 ter-`".1 < re` �-- f•, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: VICTORIA MASON [Applicant] DOMINIC MASON [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 304 28th Street, Unit 207 (GPIN 24280028662007). COUNCIL DISTRICT — BEACH MEETING DATE: June 1, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 53,385 square foot multi-family property zoned OR Oceanfront Resort Form Based Code District. The lot consists of 42 condominium units, with the applicant's unit containing two bedrooms (Unit 207). The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or two spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a two- bedroom Short Term Rental is six; however, at the time of this writing, the applicant accepts City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of May 4, 2021, Host Compliance shows no current/active STR advertisements associated with the subject address/unit number; however, there are multiple active STR listings for 304 28th Street without accompanying unit numbers. • Considerations: The property is located within the resort area of the oceanfront; specifically, this unit is within the Playa Rana Condominium development. The subject site lies approximately 900 feet from the public beach of the Atlantic Ocean. The applicant's parking plan depicts two permanently assigned on-site parking spaces, which meet the requirements of Section 241 .2(1) the City Zoning Ordinance. Furthermore, all requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On April 14, 2021 , the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Victoria Mason Page 2 of 3 1 . The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 207, 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 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 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- Victoria Mason Page 3of3 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term 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 one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: pkp Applicant:Victoria Mason Agenda Item Property Owner: Dominic Mason j' Planning Commission Public Hearing:April 14, 2021 26 City Council Election District: Beach Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation \ <, ( t.� Approval 0.'1. \...... t 3Atn 5 pOp Street „be 35rd Staff Planner a,po"a 3206 St rQet A Summer Peebles n Road .t la`+k 5pth Slreel � Location o vs,Street 304 28th Street Unit 207 f- --2st"str e S , m2gr eet G P I N �[(\ n fififififiMMMMM�� \ 260 street ' a t. 24280028662007 3 t `, Site Size ,_ e ,7 v 53,385 square feet r 42 '"n S 23rd street . 10,444eet A Street �. 22nd Str 1: -'7'--�� 2t st street !""`i _ 20th street Existing Land Use and Zoning District �T Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North • .. Tw An / 28th Street �?�► �' • , A"° ' - 4 Hotel/OR Oceanfront Resort ' ° '+4 ` South 27th Y2 Street (alley) , %'isc, '•. : a , ,,-' rr. Apartments/A 12 &A 36 Apartments ,_%ram e? �.'A_ z t, a °I East ' '7 eau, fA 1.:; .. Commercial/OR Oceanfront Resort - W �' , •` * t West - - . 27t1's-s „ •4 • Commercial/OR Oceanfront Resort , , --,,; ‘ 4r‘;. 1 a 5' tee; `. , t lie) . I Vel‘ � .. t tnn‘a� s- 1�t s . Victoria Mason Agenda Item 26 Page 1 Background & Summary of Proposal Site Conditions and History • The site is approximately 53,385 square feet and is zoned OR Oceanfront Resort District. • The property consists of a three-story, multi-family condominium building containing 42 units. Designated parking spaces are provided on-site. City records indicate this building was constructed in 1985. • Staff inspected the site on February 17, 2021 to observe site conditions and take photographs for this report. • Parking along this segment of 28th Street is metered so this property is not eligible for the Residential Parking Permit Program (RPPP) • City Council previously approved a Conditional Use Permit for Sunray Court Associates, L.P. in April of 1996 for 'Housing for the Elderly'on the subject site.This building now operated as a condominium known as Playa Rana; therefore,the previous CUP for Housing for the Elderly is no longer active. • Known Short Term Rental activity as of 03-12-2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE Yes (Under Previous Owner's Last 181-365 days (Under Previous Yes (Under Previous Owner's Name) Owner's Name) Name) • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven- day period to one and limiting the overnight guest calculation to two per bedroom. Victoria Mason Agenda Item 26 Page 2 Short Term Rentals in the Vicinity - ' li - ` / } �b _ _ '' ��- , • -- 1 tier'. El lii.iiill , t ,i1....11,111114"411114" igiesrikt ', \ ' STATUS iii11; 1� t� v 10" - I • Approved -- lit �F+ t • Denied itr�bill -c__,"''101 y V , • Under Review - istc ft i.. O Registered .� ,�l%. �1 ■ k. ` r , Map updated on 03.11.2021 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4-As recommended in condition 15 • Number of parking spaces required (1 space per bedroom required):2 • Number of parking spaces provided on-site: 2 Victoria Mason Agenda Item 26 Page 3 3 .?M\ — -j3 \----2\ ls. � , \ Zoning History �/ U Request _` .. �— zr�„sv«/-_ Ob R 1 ALT(Hotel,Apartments, Parking Garage along 27th Street) Approved 11/13/2018 R I p.: /,�� 2 CUP(Housing for Elderly)Approved 04/1996 � ,- 3 STR(Short Term Rental)Approved 09/08/2020 „��.r \_;\____ \--,, 4 STR(Short Term Rental)Approved 09/08/2020 og Zo 541136, i ins""` 5 STR(Short Term Rental)Approved 09/08/2020 �Q o� " aa �� \DR k.tz n�V'11jj\'� �--11` tS Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This Short Term Rental request is for one,two-bedroom unit within the Playa Rana Condominium complex. The 42-unit condominium complex is located three blocks west of the public beaches of the Atlantic Ocean, an area of the City where Short Term Rental use is common.There are two assigned on-site parking spaces that will be used to fulfill the parking requirement. Furthermore, it is Staffs opinion that all other requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 207, 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. Victoria Mason Agenda Item 26 Page 4 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 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 one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be 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. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Victoria Mason Agenda Item 26 Page 5 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021, and April 4, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 22, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 16, 2021 and May 23, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 17, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 28, 2021. Victoria Mason Agenda Item 26 Page 6 Site Layout & Parking Plan \ ‘-- ‘ \ \ \ \ , - 1 1...1k\i, \a€`: i i1 ' ir - r - y_• 0) N 1 , oA G • L3 : ,:_' i; 0 L 01 r ` r G N l j �L < !. ,‘1 I ' -,.. :, ---' :*-fit3 , _ r 1 1 , __‘ e'er` d . --"' l a t,- t t G a, t.43 C \ . rn V cN I -- !'` - A • r t✓ V.14 • `_ t � % f 1 -i- 1 Victoria Mason Agenda Item 26 Page 7 Site Photos -.... . , _...._ , , i , -,.., 4 i. , _. .. r 3 , .,..._. _.... ,..._ :. J., . ,_. , . : i :-, , , ,• . . .. • nill, -1-,_ --_, _ „. ---------------. -------___ :' _____ ______ ,. : , .„, ., r.• mr17. ' __,----±___'----_-_-__-.1 10, Nit � :, = II= 1 __ a6 , ;, ,F .- - �' Victoria Mason Agenda Item 26 Page 8 Disclosure Statement Disclosure Statement Manning&('tsmnlnnity _s— Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body Applicant Disclosure Applicant Name Victoria Mason Does the applicant have a representative? 0 Yes IS No • d yes,list the name of the representative Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes I No • `yes.list the names of all officers,directors,members,trustees.etc.below (Attach a list if necessary) • ▪ if yes,list the businesses that have a parent subsidiary'or affiliated business entity'relationship with the applicant (Attach a list if necessary) ''Parent subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns snares possessing were than 50 percent of the voting power of another corporation See State and local Government Conflict of Interests Act,VA Code42.2 3101 '"Affiliated business entity relationship"means"a relationship,other than parent subsidiary relationship,that exists when p)one business entity has a controlling ownership interest in the other business entity.(iii a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entices Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets,the business entities share the lice of the same offices or employees or otherwise share activities resnurres or personnel on a reg.itar bass,or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act Va Code 422.3101 11• Victoria Mason Agenda Item 26 Page 9 Disclosure Statement Disclosure Statement ir�,ll Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes I♦No • if yes,what is the name of the official or employee and what is the nature of the interest') Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralizatlon,etc)or are they considering any financing m connection with the subject of the application or any business operating or to be operated on the property' ❑Yes ■No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property} ❑Yes ■No • if yes,identify the real estate broker/realtor 3. Does the applicant have services for accounting and/or preparation of tax returns providee in connection with the subject of the application or any business operating or to be operated on the property,■Yes 0 No • if yes,identify the firm or individual providing the service. Morelli and Associates,3182 Golansky Blvd,Woodbridge.VA 22192 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the r. the application or any business operating or to be operated on the property?0 Yes if No • If yes,identify the firm or individual providing the service. S. Is there any other pending or proposed purchaser of the subject property,Li Yes ■No • if yes,identify the purchaser and purchaser's service prus tiers Victoria Mason Agenda Item 26 Page 10 Disclosure Statement Disclosure Statement ti I'IIltliill; t UIB1rtitlfdt Pt a lui nncnt 6. Does the apolcant ruse a construction contractor§t connection with the subject of the apphcat•on or ar.t business open;tang or to cr oper:tcd or the property?0 Yes a No • If yes,Identify the construction contractor, 7. Coes the apo':cart have ar engineer/surveyor/agent;n connection with the subject of the apoluatien or any business operating or to be operated on the property?0 Yes I No • if yes,identify tieeng:ceer'surveyor/a gent. B. is the eppI•ca^t recening legal services in connection with the subject of the application or arty business operating or to be ccerated on tee property?0 Yes t No • if yes,.deru'p tae name a`the attorney to f.rm providing legs!services Applicant Signature I certtf,tart rl'of t-e te'oe-nation contained.n this Dtsc'tosure Statement Form is complete,true.and accurate :uncierst-nr that upon receipt of not f.cat-on tnst the applcatior has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VSDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ApplicSnINgnatureVictoria Mason App.:rant PrIM Name end Title 1/28/2021 Date -- --is the applicant also the owner of the subject property? 0 Yes I No • If yes,you do not seen:0 out the os nor c Stalr•Ini•n'. FOR CITY VS(ON1Y/All disclosures must be updated two(2)weeks prior to any Planning Coin •"r.�r that pertains to the applications m h==eantr.a, wt.T ,tL l s, i riM N•r•• J I � it Victoria Mason Agenda Item 26 Page 11 Disclosure Statement Disclosure Statement V2P Plnnnin; k ('iumm�nitr Doti elopment Owner Disclosure Owner Name Dominic Mason Applicant Name Victoria Mason Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes No • If yes,list the names of all officers.directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public act-on?0 Yes ■No • If yes,what is the name of the official or employee and what is the nature of the interest? '`Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and local Government Conflict of interests Act.VA.Code§2 2-3101 "Affiliated business entity relationship"means"a relationship,other than parent subsidiary relationship,that cysts when(i one business entity has a controlling ownership interest in the other business entity,pi)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles,there are common or commingled funds or assets the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis,or there is otherwise a close working relationship between the entities." See State and local Government Confl-ct of interests Act,Va -±de422-3101 51 Victoria Mason Agenda Item 26 Page 12 Disclosure Statement Disclosure Statement Owner Services Disclosure 1 Does the Owner have any existing financing(mortgage,deeds of trust,cross-collatenilzatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the propeR,' ❑Yes ■No • if yes,dentify the f nannal institut,ens 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sates of the subject property"? ❑Yes ■No • If yes,identify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?U Yes 0 No • It yes,identify the firm or individual providing the service. Morelli&Associates,Woodbridge,VA 22192 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes U No • If yes,identify the firm or individual providing the service 5. Is there any other pending or proposed purchaser of the subject property?0 Yes •No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor:n connection with the subject of the.e .,t o. _ .. to be operated on the property?0 Yes •No • If yes,identify the construction contractor 7. Does the Owner have an engineer/surveyor/agent in connection with the subject o' or to be operated on the property?0 Yes •No • if yes,identify the engineer/surveyor;arnt Victoria Mason Agenda Item 26 Page 13 Disclosure Statement Disclosure Statement Plann'' ,&C'nmmntih' . - Ili"elopment „\._ 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes MI No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I cei ldy loal al.ut tae udormation contained in this Disclosure Statement Form is complete,b ue,dnd au.ut.nc ..I.... ....m;t,... upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or anypublic body or comrnrttee in connection with this application. Owner Signature Dominic Mason,Owner Print Name and Title ti2e/2o2t Date Victoria Mason Agenda Item 26 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Victoria Mason Agenda Item 26 Page 15 ZZOZ-t,0-50 uo palepdn .,. \ :\vs41',f,, \vItzIii_To,7 aia siba �8 -A„. \::;t4 111 �,�� 7 tv,ainab Japuri t paiva4 t - i • 1-eD:c\--1.1‘) _,_ panoaddy 0 ' �. , 1 _:;SZ �09 snldls c. --- .,___\__:_r_i p • \ VS/f . _,--___,----- 0 _ - iiA --%-- -, \ 4' q - \ % , ,'\----_,:c-i117 i ti vie x ZZ ci C \ el a, \i..,lilt .2 A 1 \‘\ / ik:...,i.ettl ' ____ _.0 \ '' i -.. '''.--'—IklitIr Vol,1, V/7 N � �, (_ r �- �, "`� 1 .,,,i3O - = a , '1 1 l .. q J-' .___ :i .-‘' I 1,' \ '). --__------ -- VIII ---- 1 tA, -\\-;:7- \ \ -- \VII -' -,--- ----7-- --- t 'like') $"-j J LOZ 1INl 1331:I1S H181 t'OE - NOSWW VIHOIJIA dV: -' A1I :' IJIA LLS Item # 26 Victoria Mason [Applicant] Dominic Mason [Property Owner] Conditional Use Permit (Short Term Rental) 304 28th Street, Unit 207 April 14, 2021 RECOMMENDED FOR APPROVAL— CONSENT Mr. Wall: Okay, thank you. All right, the Planning Commission also places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. The Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include Consent Agenda Items Number 23, 26 and 28. So yep, that was the last item on the Consent Agenda. Okay. So, with that being said, I move for approval of agenda items 2, 3, 4, 5, 9, 10, 11, 12, 14, 16, 17, 18 and on the Short-Term Rental, Consent Agenda 23, 26 and 28. Mr. Weiner: We have a motion by Mr. Wall, do we have a second? Ms. Klein: I second. Mr. Weiner: Seconded by Mrs. Klein. And I think we have a couple of abstentions here. Mr. Graham: Thank you Chairman. Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion and vote on Agenda Item 15, Derek and Nicole Howard, on Agenda Item 17, Oceanfront Investors and Agenda Item 18 Festival, LLC. The applicants have financing through Towne Bank at 297 Constitution Drive Virginia Beach, Virginia 23462 and I am on a committee at Towne Bank. However, I am not involved in any decisions made at the bank nor do I have a direct financial interest in the bank. As such, I have made this disclosure and believe that I can participate in these transactions fairly, objectively and in the public interest and will participate and vote on these items. Please record this declaration in the official records of the Planning Commission. And then I have another item here. I am making this disclosure regarding the discussion and vote on the application of Short- Term Rentals. These are Agenda Items 19 through 28. I am abstaining because I believe until City Council has heard Planning Commission's recommendation regarding Short Term Rentals in the Old Beach area, as well as Planning Commission's recommendation regarding Short Term Rentals from the March 2021 public hearing, we should not hear another Short-Term Rental. I believe this is necessary to provide guidance to the Planning Commission so that we are able to be consistent. I do not have a conflict 1 requiring me to abstain. A written disclosure of this will be provided tomorrow for inclusion in the Planning Commission's formal record. I am a Planning Commission member for the Lynnhaven district. Mr. Weiner: Thank you, anybody else? Mr. Inman? Mr. Inman: Yes, likewise, with regard to the conflicts of interest act, I also am a member of the Virginia Beach Advisory Board of Towne Bank and I make the following declaration with regard to Item 15, Derek and Nicole Howard, Item 17, Oceanfront Investments, Number 18, Festival, LLC and I've made this disclosure and believe I can participate in this application and decision making fairly and objectively and in the public interest, and I will participate and vote on those items. Mr. Weiner: Thank you. Ms. Oliver? Ms. Oliver: Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration; I've chosen to abstain from discussing and voting on Item Number 18, The Festival, LLC, 712 Atlantic Avenue, Virginia Beach, Virginia on the 14th of April 2021 Planning Commission Agenda. I'm party to a court case that is unrelated to this application but a representative of the applicant is involved in the case and I've chosen to abstain to avoid any appearance of conflict. Thank you. Mr. Weiner: Thank you, anybody else? All right, so we have motion by Mr. Wall, a second by Mrs. Klein. You're ready to vote? Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. 2 Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. Madam Clerk: By recorded vote of nine in favor and zero against, Agenda Items 2, 3, 4, 5 9, 10, 11, 12, 14, 16 and 17 have been recommended for approval by consent. Agenda Item Number 18, 23, 26 and 28 have with a recorded vote of eight in favor, zero against and one abstention for each agenda item have been recommended for approval by consent. Mr. Weiner: Thank you, Madam Clerk. Thank you for those who've had items on the consent agenda. They will be scheduled in the future to be on City Council agenda. Now we will move to the items that we will hear. Madam Clerk will take care of that, please. AYE 8 NAY 0 ABS 1 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSTAIN Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 3 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 207, 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 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 one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 4 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 _,.W' ' wir---%"'t w 1 li IX 11111r - -c‘. LiJ Olt ,fx rug vm GI40. ,0 1 _ VI ii-_ LIk � � p► co to W �� ,�' \d i 0 N ":.-:-----Or.• -..7,0 A ,..,w a,� 0 e I, ,i re \ _ -- n ' O r ,N _ ;,„-pVer . �� Pac Mo ac•�f�e A Vet , �' `P . ��., _- � � rN ir 1 \\\\ " \rn\° tie -r-- .„_,Ai , *-.--.--- -,;,4‘'e:, , --(a, 7 ,,, it \ ,--:e. = ._ 1 1 \,\TO - Ill 7(' - *,\%0 ,C NI,4\1111 = tc; ‘ ') s_____ \ \t‘' I CD jr-it- N n a � \ o 111------- - IX lair \ 1 IR-CC -1011111 -11‘ r V I. 54 \a° Ce Eli litli it ;It\k/ = -4E, 3 :61%1: st11,--.1 .\ 8 °A 1 001-, „ \ \, Niel o Col,� 4d Of t %,�N � 0 F enue r� d iikrIwwetie g ��a • co --t: 1 10-tw 4.0 th- -11co ,\,, c‘ .11._ \\ it) r= , 6 N� N , Q ` `• (n O �, Q O o' o 0 qo .t— \ j 0 o �, o Y ., -- ..0 1,1 cn CL N CO 11 ter_- t 0 _ i Q '� ilise_ Nit, -,:w CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: COLIN TOMLINSON [Applicant] JASON WALKER [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 304 28t" Street, Unit 111 (GPIN 24280028661011). COUNCIL DISTRICT — BEACH MEETING DATE: June 1, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 53,385 square foot multi-family property zoned OR Oceanfront Resort Form Based Code District. The lot consists of 42 condominium units, with the applicant's unit containing two bedrooms (Unit 111). The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or two spaces in this instance. The maximum occupancy for guests on-site after 11 :00 p.m. for a two- bedroom Short Term Rental is six; however, at the time of this writing, the applicant accepts City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of May 4, 2021, Host Compliance shows the property as advertised for rent through VRBO with a minimum 5 night stay. • Considerations: The property is located within the resort area of the oceanfront; specifically, this unit is within the Playa Rana Condominium development. The subject site lies approximately 900 feet from the public beach of the Atlantic Ocean. The applicant's parking plan depicts two permanently assigned on-site parking spaces, which meet the requirements of Section 241.2(1) the City Zoning Ordinance. Furthermore, all requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On April 14, 2021 , the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Colin Tomlinson Page 2 of 3 1 . The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 111 , 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 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 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- Colin Tomlinson Page 3 of 3 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term 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 one (1) rental contract during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department L� 0 City Manager: PO Applicant: Colin Tomlinson Agenda Item Property Owner:Jason Walker Planning Commission Public Hearing:April 14, 2021 28 c rn, ,/ City Council Election District: Beach Virginia Beach Request Conditional Use Permit(Short Term Rental) Staff Recommendation ` \ / / Approval ,.)11-- Ar:--A..\ ( p otub°° , sxe"" Staff Planner s a �� 'Summer Peebles Loo."°4 x„,su•o \ Location -illir 304 28th Street Unit 111 ` GPIN Y 251h su e.l l 24280028661011 1 80.swot Site Size t 53,385 square feet r I \ Existing Land Use and Zoning District Multi-Family Dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North •t, 28th Street NV ! It; a, �� Hotel/OR Oceanfront Resort a ' South �� r!�i ? ' av„',`i 27th 1/2 Street(alley) t i t V t * r m ; Apartments/A-12 &A-36 Apartments �0 .. ., w ¢ ,, East 0- ott, t, �, ,•..-' ''� - Commercial/OR Oceanfront Resort •_ f ' ,� a 2,�1�1 West el 4. ,h Commercial/OR Oceanfront Resort :, aa. '4it ice,. 2T Ham h Sue l -''' . 0 F pp h reel Colin Tomlinson Agenda Item 28 Page 1 Background & Summary of Proposal Site Conditions and History • The site is approximately 53,385 square feet and is zoned OR Oceanfront Resort District. • The property consists of a three-story, multi-family condominium building containing 42 units. Designated parking spaces are provided on-site. City records indicate this building was constructed in 1985. • Staff inspected the site on February 17, 2021 to observe site conditions and take photographs for this report. • Parking along this segment of 28th Street is metered so this property is not eligible for the Residential Parking Permit Program (RPPP). • City Council previously approved a Conditional Use Permit for Sunray Court Associates, L.P. April 1996 for 'Housing for the Elderly' on the subject site. This building now operates as a condominium known as Playa Rana; therefore,the previous CUP for Housing for Elderly is no longer active. • Known Short Term Rental activity as of 03-12-2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A Yes (Under Previous Owner) • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven- day period to one and limiting the overnight guest calculation to two per bedroom. Colin Tomlinson Agenda Item 28 Page 2 Short Term Rentals in the Vicinity "'\.../___ Z__,,,,-----,_ 4*0 Ca\,...' sre aisi __.„,, ,,--------------------;,. , \\ ,,__ nth 4 24 11 opt .o - , !, 4 9ti _ el y'� 00 f • /, 2T strut - . 01 the, 1' T. v-i- \c, k . so _ t_._t_-_-------- s., STATUS t J 1 0 Approved 1 ,` � treed • _ '' Denied y _ @-1' Q Under Review �x=. ---- ` .t et' .... , �`[ Map updated on 03.11.2021 C 1,` 1 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm: 4-As recommended in condition 15 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 Colin Tomlinson Agenda Item 28 Page 3 1 Q OR o L --------- Zoning` ': �' Zoning History # Request 2st�.•� 1 ALT(Hotel,Apartments, Parking Garage along 27th Street) 4 is R J��/ � ` Approved 11/13/2018 / � ` 11 � ' 2 CUP(Housing for Elderly)Approved 04/1996 k r �,-�j�. ` , 3 STR(Short Term Rental)Approved 09/08/2020 3 g ,S r= 4 STR(Short Term Rental)Approved 09/08/2020 0 5tceet O �B z o� e - a» 5 STR(Short Term Rental)Approved 10/20/2020 0 -cbs,- _i_____\--1--- . _. ---------\ \0,. A-12 ,. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This Short Term Rental request is for a one,two-bedroom unit within the Playa Rana Condominium complex. The 42-unit condominium complex is located three blocks west of the public beaches of the Atlantic Ocean, an area of the City where Short Term Rental use is common.There are two assigned on-site parking spaces that will be used to fulfill the parking requirement. Furthermore, it is Staff's opinion that all other requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonable met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 111, 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. Colin Tomlinson Agenda Item 28 Page 4 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 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 one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be 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. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Colin Tomlinson Agenda Item 28 Page 5 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 15,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021, and April 4, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 22,2021. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on April 8,2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 16, 2021 and May 23, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 17,2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 28,2021. Colin Tomlinson Agenda Item 28 Page 6 Site Layout & Parking Plan \ \ \ ‘ V/ ,....t\ \ \ \ __ _ •\ \ , -r 4.04 r -r • Y# . +f� t d r v--•°-'...` r i co 4. 4. r l II . _ rd.§ 1;.. a. r i d f♦ ., 'AO* N , :t Y '1 i • ---- - .. ' ill /011,0,. • -- -- `; r t a I . :l` i Colin Tomlinson Agenda Item 28 Page 7 Site Photos 0 ti 4 l‘iir .1- I, 1 Thar . .:. . . 112 [1,1 s 11 I Tz• i:4-- , t 1111 l = L 11,,ITE V i .1 , ".. • • `. - - .''' 4 • . 4,-- ..........- .. --- ____-------- — _ , . . . . 1 • , . . • • ) ' ' .., A • i. , . ,,,..- , 'k . • • )1 , , ! i 'i•Y:i.1:73"L''.,t 0 i ,._1 .'- . 111• 4.• 4/0-_ a'''Ait.;ii::: .-,.- • :14 P 1 ,,. --. ,...., .,, ' it - - -v.--- l'?' 0 - — __ , - ,-..-- ___ - -- -- -, . _ ....- ,.y. , ""'"----------------- .• • .., .- . ... •_ . Colin Tomlinson Agenda Item 28 Page 8 Disclosure Statement Disclosure Statement uel Death Planning&Community Development • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Co Ii \ ( i•rti1 "t1Su,l Does the applicant have a representative?Vi Yes 0 No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes [Z No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised i2.09.1020 1 ! Page Colin Tomlinson Agenda Item 28 Page 9 Disclosure Statement Disclosure Statement Vi3 (Hx nri rymwi&nett Planning&Community Development L.r Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes I Nil, • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross•collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes at No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? CI Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • if yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes IS,No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Cohn Tomlinson Agenda Item 28 Page 10 Disclosure Statement Disclosure Statement Ni13 (`.!y,if 114/111w Srach Planning&Community Development is F b. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes Vw No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,Identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes IN No • If yes,identify the firm and individual providing the service. Ap_plicant signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Namea� and Title JVylLtl1a' )L )0a.1 Date l Is the applicant also the owner of the subject property? ❑Yes N.No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/Ali disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date1 Signature ,i0=7..7/010r t� Print N.me 1 �w7YY itf Rev'sed11.09.2020 31 Page Colin Tomlinson Agenda Item 28 Page 11 Disclosure Statement Disclosure Statement \113 Ca.y ni Ysyi;rc tlul: Planning&Community Development • Owner Disclosure 4 , Owner Name C,I Applicant Name __..w _ �Gmt(i s, . Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ®No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes 14 No a If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09,2020 5 I k<;> r. Colin Tomlinson Agenda Item 28 Page 12 Disclosure Statement Disclosure Statement AtI3 Planning&Community X�_ Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? El Yes NI No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 53 Yes ❑ No • If yes,identify the company and individual providing the service. lC (1 r 7 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes /i No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 18!No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 150 No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes El No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes $No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I p Colin Tomlinson Agenda Item 28 Page 13 Disclosure Statement Disclosure Statement 1A3 ,,rtT,ot�a�A Plan mu Manning&COmnity •_ µ Development 0-7 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ®No • If yes,Identify the firm and individual providing legal the service. Owner SIj nature I certify that all of the information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public bady or committee in connection with this application. Ownetrey+atttre«aN EST Jason Walker Print Name and Title Date knvand iJ U9.1070 • 7ipage Colin Tomlinson Agenda Item 28 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Colin Tomlinson Agenda Item 28 Page 15 %-1 r-I C. IS 1-' -- . .• 1—' . . \ --14--- ------,----A___ . ,. 4-w-,...'0 , \Aeri-C--_,-----A . .. \\ _.._ __-- -- T:= LLI \ \---6_t.:., , _.,(F--:. - -4: •,\,,i1 i:, ______ .„,iiiit \ r81 < F- ,_-..------'____--,-\ — -7., • --:\''.. r--/-361:. - ---ni WI 7-3t\ \ 1_ oo act - : - ',1 __'i c 0 f1 z-- j r- •' -t O t, � � \s df1v1� d �' - �� ,+r V m * rill. - _ [i titf 0 I * '"' ' = -o CI p — \ — zr'' =- f- . .1c ----o * D V) Z 6' t-• ... Tk.‘ -e-Oissit 14 jcV ° , ,--- ___ . =I ___--e-----a .z 1. 1 = 111.1111---1,,,,, ,••••too 8 '----..)if ---..:_ ('D,:1\\f1 , , � -. d o p C ` Item # 28 Colin Tomlinson [Applicant] Jason Walker [Property Owner] Conditional Use Permit (Short Term Rental) 304 28th Street, Unit 111 April 14, 2021 RECOMMENDED FOR APPROVAL— CONSENT Mr. Wall: Okay, thank you. All right, the Planning Commission also places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. The Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include Consent Agenda Items Number 23, 26 and 28. So yep, that was the last item on the Consent Agenda. Okay. So, with that being said, I move for approval of agenda items 2, 3, 4, 5, 9, 10, 11, 12, 14, 16, 17, 18 and on the Short-Term Rental, Consent Agenda 23, 26 and 28. Mr. Weiner: We have a motion by Mr. Wall, do we have a second? Ms. Klein: I second. Mr. Weiner: Seconded by Mrs. Klein. And I think we have a couple of abstentions here. Mr. Graham: Thank you Chairman. Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration. I am executing this written disclosure regarding the Planning Commission's discussion and vote on Agenda Item 15, Derek and Nicole Howard, on Agenda Item 17, Oceanfront Investors and Agenda Item 18 Festival, LLC. The applicants have financing through Towne Bank at 297 Constitution Drive Virginia Beach, Virginia 23462 and I am on a committee at Towne Bank. However, I am not involved in any decisions made at the bank nor do I have a direct financial interest in the bank. As such, I have made this disclosure and believe that I can participate in these transactions fairly, objectively and in the public interest and will participate and vote on these items. Please record this declaration in the official records of the Planning Commission. And then I have another item here. I am making this disclosure regarding the discussion and vote on the application of Short- Term Rentals. These are Agenda Items 19 through 28. I am abstaining because I believe until City Council has heard Planning Commission's recommendation regarding Short Term Rentals in the Old Beach area, as well as Planning Commission's recommendation regarding Short Term Rentals from the March 2021 public hearing, we should not hear another Short-Term Rental. I believe this is necessary to provide guidance to the Planning Commission so that we are able to be consistent. I do not have a conflict 1 requiring me to abstain. A written disclosure of this will be provided tomorrow for inclusion in the Planning Commission's formal record. I am a Planning Commission member for the Lynnhaven district. Mr. Weiner: Thank you, anybody else? Mr. Inman? Mr. Inman: Yes, likewise, with regard to the conflicts of interest act, I also am a member of the Virginia Beach Advisory Board of Towne Bank and I make the following declaration with regard to Item 15, Derek and Nicole Howard, Item 17, Oceanfront Investments, Number 18, Festival, LLC and I've made this disclosure and believe I can participate in this application and decision making fairly and objectively and in the public interest, and I will participate and vote on those items. Mr. Weiner: Thank you. Ms. Oliver? Ms. Oliver: Pursuant to the State and Local Government Conflict of Interest Act, I make the following declaration; I've chosen to abstain from discussing and voting on Item Number 18, The Festival, LLC, 712 Atlantic Avenue, Virginia Beach, Virginia on the 14th of April 2021 Planning Commission Agenda. I'm party to a court case that is unrelated to this application but a representative of the applicant is involved in the case and I've chosen to abstain to avoid any appearance of conflict. Thank you. Mr. Weiner: Thank you, anybody else?All right, so we have motion by Mr. Wall, a second by Mrs. Klein. You're ready to vote? Madam Clerk: Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. 2 Madam Clerk: Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent, Vice-Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. Madam Clerk: By recorded vote of nine in favor and zero against, Agenda Items 2, 3, 4, 5 9, 10, 11, 12, 14, 16 and 17 have been recommended for approval by consent. Agenda Item Number 18, 23, 26 and 28 have with a recorded vote of eight in favor, zero against and one abstention for each agenda item have been recommended for approval by consent. Mr. Weiner: Thank you, Madam Clerk. Thank you for those who've had items on the consent agenda. They will be scheduled in the future to be on City Council agenda. Now we will move to the items that we will hear. Madam Clerk will take care of that, please. AYE 8 NAY 0 ABS 1 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSTAIN Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 3 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street Unit 111, 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 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 one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 4 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 F et 1111 a 1","117 -0 0 , -I. � R5,© , �o , o , . . , �R5D , 1 ► o - R5D, .0. ,,,io olk,tt �l ,i, IA -e,......IJr\ON ,IV 000, 0' ter•, 1 ''lip' �` M► ' \ li\ )\ R5D R-5D o , 410s / andics , 0 il ,,, \, .o , A -.0I1111- itillicior_ v ,\\ ri___le_ks 4 W1 ''4N',,,\1t A-- gi I&iI,#.„i, -%\,k,,c 0A0,",0,.kviA_....-k.I-.-i _Win ...ji_ ._--- o .ir.i 0i- ,, _ ____ . Lane IT y.. 11_11___ FSTm.r.e .mI.l � s,/ � _,� IP\\ D : -R5D io � '� \ �o � .;,,� , M / V \ Q A, Nt• ,0. o �* o l OL!!. _l Oil 6. Aid illik*_A 111, 4ff. Y. . _ '('> 0111111t*- _......016 . . ,, ' # ° 11101k- At I lijrw-'-4 Site Tenika �, V// Crew w_ E Property Polygons 3236 Winterberry Lane �.�,, Zoning Building - Feet Parking Lot Drive Aisle 0 25 50 100 150 200 250 300 4J CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: TENIKA CREW [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 3236 Winterberry Lane (GPIN 14951040550000). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: June 1, 2021 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 611 ,894 square-foot parcel zoned PDH2(R-5D) Planned Development District (Landstown Meadows Land Use Plan). The lot consists of one single-family home containing four bedrooms. The minimum number of parking spaces required for the Short Term Rental is one per bedroom, or four spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental is 12; however, at the time of this writing, the applicant accepts City Council's recent Short Term Rental condition revisions reducing the number of overnight guests permitted to two per bedroom and limiting the number of bookings in a seven day period from two to one. These changes are reflected in the conditions below. As of May 4, 2021 , Host Compliance shows no current/active STR advertisements associated with the subject address. • Considerations: This site is located within the subdivision of Landstown Meadows, which is a planned development of 534 single-family homes approved by City Council in 1983/84 and platted in six sections between 1985/87. The surrounding neighborhoods are mostly comprised of single-family homes and townhomes. Presently, the subject property does not contain a driveway large enough to accommodate all four required off-street parking spaces. To address this matter, the applicant is proposing to widen the existing driveway and expand the entryway apron. This addition would create an 18-foot-wide by 36-foot-long concrete driveway, which is not unusual in a single-family neighborhood. Recommended condition #3 was added to the Staff report to address this matter. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. Additionally, all other requirements of Section 241 .2 of the City Zoning Ordinance pertaining to Short Term Rentals can reasonably be met by the applicant. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Tenika Crew Page 2 of 4 Opposition was present at the public hearing. In addition, letters of opposition and one petition of opposition were received by Staff. The petition contains 20 signatures of other neighborhood residents opposed to the Short Term Rental request. The petition notes concerns relating to strangers, possible unlawful activity, noise, excessive occupant numbers on the property, increased traffic, reduced on-street parking for full-time residents, and possible negative effects on neighboring property values. The letters of opposition contained similar concerns relating to perceived quality of life items, such as excessive noise, trash, and the like. • Recommendation: On April 14, 2021 , the Planning Commission passed a motion to recommend denial of this request by a vote of 6 to 2. If the City Council chooses to approve the request, Staff recommends the following conditions: 1 . The following conditions shall only apply to the dwelling unit addressed as 3236 Winterberry Lane, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the parking plan illustration within the "Site Layout and Parking Plan" section of this Staff report and unless a modification of material type and/or location is approved by the Zoning Administrator, the existing concrete driveway shall be widened to no wider than 20-feet and must always be available to the Short Term Rental occupants leasing the unit. A building permit for this additional concrete parking space must be obtained from the Permits and Inspections division of the Department of Planning and Community Development within 60-days of any City Council approval for the proposed Short Term Rental use with the proposed parking installed prior to the operation of the short term rental. 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 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). Tenika Crew Page 3 of 4 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.A11 refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term 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 one (1) rental contract during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. Tenika Crew Page 4 of 4 16.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Letter(s) of Support (2) / Opposition (5) Petition of Opposition (20 signatures) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department / City Manager: /242 Applicant & Property Owner: Tenika Crew Agenda Item Planning Commission Public Hearing: April 14, 2021 �' City Council Election District: Princess Anne 27 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval / � 1 Staff Planner Pose ic 1. Summer Peebles oa�N``~ 0 Location .10".\ 3236 Winterberry Lane °"'` misi MS GPIN ilit \_- if I 7winflower Lane 1495104055 'tees a Site Size sue, 11,894 square feet Existing Land Use and Zoning District Single-family dwelling/ PD-H2 Planned Unit Development (R-5D Residential) Surrounding Land Uses and Zoning Districts _ North - Single-family dwellings/ R-5D Residential South Winterberry Lane '"" k- Single-family dwellings/ R-5D Residential East Single-family dwellings/ R-5D Residential , West ', Single-family dwellings/ R-5D Residential ` i — „I,re.-y Lart - Tenika Crew Agenda Item 27 Page 1 Background & Summary of Proposal Site Conditions and History • This is a 11,894 square foot parcel zoned R-5D Residential. • The subject dwelling was constructed in 1986. • Staff inspected the site on February 17, 2021 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • City Council previously approved a Land Use Plan for Landstown Meadows in February 1984. • Known Short Term Rental activity as of 03-12-2021: CURRENTLY ADVERTISED LAST KNOWN RENTAL REGISTERED WITH THE COMMISSIONER OF THE REVENUE No N/A N/A • The applicant accepts City Council's recently imposed conditions reducing the number of bookings in a seven- day period to one and limiting the overnight guest calculation to two per bedroom. Short Term Rentals in the Vicinity ■ 1 1S, 71 Ira 1/4 011 i in IriftWil 'qqIP STATUS N s'�-17 • 1 1 11111111111 ■ ' Approved - • Denied S,q 0 Under Review/�\ PR O Registered dry Map updated on 03.11.2021 Tenika Crew Agenda Item 27 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 4 • Maximum number of guests permitted on the property after 11:00 pm: 8-As recommended in condition 16 • Number of parking spaces required (1 space per bedroom required): 4 • Number of parking spaces provided on-site: 1* *Proposed driveway expansion will add 3 parking spaces, with 2 spaces encroaching into the Right-of-way 10 feet n-0°' _,Doo4,_ ' Zoning History# Request 1!4° %�\ 1 LUP(Landstown Meadows)Approved 02/06/1984 n 3 u 1-1.5D. 4111 „\.7 s c, -7A) . . Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The site is located in the Landstown Meadows neighborhood which consists predominately of single-family dwellings. Short Term Rental use has not proven to be a common use in this area of the City. Four off-street parking spaces are required for this four-bedroom home.There is an existing 9-foot by 26-foot driveway that is used for parking. It is the applicant's intention to widen the existing driveway and driveway apron to accommodate additional parking spaces. If this request is granted, a condition is recommended that requires the placement of the driveway addition and apron within 60-days of the City Council public hearing. The applicant has submitted an alternative parking plan that shows these proposed improvements including two on-site spaces, and two spaces partially within the right-of-way. As the two spaces within the right-of-way do not block vehicular or pedestrian traffic,the Zoning Administrator has deemed this plan acceptable. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can reasonably be met. Staff has received 2 letters of support and 5 letters of opposition. Tenika Crew Agenda Item 27 Page 3 Based on the considerations above, Staff recommends approval of this request with the conditions listed below; however,the recommended conditions do reflect City Council's Short Term Rental revisions by reducing the number of bookings in a seven day period to one and limiting the overnight guest calculation to two per bedroom. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 3236 Winterberry Lane, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the parking plan illustration within the "Site Layout and Parking Plan"section of this Staff report and unless a modification of material type and/or location is approved by the Zoning Administrator,the existing concrete driveway shall be widened to no wider than 20-feet and must always be available to the Short Term Rental occupants leasing the unit.A building permit for this additional concrete parking space must be obtained from the Permits and Inspections division of the Department of Planning and Community Development within 60-days of any City Council approval for the proposed Short Term Rental use with the proposed parking installed prior to the operation of the short term rental. 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 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 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Tenika Crew Agenda Item 27 Page 4 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term 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 one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be 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. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • 2 letters of support and 5 letters of opposition have been received by Staff,with the letter of opposition noting concerns related to trash, noise, and quality of life. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 15, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, March 28, 2021, and April 4, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 22,2021. Tenika Crew Agenda Item 27 Page 5 • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on April 8, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 16, 2021 and May 23, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 17, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https:[/w ww.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 28, 2021. Tenika Crew Agenda Item 27 Page 6 Site Layout & Parking Plan 125 11,811 5q. Feet 0.271 Acres variable math q 1 26 drainage water easement pier colic e°:I' - 1:. — 1 i t t G'wt�txi , ) fence x N Pin it) —_ _ P F).. es Y X k X Y Y Y - Y . W S woad 1Existing I 8.8' fence , leanest * -® .._..a. ___ ,w„for„x,: driveway 9 hi�ne fi11@0 i feet wide and 6 1 no bound. °' 26 feet long • t ;C '` -Proposal to 8 x 0.Pon,tent.e -- ^ widen 03'on c nr driveway & Edge of apron 9 feet 4,,,zc street _ 5.$, -3rd & 4th pavement `'L - ' parking space (right-of- 1 2 10 feet in the way 10 % right-of- way feet long) - 0.3.on "3 4 ping Barberry Ln. WINTERBERRY LANE (50') Tenika Crew Agenda Item 27 Page 7 Site Photos r- ,- •..._,.. ... ....„ _ ..........:,_.......,_ ________ .,......,,..,....,...._ _,...„. ___..........__,..,....._ ... . - . __.a _ ----..-:_- _ _, ,, : - - ‘1' -' .#1 s. t / Li ,.. .7 . , - - , i.,-- ' - ''‘).' . . . _. _ - ._, --,.....,.. - '0 - . . t .:-.,:- ... + N .... e , ..-—- ' ' ,---- .;--. •+... ".,_.' ..,.,o, . . - . — , )i,,,,:. z,,: ,,.., -, -.•-•'--- -.,-...-....-,,,,c.,. ,..,_,_.:.--."L'i ... ._ .. . ' : Z.".`•.• ..:.-.:-.. — - . . Ae. ,./ ...,, Tenika Crew Agenda Item 27 Page 8 Site Photos a. see ` t - rj _-_, ...:,--:---- ,,_- - a - / _ , - t -'� {.`'��' s -W`;.*a ) i .F. J ...-V -\\,, , 'I' '1 ', }`• fi ..... S{- _ , Ia y .,ii. il I .- •. .. ,r W . : ....:. y _ 1 p. Tenika Crew Agenda Item 27 Page 9 Disclosure Statement Disclosure Statement 1/3 easy of timaziu Scodz 11111.111 Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name t(- Grew Does the applicant have a representative? 0 Yes ly No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. 1IPage Tenika Crew Agenda Item 27 Page 10 Disclosure Statement Disclosure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0'Yes I"No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralitation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? IB'Yes 0 No • If yes,identify the financial institutions providing the service. j-tcrtic New i:ez, 2. Does the applicantp have a real estate broker/agent/realtorfor current and anticipated future sales of the subject property? it❑Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes INo • if yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes Q'NO • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?0 Yes MiNo • If yes,identify the purchaser and purchaser's service providers. 2I Page Tenika Crew Agenda Item 27 Page 11 Disclosure Statement Disclosure Statement \113 „,ef6egiva 6a:v Planning&Commit it Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes C'NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes E No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services In connection with the subject of the application or any business operating or to be operated on the property?0 Yes dNo • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. '1- to .LA/ , Li-Li...) Applicant Signature TI V (/i r L W Pro ix.,4) f..€ Print Name and Title if iq2-i _ Date �/ Is the applicant also the owner of the subject property? i Yes E No • if yes,you do not need to till out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Elm Signature s /� ,2 Print Name Revised 11.09.2020 3 I P r, Tenika Crew Agenda Item 27 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Tenika Crew Agenda Item 27 Page 13 STR VICI = ITY _,-AP TENIKA CREW - 3236 WINTERBERRY LANE ate \<,./ /--) \\11-11-: ',,'.--:- N Itf / --. , _--- II i 4 k \ . ;c e till* \\- llW N# ,/ _-- ,._ ( L. �L_ - r� e` �--, 1E rest \ OW r `' i ---<4. * 10 Oa 1 fe,',101k . Illi 11011 el #1416 -I. '- 11111111k1/4. Alliallie ,ii, _. • Tr . ire 'N ha a `s # N �44,-� �. STATUE yjc TW i11 + I J TFi, 0 Approved I I • ss �\ Denied ,9 `\ 117 Under Review t4,Q Od 0 Registered ry i f Updated on 05-04-2021 Item # 27 Tenika Crew [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) 3236 Winterberry Lane April 14, 2021 RECOMMENDED FOR DENIAL— HEARD Mr. Weiner: All right, onto the next one. Madam Clerk: Our last Agenda Item for today is Agenda Item 27. Tenika Crew, an application for Conditional Use Permit Short-Term Rental on property located at 3236 Winterberry Lane in the Princess Anne district. We have the applicant as a virtual speaker, Ms. Crew, if you would wait two to three seconds and then begin your comments. Ms. Crew: Good afternoon. My name is Tenika Crew, thank you so much for the opportunity to speak today on my own behalf. I have owned the property at 3236 Winterberry Lane for about eight years or so. It is my first home and when I bought the home it was the expectation that it would be my forever home, but my family grew. So, the home was no longer the right size for my family. So, I decided to rent the home out for short-term -- as a long-term rental it is currently occupied by tenants on an annual basis on a year-to-year lease, excuse me. And we recently had a few setbacks with the home and I had to take a look at it from a financial perspective to say that, you know, maybe leasing the home on a yearly basis wasn't the best use for my family. Because with the hardships that we recently endured with the home, you know we have to take a look at the amount of income that was being brought into the home from leasing it on a yearly basis. So, after evaluating what our options would be,just to kind of try to offset expenses in managing the property as well as things that we would like to do with our family, paying for our kids to go to college, you know, alleviating some debt. Just trying to set ourselves up for a better financial future overall, you know, we looked at potentially selling the home but it is my first home, it is my baby, I can't part with that home because at some point that home will be paid off and that home will be left to my children and their children's children. And that is the expectation for that home so I can't see selling it as an option. But other than that, you know, I feel like that having it as a short-term rental, even if it's in an area that is not popular or has a lot of short-term rentals. I don't think it's necessarily a bad idea. My point being a lot of people like to vacation in this area and they like to vacation and stay in areas that are not necessarily near the bars, the boardwalks and all of the loudness and the areas of the strip. And I feel like that having the opportunity to have a home where they can come to, in a quiet neighborhood and still enjoy the city and drive to the beaches that they desire to and drive 1 to the attractions that they desire to, but be able to come home every evening, to a home that is away from the hustle and bustle of the boardwalk. I feel like that family should be entitled to have that. When I travel with my family, we don't always stay right at the beach because we are a larger family. So, number one, we desire a larger space; hotels don't really work for us. We like to have the amenities of a home that has a kitchen and laundry and just a quiet space for us to decompress. But when we're ready to go to the beach, or go out to restaurants, we have those things around us. In the area where my home is located, it's a very nice neighborhood. It has a lot of family entertainment nearby, a lot of you know places that you can go and travel to, but you don't have to necessarily be near a lot of bars, and a lot of tourists and you can come home each day when you vacation, decompress and enjoy the peacefulness. So, I want to say that I have read the letters and listened to the opposition of short-term rentals being notated as party homes, and it'll decrease my property value, and it'll increase crime. And I just don't see how, you know, the assumptions of it being that can be valid. I don't -- I haven't seen any data to truly support that this is the commonality, if someone could show me some data to say 80% of short-term rentals in areas that are not along the boardwalk have had high crime or all are party houses, I'll be open to seeing that data. But even still, my whole thing is if there is a specific host that is not abiding by the rules or allowing guests to come in and not follow the rules or be noise or be disruptive to the neighborhood, to the neighbors, then that should be addressed with that specific owner. As me being a current landlord for the last two years or so, I have not had any issues at my property where my tenants have been noisy, disruptive. They've actually, you know, had a great rapport with the neighbors. I've spoken to some of my neighbors that were available; some were for it, some were not based on oh, well, I'm concerned about people, college students coming and partying and being loud. That's an assumption. So, you know, if I felt like I chose really great tenants for long-term, my own expectation personally, is to continue to choose great people to dwell in my home, I take pride in my home, and I would never want anyone in it to be disruptive to my home or to the surrounding neighbors. So, I feel like I would love the opportunity to be able to operate my home as a short-term rental for my personal reasons and for my family, while also allowing the opportunity for families that want to stay in quiet areas, such as myself and my family; they should be allowed to be able to do that. And in regards to the parking plan, it was submitted, it was approved. I don't think it would be a big problem to expand the driveway. It was something that I had considered doing years ago anyway because of the fact that when I lived in the home, I had multiple vehicles, and I want it to be able to park them all in my yard. So, this was and also in speaking with my current tenants, they also thought it would be a great idea to expand the driveway, even before we talked about this process. So, it's something that I 2 was considering doing anyway. So, I just appreciate the time for hearing me out, and I'm open to any questions. Mr.Weiner:Thank you for your comments, Ms.Crew.Any questions for Ms.Crew? No questions, okay. Madam Clerk: We do have one speaker, Daniel Williams. Mr. Weiner: Welcome, sir. Sorry, you had to sit here all day. Mr. Williams: Oh, that's fine. My name is Daniel Williams, I've been resident in that same neighborhood for 37 years.And so, I really appreciate you taking the time to listen to my concerns. First of all, I'm opposed to Short-Term Rentals in my neighborhood. On the website, Nextdoor, I'm sure you're all familiar with it; we've had a majority of people that are opposed to it. I don't know the exact number. They did a poll; it was like 68% against it. And then there was a few of course that don't care, and then there was a few that the owner should be able to do whatever they want. I know it's very controversial and I know you've been addressing this for the last four years. The neighborhood is Landstown Meadows, it is R-5D and it is very condensed. The street that we're talking about is very narrow, that's Winterberry. And the parking is a real issue. And especially with COVID, you know, everybody's at home. Children playing in the streets, there's a lot of concern with the Short-Term Rental of all the things that you've heard that were addressed, the safety, the drinking, the partying, trash, noise. And of course, there will be opportunities; there will be families that would rent the place. And they would do what they were supposed to, but there's a known fact that those houses will be rented and partied. They have a swimming pool, which attracts a large number of people. You rent a house, you got a swimming pool, you're going to invite people, it is going to be noisy. I have a neighbor that has a pool, and they own the house; it is very noisy. Once a month, he has a huge family, and it's accepted because they own the house. And we're friendly neighbors and we -- they let us know, they invite us go to a barbecue, whatever. But Short-Term Rental to me just does not fit the neighborhood for all of the same reasons that you've made with people make their investments. I've lived there 37 years. The house is paid for. You know, the house is worth close to $400,000. That house is worth probably more, it is 1,900 square foot, 11,000 square foot property; it would sell probably within weeks. The market is crazy right now; high dollar, fast turnaround. I'm just not --absolutely not for Short-Term Rentals. And there's asking for, you know, conditions. There're the parking spaces; it's a four bedroom, there's not enough room for parking. It's a one car garage, one car parking. You got to have the conditions just to meet the requirements. And we're not in the resort area. There are plenty of 3 areas for the rental. We're not close to the beach. I just don't see a reason for it for Short-Term Rentals. And thank you very much for your consideration. I hope you disapprove this. Thank you. Mr. Weiner: Thank you, sir. Any questions for the speaker? Thank you. Ms. Crew, would you like to comment? Ms. Crew: Hi. Thank you. Yes, I would like to comment. So, he made a comment to state that he has a neighbor that has a pool and they're always loud and they own the house, so he tolerates it. That is kind of contradictory statement. You know, we can't always control who comes and goes. The same could be said for my long-term tenants. So, if I had my long-term tenants and they became disruptive, the process to try to get them out of the home would be a lot longer than a Short-Term Rental. So, if a Short-Term Rental was -- a short-term renter was to come to the home for the week, and I get a call that they are loud or being disruptive, I can address that immediately. I can go to the home and I can ask them to leave. So, if you have an owner that owns a home, it is completely disruptive, you're stuck to really have to live with that, regardless of whether you like it or not. And that's where, you know, people are saying well, it brings all of these bad things to the neighborhood. But if those things are to occur, they can be easily remedied versus a long-term renter or a perhaps an owner. And you are right. My property is of great value, it is worth a lot. I am a real estate agent. I'm aware that I can sell this property in a minute. But like I said previously, it is my first home it will always be my home, I will never sell this home. So,while I do have the home, I would like to utilize it to its greatest advantage to support my family and what our goals are. And it's on top of being a responsible host/landlord and making sure that I am following the rules and that I'm letting -- I'm making sure that the people that I allow to come to my home, are following the rules and remedy and address any issue immediately, because that's just the type of person and landlord that I am. Thank you. Mr. Weiner: Ms. Crew, thank you. That's all the speakers? Madam Clerk: No more speakers. Mr. Weiner Okay, we're going to close this and open up to us for comments. And Ms. Klein? Ms. Klein: Not to bash Summer because she's amazing. But this house actually is in the Princess Anne district. I looked it up on GIS... Mr. Weiner: Okay. Mr. Horsley: I kind of agree with the gentleman back there. In the neighborhood, it is -- I just don't -- I don't think it's a good fit and I will not support it. 4 Mr. Weiner: I understand. Next, anybody else? Ms. Oliver? Ms. Oliver: This application actually had a petition of -- I don't know if any of you all saw in the supplements. So, there's 2, 4, 6, 8, 10, 12, 14, 16; there's over 20 signatures in opposition. I did read that correctly. I just wanted to make sure. Mr. Weiner: Wasn't there more than one letter? Ms. Oliver: Yes. There's more than one letter plus the petition against it. Mr. Weiner: Well, Mr. Inman? Mr. Inman: My comment about it, I agree with Don and -- it's a cut-thru street. I think actually, the gentleman's comment about the pool is a great plus for selling, is a great plus for living there. It's not a plus for us, in terms of it being an attractive. There's going to be probably not on many occasions, the decorum at the pool is probably not going to be neighborhood-type decorum. So, and it's only -- there's only one other in this neighborhood. So, I don't see proliferating a Short- Term Rental in this neighborhood. Mr. Weiner: Mr. Coston? Mr. Coston: Well, I think everybody knows I'm in favor of Short-Term Rentals in specific locations, not only the ones that we've decided to do according to ordinance, but things that are close to venues that people would come to Virginia Beach for and there's a soccer place there within right across the Street as you come out of and cross over to Princess Anne. There are soccer fields, there's like two to three buildings that are designed for sports activities that people come here to participate in. And would love -- probably love to be close to those venues. So, I would support it. Mr. Weiner: Anybody else? Motion. Mr. Horsley: I make a motion application be denied. I've just -- I feel the neighborhood and with the swimming pool and the man says you know, and I agree that pool parties can get loud. But if your neighborhood -- your neighbors don't have a pool parties out every day, every week. But a Short-Term Rental like this you could have pool party every week, or two, three nights a week. So, I agree that. I don't think it fits in this neighborhood. Mr. Weiner: Okay. A motion for denial by Mr. Horsley. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: Second by Mr. Alcaraz. 5 Madam Clerk: This motion is for denial, Mr. Alcaraz? Mr. Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Nay. Madam Clerk: Mr. Graham is absent. Mr. Horsley? Mr. Horsley: Aye. Madam Clerk: Mr. Inman? Mr. Inman: Aye. Madam Clerk: Ms. Klein? Ms. Klein: Nay. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is absent. Vice Chair Wall? Mr. Wall: Aye. Madam Clerk: Chairman Weiner? Mr. Weiner: Aye. Madam Clerk: By a recorded vote of six in favor and two against, Agenda Item Number 27 has been denied. AYE 6 NAY 2 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston NAY Graham ABSENT Horsley AYE 6 Inman AYE Klein NAY Oliver AYE Redmond ABSENT Wall AYE Weiner AYE CONDITIONS: 1. The following conditions shall only apply to the dwelling unit addressed as 3236 Winterberry Lane, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the parking plan illustration within the "Site Layout and Parking Plan" section of this Staff report and unless a modification of material type and/or location is approved by the Zoning Administrator, the existing concrete driveway shall be widened to no wider than 20- feet and must always be available to the Short Term Rental occupants leasing the unit. A building permit for this additional concrete parking space must be obtained from the Permits and Inspections division of the Department of Planning and Community Development within 60-days of any City Council approval for the proposed Short Term Rental use with the proposed parking installed prior to the operation of the short term rental. 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 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 7 b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 8 From: Carolyn K.Smith To: lindaoroffitt(a oeoDleoc.com Cc: Cheryl Scott;City Council;Summer J.Peebles Subject: RE:Tony V post on Nextdoor Date: Monday,March 15,2021 3:37:51 PM Hello Linda, Always good to hear from you. I will ensure that your concerns and Cheryl's opposition are noted in the Planning Commission file and Staff report. Summer Peebles is copied here as she is working with the applicant on that request and will inform the Planning Commission of your points of view. Summer confirmed that the Conditional Use Permit request for a Short Term Rental of Tenika Crew at 3236 Winterberry is pending Planning Commission review and is scheduled for the April 14th public hearing. In terms of the hotel near TCC, I understand the project to be active; however,the Planning Department has not yet received construction plans for review. If you have any more questions, please don't hesitate to reach out again. -Carolyn Carolyn A.K. Smith Planning Administrator City of Virginia Beach Department of Planning & Community Development 757.385.4488 caksmith@vbgov.com 40- • It ev10 From: lindaproffitt@peoplepc.com <lindaproffitt@peoplepc.com> Sent: Monday, March 15, 2021 3:05 PM To: Carolyn K. Smith <CAKSmith@vbgov.com> Cc: Cheryl Scott<cherylascott@cox.net>; City Council <CITYCOUNCIL@vbgov.com> Subject: FW:Tony V post on Nextdoor CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Carolyn, I received this from Cheryl and I hope that you can pass my concerns along to all of the planning commissioners.Tony did a good job of explaining the situation here. As you know a few STR have been approved in the Green Run neighborhood and one has even been approved in the Scarborough Squire neighborhood next to my neighborhood of Cardinal Estates. I was very pleased when all of the council members denied a similar request at 2621Highland Meadows a few weeks ago. I hope that we can stop this in planning before it gets to CC, as well. Is the hotel still being built near TCC? If so,this should solve the need for folks who want to stay near this area.There is already a motel on Lynnhaven Parkway near the mall.Thank you, Linda Russell- Cardinal Estates Sent from Mail for Windows 10 From: Cheryl Scott Sent:Sunday, March 14, 2021 3:25 PM To: Linda Russell Subject:Tony V post on Nextdoor Those Opposed -Short Term Rental at 3236 Winterberry Ln. Folks, a Conditional Use Permit for a Short Term Rental was initiated with the city for a house in Landstown. On April 14,the Planning Commission will hold a public hearing, and on a later date City Council may hear that agenda item if it goes that far. Short Term Rentals are known for parties, loud music,trash and other issues. We are talking about quality-of-life issues, and property values.This is something we simply don't need in Landstown. If you are opposed to this STR at 3236 Winterberry Ln, please call or email the Planning Commission about a week before their meeting, stating your opposition. I know PC is a paper tiger but they should be contacted so that City Council knows that we did our due diligence. More important, if it makes it to City Council, please call or email, stating your opposition prior to the hearing. As with PC,you can email or call City Council a week prior to any announced date. Here is the good news. Currently I believe Council Lady Henley is opposing all STRs.There is another council member who opposes STRs but I can't remember who. However, we do have to let City Council know that we, as a community, oppose this short term rental, and how it will negatively impact our community. I'm trying to get more information from the city but I believe that property may not even qualify for a conditional use permit. V Virginia Beach City Council member: https://www.vbgov.com/government/departments/city-clerk/city-council/gages/city-council- members.as.x d Planning Commission members: https://www.vbgov.com/government/departments/planning/boards-commissions- committees/pages/pc.asox Sent from my iPhone From: Shannon M.Heederik To: Summer J.Peebles Cc: nagogram(1�aol.corn Subject: RN: Planning Commission Hearing Wednesday,April 14,2021 Date: Monday,April 5,2021 3:44:22 PM Importance: High Hi Summer, I believe I forward this to you. A citizen, below and copied, would like to submit an opposition statement, also below, for the April 14th hearing. Best Regards, Shannon (Kiki) Heederik City of Virginia Beach Planning & Community Development 2875 Sabre St STE 500 Virginia Beach, VA 23452 Direct: (757) 385-8025 Office: (757) 385-4621 sheederi(Wvbgov.com From:Judy mitchell <nagogram@aol.com> Sent:Saturday, April 3, 2021 3:44 PM To:Shannon M. Heederik<sheederi@vbgov.com> Subject: Re: Planning Commission Hearing Wednesday,April 14, 2021 [CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments ['unless you recognize the sender and know the content is safe. Shannon, Here is my statement of opposition in writing. I oppose the request for the residence at 3236 Winterberry Lane,Virginia Beach 23453 to become a STR property. I do not feel this type of establishment is appropriate in a residential family neighborhood. My main concern is the high probability that this home will develop the reputation as party house, with resultant overflowing crowds, loud music/noise and parking issues. I reference a report at one of Ms Henley's public meetings of a busload of party goers brought to a STR in Virginia Beach.This is how easily a situation can get out of hand . Also, with the current climate of gun activity in the city, random gun violence is a strong possibility if, in fact, the party atmosphere becomes a reality. To reiterate, I do not believe,for the reasons stated above,that this type of zoning is suitable or safe for my neighborhood of single family homes, many of which include children. Thank you. Judy Mitchell 3224 Winterberry Lane VB VA 23453 Sent from the all new AOL app for iOS On Friday,April 2, 2021, 11:50 AM, Shannon M. Heederik<sheederiPvbgov.com>wrote: Hello Judy, We spoke recently on the phone. Do you want to submit your protest in writing or speak at the hearing? Best Regards, Shannon (Kiki) Heederik City of Virginia Beach Planning & Community Development 2875 Sabre St STE 500 Virginia Beach, VA 23452 Direct: (757) 385-8025 Office: (757) 385-4621 5heederi@vbgov.com From: Daniel Williams To: Summer J.Peebles Subject: Re:3236 Winterberry lane STR orange sign down Date: Sunday,April 11,2021 7:53:49 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear MS. Peebles, I would like to appear in person at the 12:00 April 14th Planning Commission and speak. I have a second Covid-19 shot scheduled,and I am serving in Federal Court in Norfolk at the same time. Could you please put me on the list to speak, and if I can not make it,would you also please put my written concerns in the members package as below? Dear members of the Planning Commission, Thank-you for hearing my concerns on Short Term Rental(STR)at 3236 Winterberry Lane. My name is Daniel Williams and I am the owner of 3045 Monet Drive in Landstown Lakes for the past 36 years. I am apposed to the approval of STR permit at 3236 Winterberry LN. Landstown Lakes/Meadows neighborhood. The Neighborhood of Landstown Meadows is R5D. It is zoned for single family owned homes. It is very condensed, and homes are close to each other. The parking is a big issue,as is speeding to safety for the children late live in the neighboorhood. This home does not have room for four off street parking spaces and will add to these problems. As you know,and to beat a dead horse. STR do nothing for the neighborhood in a positive way. STR degrade property values,cause noise, parking,trash, drinking issues,and do not conform to to the Virginia Beach zoning principle. This area is not in the resort areas, and STR offers noting but problems. I am very much against allowing STR at 3236 Winterberry LN. Thank-you for you time and service to this great city, Daniel W.Williams 3045 Monet Drive,VB 757-650-2217 wwwdww@yahoo.com On Tuesday, March 30,2021, 01:57:13 PM EDT,wwwdww<wwwdww@yahoo.com>wrote: Thank-you Summer. Sent from my Galaxy Tab®A Original message From: "Summer J. Peebles"<sjpeeble@vbgov.com> Date: 3/30/21 11:39 AM (GMT-05:00) To: wwwdww<wwwdww@yahoo.com> Subject: RE: 3236 Winterberry lane STR orange sign down Good Afternoon Dan, Please send any letters regarding 3236 Winterberry Lane to me and I will ensure that Planning Commissioners receive it. Summer J. Peebles Zoning Inspector I Zoning Division/Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach Virginia 23452 (757) 385-5088 sjpeeble@vbgov.com From:wwwdww<wwwdww@yahoo.com> Sent: Tuesday, March 30,2021 9:29 AM To: Summer J. Peebles<sjpeeble@vbgov.com> Subject: RE: 3236 Winterberry lane STR orange sign down CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning Summer, I have a question for you. If I want to e-mail a letter to be heard at the April 14th Planning Commission Hearing concerning the the Short Term Rental at 3236 Winterberry,whom would i send it to,to be added to the PC packages? V/R, Dan Williams Sent from my Galaxy Tab®A Original message From: "Summer J. Peebles"<sjoeeble@vbgov.com> Date: 3/29/21 7:55 AM (GMT-05:00) To: wwwdww< Subject: RE: 3236 Winterberry lane STR orange sign down Good Morning, I have notified the applicant that their notification sign is down and to pick up a new sign from the Planning Department tomorrow. The Conditional Use Permit request to operate a Short Term Rental at 3236 Winterberry Lane is still scheduled for the April 14th Planning Commission Hearing. An applicant may at any time request to withdraw their application, but no request to do so has been made by the applicant at this time. Summer J. Peebles Zoning Inspector I Zoning Division/Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach Virginia 23452 (757) 385-5088 sjpeeble@vbgov.com a From: wwwdww<wwwdww@yahoo.com> Sent: Monday, March 29, 2021 7:33 AM To: William N. Miller<WNMiller@vbgov.com> Cc: Summer J. Peebles<sjoeebleevbgov.com> Subject: RE: 3236 Winterberry lane STR orange sign down CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank-you Will, I was looking more for information about the status of 3236, than reporting a violation of not displaying the sign. The wind could have broken the stakes off, or the owner could have gaven up on the permit? The owner might not be able to satasfy the zoning requirements?That is why the inquirey. If Summer is able to provide any updated status information, I would appreciate it. I have experienced individual's withdraw permit requests right befor a meeting,wasting alot of time for uninformed attendees. Just trying to stay informed. V/R, Dan Sent from my Galaxy Tab®A Original message From: "William N. Miller"<WNMiller@vbgov.com> Date: 3/29/21 6:36 AM (GMT-05:00) To:wwwdww<wwwdww@yahoo.com> Cc: "Summer J. Peebles"<sjoeeble@vbgov.com> Subject: RE: 3236 Winterberry lane STR orange sign down Good morning, Thank you for the information regarding the orange yard notification sign for 3236 Winterberry Lane. I CC'd the staff person assigned to that case. She will reach out to the applicants to address this matter. Thank you again. Will Miller Zoning Inspector Ill Short-Term Rental Team Planning Department Zoning Administration 2875 Sabre St. Suite 500 Virginia Beach, VA. 23452 757-385-5066(voicemail) From:wwwdww<wwwdww@yahoo.com> Sent: Sunday, March 28,2021 1:26 AM To: William N. Miller<WNMiller@vbgov.com> Subject: 3236 Winterberry lane STR orange sign down CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. L_ ______ ______._.____ . ____..__-_ J Will, I noticed 26 March 2021 that the orange sign at 3236 Winterberry lane was down. The sign is a requirement to inform the public of the STR conditional use permit application and hearing dates. I am very concerned about STR in my neighborhood, and was hoping this ment that the owner withdrew the permit request. The sign was still down today. Could you please let me know the status of the STR request at this address? V/R, Dan Williams From: DSimon53(&cox.net To: Summer.).Peebles Cc: Shannon M.Heederik;Hoa N.Dao Subject: Record#2021-PCCC-00037 Date: Monday,April 12,2021 1:10:38 PM Importance: High CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Summer: Per our conversation last Tuesday, my husband, Gary& I, as owners of the home located @ 3240 Winterberry Lane, where we currently reside, wish this letter to serve as our "notice" of opposition to the above conditional use permit application for a short-term rental @ 3236 Winterberry Lane. This home, located in the Landstown Meadows subdivision of Virginia Beach, is directly adjacent to ours. Landstown Meadows is currently & always has been a regular neighborhood, with regular people working regular jobs. It is populated with families raising children, young professionals &senior citizens. When we purchased our home in 1987, we chose to do so in the hopes that we would be able to raise our children in a safe, friendly neighborhood, among people that we would come to know or @ least see "coming&going" on a regular basis. We were successful in our pursuit, &for all intents & purposes, the neighborhood remains the same today. However, allowing a short-term rental could change all that. It will open the neighborhood up to waves of strangers "coming &going" on a continuing basis. It could also be used as a "party house", which could lead to an increase of unwanted, & possibly unlawful activity in the area. It would further increase the amount of traffic on an already heavily trafficked, narrow& curvy road, & cause there to be even less on-street parking available to current, full-time residents &their guests. It could also have an adverse affect on the property value of other homeowners in the area. Therefore, for the many reasons cited above, my husband & I, in an effort to retain our right to the "quiet enjoyment" of our home, respectfully request that the VAB Planning Commission, as well as the VAB City Council, deny this CUP application. Thank you. Deborah Simon 757-572-7130 From: pSimon53Ca1cox.net To: Summer J.Peebles Cc: Hoa N.Dao Subject: Re:Record#2021-PCCC-00037 Date: Tuesday,April 13,2021 12:21:26 PM Importance: High CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments t unless you recognize the sender and know the content is safe. Summer: Attached is a 2 page petition w/regards to the homeowners opposition to the above CUP application, which I would appreciate your also forwarding to the Planning Commission. Please note that the signatures contained on said petition are not the result of my going "door to door" throughout Landstown Meadows, but rather obtained from residents of same that I encountered while out for my daily walk through the neighborhood this past Sunday& Monday. If,for any reason the Commission needs the original petition, vice a copy, please let me know& I will drop it off @ the Sabre Road office. Thank you. Deborah J. Simon 3240 Winterberry Lane 757-572-7130 From: Summer J. Peebles Sent: Monday, April 12, 2021 1:24 PM To: DSimon53@cox.net Subject: RE: Record #2021-PCCC-00037 Good Afternoon, Thank you for your email, I will ensure that the Planning Commissioners receive your letter. Summer J. Peebles Zoning Inspector I Zoning Division/Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach Virginia 23452 (757) 385-5088 sjpeeble@vbgov.corn MB From: DSimon53@cox.net<DSimon53@cox.net> Sent: Monday,April 12, 2021 1:10 PM To:Summer J. Peebles<sjpeeble@vbgov.com> Cc:Shannon M. Heederik<sheederi@vbgov.com>; Hoa N. Dao<HDao@vbgov.com> Subject: Record#2021-PCCC-00037 Importance: High CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Summer: Per our conversation last Tuesday, my husband, Gary& I, as owners of the home located @ 3240 Winterberry Lane, where we currently reside, wish this letter to serve as our"notice" of opposition to the above conditional use permit application for a short-term rental @ 3236 Winterberry Lane. This home, located in the Landstown Meadows subdivision of Virginia Beach, is directly adjacent to ours. Landstown Meadows is currently & always has been a regular neighborhood, with regular people working regular jobs. It is populated with families raising children, young professionals &senior citizens. When we purchased our home in 1987, we chose to do so in the hopes that we would be able to raise our children in a safe, friendly neighborhood, among people that we would come to know or @ least see "coming &going" on a regular basis. We were successful in our pursuit, &for all intents & purposes,the neighborhood remains the same today. However, allowing a short-term rental could change all that. It will open the neighborhood up to waves of strangers "coming & going" on a continuing basis. It could also be used as a "party house", which could lead to an increase of unwanted, & possibly unlawful activity in the area. It would further increase the amount of traffic on an already heavily trafficked, narrow& curvy road, & cause there to be even less on-street parking available to current, full-time residents &their guests. It could also have an adverse affect on the property value of other homeowners in the area. Therefore, for the many reasons cited above, my husband & I, in an effort to retain our right to the "quiet enjoyment" of our home, respectfully request that the VAB Planning Commission, as well as the VAB City Council, deny this CUP application. Thank you. OETL-ZLS-LSL uow s geaogaa From: Matthew Geyer To: Summer).Peebles Subject: Re:Letter of Support-Tenika Crew Date: Tuesday,March 16,2021 4:27:26 PM LCAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I'm a renter at 3236 Winterberry Ln, Virginia Beach,VA 23453 On Tue, Mar 16, 2021 at 1:53 PM Summer J. Peebles<sjpeeble@vbgov.com>wrote: Good Afternoon Mr. Geyer, Thank you for submitting a letter of support for Tenika Crew. For the record, I need to know, what is the address of the property that you own? Summer J. Peebles Zoning Inspector I Zoning Division/Planning & Community Development 2875 Sabre Street, Suite 500 Virginia Beach Virginia 23452 (757) 385-5088 sjpeeble@vbgov.com M3 From: Tenika Crew<tenikacrew@gmail.com> Sent: Tuesday, March 16, 2021 11:24 AM To: Summer J. Peebles<sjpeeble@vbgov.com> Subject: Fwd: Landtown Commons tenant CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Letter of support. Also attached signature from homeowner next door 3234 I believe is the house number. I will submit more as I get them. Forwarded message From: Matthew Geyer<journeyman2531 gmail.com> Date: Tue, Mar 16, 2021, 11:19 AM Subject: Landtown Commons tenant To: <tenikacrew( gmail.com> Good Day, As a fairly regular renter I am aware that people around said neighborhood, often those who have been there for many years,will feel a sense of disdain at the idea of a continual stream of new faces next to them. Fear of the unknown, fear of change,will cause a person to say "No"because they wish to hold on to what they have known to that point in time. However, change is inevitable, and the unknown only remains true until you experience it first hand. When you buy a property and decide you not only want to keep it,but to share it with people coming into the area, I say that is reasonable. Whether it is a long term rental property or a short term rental,the impact to surrounding neighbors is going to be minimal. The property will still be maintained and cared for, so aesthetically nothing will change and the introduction of new people, even temporarily, can potentially bring about new understandings and friendships. Ultimately my stance on this proposal is this, it is Tenika's property and she has the right to use it as she sees fit as long as the property maintains proper function and appearance. If all codes are met then the impact should be minimal and not affect the daily lives of the surrounding neighbors. Thank you for your time. V/r Matthew Geyer 0 I _• " �� eQ -di " /,t few'be'' .. "�1 Ate j/1121V/j. . , /7-C7 - " • From: Tenika Crew To: Shannon M.Heederik;City Council;Plannina Administration;Summer J.Peebles Subject: STR Advocate Letter for VBSTRA and Myself for 3236 Winterberry Ln. Date: Thursday,April 8,2021 7:54:34 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments 1 unless you recognize the sender and know the content is safe. , Dear Council Members and Planning Committee, My name is Tenika Crew and I have been a resident and now property owner in Virginia Beach for 8 years.Although I am not a STR host, I am currently in the CUP process and have a planning committee hearing scheduled for April 14th. I am writing this letter in support of the STRA's proposal/petition as well as advocating on my own behalf for approval of my first home converting to a STR. I would like to convert my LTR to a STR so that I can help pay for my daughters college expenses starting this year as well as save for my remaining 5 children and to help offset the significant costs associated with maintaining a rental(several fmancial hardships recently for repairs/maintenance that could have been alleviated with having a larger net operating income). I am a nurse with many kids and responsibilities and the extra income would significantly help support my family overall. I love my home and I love this city. I take pride in how well I've managed my home and the LTR tenants that I have selected. I have a great respect for the neighborhood and my adjacent neighbors whom I've spoken with about my STR plans. I will ensure that the integrity of my home and the community remains intact. I am very careful when it comes to who I select to be in my home and that wouldn't change with a STR. My home is in a great location, close to family friendly entertainment, lots of local businesses to support, and only a short drive to the beach. Some families such as my own often desire to stay in a city with great tourist attractions but not necessarily close to boardwalks,bars, and where a lot of tourists tend to stay. Many families such as my own enjoy more peaceful locations to vacation and I can provide that tranquility with my home. The parking plan should be sufficient to address the requirements as provided to the planning committee for review and in which was approved by the zoning committee. There is also ample street parking in the neighborhood. In regard to letters of support and opposition:Not everyone will optimally agree on the same thing every time. I have read the opposition and respect everyone's viewpoints.What I can't stand behind or agree with regarding the letters of opposition, is the blanket statements from opposers of STRs automatically being party homes, decreasing property values, or making neighborhoods unsafe/dangerous. If It has been determined that a host is not following the rules or consistently displaying patterns of choosing renters that display these behaviors,then address the privilege to operate on a case by case scenario. To penalize someone or deny a CUP of a potential host who hasn't been determined to be an irresponsible landlord is not a fair process. Allow me the opportunity to show that I can be just as responsible with a STR as I currently am as a landlord for the past 2-3 years. If I don't comply simply hold me accountable and revoke my CUP but allow me the chance first. I pay all of city/property taxes, I will always recommend future guests to support local businesses. I've always been a respectful neighbor,responsible landlord, and valuable part of the Virginia Beach economy. Community Policy as advocated by VB STRA: This policy is a smart, forward-thinking solution that we can all get behind: STR hosts,neighbors, and local businesses. It empowers responsible operators while weeding out any bad actors and makes it much easier for the city to manage STRs effectively. Please consider these common-sense, fact-based solutions for the betterment of our entire community. Thank you, Tenika Crew PS. In the event that I can't attend the planning committee session to advocate for myself because of my work hours being a nurse, I would be happy to answer any questions before my planning committee meeting on April 14 or at any type and can be reached at 252-676-0475‘, or if email is more convenient tenikacrew@gmail.com. I appreciate your time and consideration and hope that we can work together to fmd a common solution that works for us all! I hope this reaches everyone in advance. Summer if I don't have the right planning committee contacts can you forward this to them please. Have a great day! From: Carolyn K.Smith To: William N.Miller;Summer J,Peebles Cc: Hoa N.Dao Subject: Fwd: PUBLIC HEARING,DATED 14 APR 2021,SHORT TERM RENTAL-3236 WINTERBERRY LANE Date: Sunday,April 18,2021 9:49:46 PM Has this gone to PC yet? If not,please ensure this goes into the file and then forwarded to the PC. Thx! From:GERARD FANTANO<GJ.108FAN@cox.net> Sent:Sunday,April 18, 2021 9:46:02 PM To: Hoa N. Dao<HDao@vbgov.com>; Carolyn K.Smith<CAKSmith@vbgov.com> Subject: PUBLIC HEARING, DATED 14 APR 2021,SHORT TERM RENTAL-3236 WINTERBERRY LANE CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank You for the opportunity to provide my written position on proposed request as outlined within Ref(a),regarding case identified within references(b) &(c). My Name Is Gerard Fantano. My wife and I reside directly across the street from subject location(3236 Winterberry Lane)being requested for shortterm approval. In addition, our apologies for the late response as we just returned home from staying with family last night. 2. Formally,both my wife, and myself, Gerard Fantano, do not support approving,permitting and or making exceptions to allow short term agreements to move forward, especially in neighborhoods that were designed for stable residence only. The following comments are provided: • Landstown Commens is a tightly placed single family residential neighborhood. While many homes are rented,these are either long term leases of homes rented to our military personal and their families. The streets were never designed to support the increased traffic, especially the increased number of cars parked on the street legally. There is currently limited space to pass and if there was an emergency, a first responder's vehicle could not pass through if a car was coming in the opposite direction. Unlike Sandbridge where there is no parking on street,Landstown, does not have the streets wide enough to support the pass through traffic and increased parking. • Federal government operations, I.E. the US Post Office currently has difficulty placing mail in boxes curbside,most residence ensure their mail boxes are free from parked vehicles. If mailboxes are blocked,residence receive a message from US Post Master describing the Federal Offense being broken. Increasing the need for additional parking spaces is almost deliberately causing Langston residence and the neighborhoods the same the chance of receiving US Postmaster Letters of Warnings or possibly fme(s). • Accidental Unintentional Littering-The subject location also sits on a neighborhood retention pond. These retention ponds are all blocked off and have access to property owners only. All the owners make it their responsibility to maintain the cleanliness and health of the ponds in conjunction with the city of Virginia Beach.No one is saying there would be deliberate littering,however,with up to 52 different weekly occupants, with at least 2-3 per bedroom,will increases the risk/potential of unintentional littering. • Neighborhood cleanliness. All of the Langston residence,whether long term residents, long term leases and or active duty, every weekend you can see local residence outside maintaining their yards. Yes there are landlord as well as realtor responsibilities, however,that will not take care of waste and or garbage drifting from overflow or disrespectful visitors,Yes,Visitors,NOT Neighbors! • Safety-First,visit Landstown Halloween night!,You can not drive a car down any of the main streets. "ESPECIALLY"Winterberry Lane. Increasing the number of parked cars will add to the number of cares already parked on overcrowded streets. More Cars, mean more spaces between cars, less visibility, increasing the risk for a person or young child getting hurt. It should be noted within Landstown as in many other neighborhoods,there are signs identifying hearing impaired,Autistic children, handicapped seniors&children. Are we seeing the potential for serious injury yet! • City Curfews—Living near the Amphitheater since it opened,we do enjoy the variety of music that can be heard during concert events.We accept this as its fun, is scheduled, and there are rules when the music stops...Permitting short term agreements in tightly placed single family homes is a ticking time bomb for on-going repetitive calls to VB Police for noise disturbances. It should be noted any percent of increase police calls will be more than now,more than needed and a waste of our policemen's time that could have been avoided to begin with. • As mentioned before,Landstown like many other neighborhoods were never designed to be weekly rentals. This should not permitted, and the council should explore other action items rather then creating uncertainty in established neighborhoods on future similar type requests. Perhaps develop a more neighborhood friendly criteria first, short term rentals in tight neighborhoods last. Respectfully Submitted, Gerard Fantano ') [ WE,THE UNDERSIGNED OWNERS/RESIDENTS IN LANDSTOWN MEADOWS,HEREBY RESPECTFULLY PETITION both the Virginia Beach Planning Commission and the Virginia Beach City Council to deny the Conditional Use Permit application (Record#2021-PCCC-00037)for a short-term rental at 3236 Winterberry Lane. WE,STATE OR BELIEVE that allowing a short-term rental would: 1. Open the neighborhood up to waves of strangers coming and going on a continuing basis. 2. Lead to an increase of unwanted, and possibly unlawful,activity in the area,especially if same were to be used as a "party house". 3. Further increase the amount of traffic on an already heavily traveled, narrow and curvy road. 4. Cause there to be even less on-street parking available to current,full-time residents and their guests. 5. Adversely affect the property value of other homeowners in the area. 6. Deny current residents their right to "quiet enjoyment" of their homes. PRINTED NAME ADDRESS SIGNATURE DATE ‘1W Y ,44a^l517140 tlictiri/Cg&-Xe.,(41 / .,1%---.... .,: / -0/Ai / 6-itfit c„'e_ i=. rsj enro r7 / 3 Q 15 e" w i tyte.i the rn ifi . / r Gil,l.,641 nn / It/t t/ 20�>,/ bRN's 1 L . m K/Ail i" / 3'2 z b.);,zf4,h'(f 1 LN.. / -9- . 'yl<</a4 Z‘ / C.7 CA T I ri N\(4 (11A "3 o c.0 S kik):Ok Lk!, -).-fet ILA)/ - i:,,,..i ii hij)C.211 c 64-N e 5A� :.4 ion 0,09 / J2'17 L.Viwm— LJLP dre% / ‘77F%t,e 1-1/ &5 L":2__k 3(\' 1 Mr-•rj.a TrePaao?I L-t--)/ ' ' L 13 ___ .... , - ___44.1L/ ?f-f -;,ewe-i-1 , ,299 W/Airrie 5c,eAT/ Z-,41 /' 4/2-,:-‘1 :2"-v"-"------ / f,/fi Aei / c, ,Yi (), / ' .in rIir Y'bPrT, f ( c / 0." 4 ///t-/ / av5,62z(k.1-41r re h t-/ � a tq L<J:s•,''c be rr 1 L-qL / ' RokA ti .9, / tip t 1 C / /YoR Li - , ja' tt)vvr, t L u •• - / r •�rnt7 z_ / /.. / 1 .24-u ib a fe. 2/2 Win B60eY Au / 21 / / N/Z t , 4, / ba,d-e4.60 .cert9 A" 4-1 iyail ) '.4 ,./ , / .�e ��f n 3.,2 t.J i.1 ,-,br3f-- A%e/ .I _A / �//i // one .is/ ,�1 Win L,17t i / / .2 4,144/ 7 / '2Zd /1;4/,rr- CI / 66--- a- z'' /- / o/%,Zbi/ i'ci- '— WE,THE UNDERSIGNED OWNERS/RESIDENTS IN LANDSTOWN MEADOWS,HEREBY RESPECTFULLY PETITION both the Virginia Beach Planning Commission and the Virginia Beach City Council to deny the Conditional Use Permit application (Record#2021-PCCC-00037)for a short-term rental at 3236 Winterberry Lane. WE, STATE OR BELIEVE that allowing a short-term rental would: 1. Open the neighborhood up to waves of strangers coming and going on a continuing basis. 2. Lead to an increase of unwanted, and possibly unlawful, activity in the area,especially if same were to be used as a "party house". 3. Further increase the amount of traffic on an already heavily traveled, narrow and curvy road. 4. Cause there to be even less on-street parking available to current,full-time residents and their guests. 5. Adversely affect the property value of other homeowners in the area. 6. Deny current residents their right to "quiet enjoyment"of their homes. PRINTED NAME ADDRESS SIGNATURE DATE R Atlt -- / 1.-1,\1i+itEt0.Ner Lin . / VU .____� `ttl .f z c / 'Fs himN FP 1 e / �2y$ r-Ae / a f ..... 3QQQ garb . L.,� / ll ....,. ., 414,4i,' I :"5 1 /17 Ci,',,,,,,i. ic,--2,, , I 1 i."it;e4:" -a / - -„..y:i / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ********►***************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person at the Convention Center or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e0984c10f1 657479465e93161870 6f62c 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on June 1, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/18/2021 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T 1 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T THEEES S E O O E T I R Y S S ER NDN CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL UPDATE Letitia Shelton,Director —Finance B. PLANNING COMMISSION Bobby Tajan,Director— RECOMMENDATION re SHORT TERM Planning and RENTAL ORDINANCES Community Development Kevin Kemp,Zoning Administrator— Planning and Community Development HAW CERTIFICATION OF CLOSED CERTIFIED 9-0 Y Y Y Y Y A Y Y A Y Y IVN/ SESSION VI. A-E F. MINUTES APPROVED 9-0 Y Y Y Y Y A Y Y A Y Y 1. INFORMAL AND FORMAL SESSIONS May 4,2021 2. SPECIAL SESSION May 11,2021 APPROVED 9-0 YYY Y Y A Y Y AY Y G. MAYOR'S PRESENTATIONS 1. PROCLAMATION—LOVE FOR VB DEDICATION DAY 2. RESOLUTION—VACCINATE Chief Ed Brazle— VIRGINIA BEACH Emergency Medical Services Danielle Progen,Director —Office of Emergency Management H. PUBLIC HEARINGS 1. DECLARATION AND 1 SPEAKER DEDICATION OF EASEMENT 15'-wide Easement to Dominion Energy at Loretta Lane 2. SALE OF EXCESS PROPERTY 1 SPEAKER 15.07+/-acre Easement to United States at Red Wing Lake Golf Course 3. POLLING PLACE CHANGE 3 SPEAKERS Lynnhaven Precinct to John B.Dey Elementary School 1.1. Ordinance to AMEND City Code ADOPTED 9-0 Y Y Y Y Y A Y Y A Y Y Section 10-1 to change Polling Place re Lynnhaven Precinct to John B.Dey Elementary School 1.2. Resolution to CREATE the Urban ADOPTED 7-2 Y Y Y Y N A Y Y ANY Agriculture Advisory Committee (Requested by Council Members Abbott and Berlucchi) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/18/2021 PAGE: 2 B AGENDA E R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C DNOMO 0 L W 0 O C Y L NOUWS 0 T THEEES S E O O E T I R Y S S ER NDN 1.3. Ordinance to APPROPRIATE ADOPTED,BY 9-0 Y Y Y Y Y AY Y A Y Y $550,000 of Fund Balance from the CONSENT Waste Management Enterprise Fund re meet payroll obligations I.4. Ordinance to AMEND the scope of ADOPTED,BY 9-0 Y Y Y Y Y AY Y A Y Y Capital Project#100581"Crime CONSENT Prevention through Environment Design"and TRANSFER$500,000 to CIP#100581 re establish a Police satellite office in the Resort Area J.1. MARTHA WHITE/STEVEN K. APPROVED/ 9-0 Y Y Y Y Y AY Y A Y Y FINGER,ET AL.for a Variance to CONDITIONED,BY Section 4.4(b)of the Subdivision CONSENT Regulations re create two(2)lots,with one(1)lot not meeting the agricultural district allowable density requirements at 6332 Pocahontas Club Road DISTRICT 7—PRINCESS ANNE J.2. FESTIVAL,LLC for a Special Exception APPROVED/ 9-0 Y Y Y Y Y AY Y A Y Y for Alternative Compliance to the CONDITIONED,BY Oceanfront Resort District Form-Based CONSENT Code re outdoor dining and entertainment,outdoor recreation, commercial parking lot,open air market,recurring special events on site with various outbuildings,structures and signs at 712 Atlantic Avenue DISTRICT 6—BEACH J.3. KROLL INVESTMENT GROUP,LLC APPROVED/ 9-0 Y Y Y Y Y AY Y A Y Y for a Modification of Proffers re MODIFIED/ additional option of exterior building PROFFERED,BY material at 1529 Taylor Farm Road CONSENT DISTRICT 3—ROSE HALL J.4 CRP-GREP OVERTURE APPROVED/ 9-0 Y Y Y Y Y AY Y A Y Y CHESAPEAKE OWNER,LLC/CFC, MODIFIED/ LLC for a Modification of Conditions re CONDITIONED,BY freestanding monument sign at 3399 CONSENT Ocean Shore Avenue DISTRICT 5— LYNNHAVEN J.5. NORTH LANDING BEACH RV APPROVED/ 9-0 Y Y Y Y Y AY Y A Y Y RESORT&COTTAGES—VIRGINIA MODIFIED/ BEACH,LLC for a Modification of CONDITIONED,BY Conditions re non-commercial marina at CONSENT 161 Princess Anne Road DISTRICT 7— PRINCESS ANNE J.6. CITY OF VIRGINIA BEACH for a APPROVED,BY 9-0 Y Y Y Y Y AY YAYY Change of Zoning from R-5D CONSENT Residential Duplex District to R-7.5 Residential District re resubdivide and incorporate into existing lots of adjacent property owners at 206 Bob Lane DISTRICT 6—BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/18/2021 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T T HEE E S S E O O E T I R Y S S ERNDN J.7. ROBIN GAUTHIER,CEO ON DEFERRED TO JUNE 9-0 Y Y Y Y Y AY Y A Y Y BEHALF OF SAMARITAN HOUSE, 15,2021,BY INC./CATHOLIC DIOCESE OF CONSENT RICHMOND VIRGINIA,EPISCOPAL DIOCESE OF SOUTHEASTERN VIRGINIA for a Conditional Use Permit re group home at 1593 Lynnhaven Parkway DISTRICT I—CENTERVILLE J.8. CERZA ENTERPRISES,LLC for APPROVED/ 8-0 Y Y Y Y Y AY A A Y Y Conditional Use Permit re motor vehicle CONDITIONED,BY sales and rentals at 6056 Indian River CONSENT T Road DISTRICT 1—CENTERVILLE A J.9. A&G AUTO SALES/G&A APPROVED/ 9-0 Y Y Y Y Y AY Y A Y Y PROPERTIES,LLC for Conditional Use CONDITIONED,BY Permit re motor vehicle sales and rentals CONSENT at 604 Newtown Road DISTRICT 2— KEMPSVILLE J.10. THE VIRGINIA BEACH WINERY, APPROVED/ 9-0 Y Y Y Y Y AY YAYY LLC/SIFEN DEVELOPMENT CONDITIONED,BY COMPANY,INC for a Conditional Use CONSENT Permit re craft winery at 1064 Lynnhaven Parkway,Suite 113 DISTRICT 3—ROSE HALL J.11. DERRICK&NICOLE HOWELL for a APPROVED/ 9-0 Y Y Y Y Y AY Y A Y Y Conditional Use Permit re outdoor CONDITIONED,BY recreation facility at 5409 Blackwater CONSENT Road DISTRICT 7—PRINCESS ANNE J.12. CITY OF VIRGINIA BEACH— APPROVED,BY 9-0 Y Y Y Y Y AY YAYY Ordinance to AMEND City Zoning CONSENT Ordinance(CZO)Sections 207 and 232 re distinguish between an administrative and standard review process and determine associated fees for communication towers,small cell facilities,and building mounted antennas J.13. CITY OF VIRGINIA BEACH— APPROVED,BY 9-0 Y Y Y Y Y AY YAYY Ordinance to AMEND City Zoning CONSENT Ordinance(CZO)Sections 301,401,501, 601,701,801,901,1001,1501, 1521, 1531,2203 and the Oceanfront Resort District Form Based Code Sections 5.2, 5.2.16 and 5.3.17 re communication towers,small cell facilities,building mounted antenna and temporary towers J. APPOINTMENTS: RESCHEDULED BYCO N S E N S US 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/18/2021 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE R 4 I. H W W B t E J R T I 0 13 C DNOMOO L W 0 O C Y L NOUWS 0 T T HEEES S E O O E T I R , Y S S ERNDN CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE ARTS AND HUMANITIES APPOINTED 9-0 YYYY Y A Y Y A Y Y COMMISSION Reappointed: Brenda Roberts 4 Year Term 7/1/2021-6/30/2025 BAYFRONT ADVISORY COMMISSION APPOINTED 9-0 Y Y Y Y Y A Y YAYY Reappointed: Wallis Damon 3 Year Term 7/1/2021-6/30/2024 BIKEWAYS AND TRAILS ADVISORY APPOINTED 9-0 Y Y Y Y Y A Y Y A Y Y COMMITTEE Reappointed: Walter Camp 3 Year Term 7/1/2021-6/30/2024 Appointed: Barbara Henley—Represents City Council Member 3 Year Term 7/1/2021-6/30/2024 CITIZENS REVIEW PANEL TASK APPOINTED 6-3 Y Y Y Y Y A N N A Y N FORCE Appointed: Veronica Coleman Steve Cover Michael Imprevento Alfred Jacocks Susan Mayo Sean Monteiro Theresa Orr Karen Pruden William Rice Yusuf Tejada Patricia West 5/1 ROM 1-N(1 TFRM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/18/2021 PAGE: 5 B AGENDA ITEM# SUBJECT MOTION VO"1 I- A L H W W B U E J R T I 0 BC DNOMO 0 L W 0 O C Y L NOUWS 0 T THEE E S S E O O E T I R Y S S ER NDN COMMUNITY SERVICES BOARD APPOINTED 9-0 Y Y Y Y Y A Y Y A Y Y Appointed: Michael Anderson Cindy Curtis Unexpired Terms thru 9/30/2023 SOCIAL SERVICES ADVISORY APPOINTED 9-0 Y Y I Y Y Y A Y Y A Y Y BOARD Reappointed: Robin Foreman-Wheeler 4 Year Term 7/1/2021-6/30/2025 Appointed: Carrie Waites 4 Year Term 7/1/2021-6/30/2025 _ TIDEWATER COMMUNITY COLLEGE APPOINTED 9-0 Y Y Y Y Y A Y Y A Y Y Reappointed: Delceno Miles 4 Year Term 7/1/2021-6/30/2025 L/M/N ADJOURNMENT 7:36 PM