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HomeMy WebLinkAbout01-16-2018 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL G`NNq Eqc MAYOR WILLIAM I) SESSOMS, IR At-Large JQ b tit VICE MAYOR LO2ISR /ONES Spode D,.' od 4 OR i-SSAAI ABB077Kemmuzlic-DmIriel2 M BENJAMIN DAVENPORT ORT At Large g- ' ROBNU M.DYL✓2 Centerville D I V 4 V m✓ BARBARA M MhLEY,Pronce.ts Anne D ' SHANNON DS KA E,Rose Hall D,mn3 JOHN 12 MOSS,At Large JOHN Ii.UHRIN,Beach Daine(6 °°' ROSEMARY WILSON,A2.Iage JAMES E.. WOOD,Lynnhaven-D,emc2 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVIDL.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITYATTORNEY MARKD.STILES CITY COUNCIL AGENDA PHONE_(75D 385-4303 CITY ASSESSOR RONALD I) AGNOR FAX(757)385-5669 (IZY AUDITOR-L YNDON,S.RIEMASJanna 16, 2018E-MAIL:CEycncl@vbRov.com CITY CLERK AMANDA.BARNES' MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 3:00 PM 1. 2040 VISION TO ACTION COMMUNITY COALITION—Update Joe Voorhees, Chair and Cindy Arocho, Vice-Chair II. CITY MANAGER'S BRIEFINGS 1. ADOPT- A-DRAIN PROGRAM Melanie Coffey, Permit Administrator—Public Works 2. ANNUAL CRIME STATISTICS Chief James Cervera—Police 3. CONVENTION CENTER COMPLEX—Parking Ronald H. Williams, Jr., Deputy City Manager 4. TIP FUND - Update David Bradley, Director—Budget and Management Services III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Cameron Randle Eastern Shore Chapel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES L INFORMAL and FORMAL SESSIONS January 9, 2018 G. FORMAL SESSION AGENDA I. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. Darcy Warren—Muscular Dystrophy Association I. PUBLIC COMMENT L PROPOSED PIER PROJECT J. PUBLIC HEARINGS I. EXCHANGE OF EXCESS CITY PROPERTY Oyster Leases 2. SALE OF EXCESS PROPERTY 2305 Indian Hill Road K.ORDINANCES/RESOLUTION 1. Ordinance declaring Oyster Lease 1421051 to be in excess of the City's needs and authorizing the City Manager to exchange this lease for a portion of Oyster Lease#19788 from Brent James re Gills Cove Neighborhood Dredging Project 2. Ordinance to authorize Temporary Encroachments into a portion of City right-of-way known as Wildwood Drive located adjacent to 1800 First Colonial Road re Colonial Arms Associates, LLC 3. Resolution to EXTEND the City's cable franchise with Verizon Virginia, Inc. until the earlier of June 30, 2018 or the date on which the franchise agreement is renewed L. PLANNING I. TERRANCE and TATYANA VEAL for a Conditional Use Permit re Family Day-Care Home at 1504 Catesby Circle DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 2. DACOR, LLC for a Variance to Section 4.4 (b) of the Subdivision Regulations at Ferry Point Road DISTRICT 2—KEMPS V ILLE RECOMMENDATION: APPROVAL 3. HERTZ CORPORATION and IEH AUTO PARTS LLC for a Conditional Use Permit re Motor Vehicle Rentals at 1116 Lynnhaven Parkway DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 4. PRINCESS ANNE SHOPPES OWNER'S ASSOCIATION,INC for Modification of Proffers at North Landing Road and George Mason Drive DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. Ordinance to AMEND Section 901 of the City Zoning Ordinance to allow off-site parking facilities as permitted uses in the B-2 Zoning District with specific requirements RECOMMENDATION: APPROVAL 6. Ordinances re Short Term Rentals—Based on a Resolution adopted by the City Council on January 9,2018, to allow additional time for the Planning Commission to consider the alternative Ordinances and the recommendation is to DEFER a. AMEND Sections 102, 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the City Zoning Ordinance(CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO pertaining to Definition, Requirements and Use of Home Sharing and Short Term Rentals b. ADD Article 23, Consisting of Sections 2300 through 2303 (Short Term Rental Overlay District) to the CZO establishing regulations and requirements pertaining to Short Term Rentals c. AMEND the Official Zoning Map by the designation and incorporation of property into the Short Term Rental Overlay District d. AMEND Sections 1I1, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO pertaining to Definition, Requirement and Use of Home Sharing and Short Term Rentals e. AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code and Add Section 209.6 of the CZO pertaining to the Definition, Requirements and Use of Accessory Use-Short Term Rentals RECOMMENDATION: DEFERRAL M. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORM WATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS • O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-4303 01/16/IRst I. CITY COUNCIL'S BRIEFING - Conference Room- 3:00 I'M 1. 2040 VISION TO ACTION COMMUNITY COALITION—Update Joe Voorhees, Chair and Cindy Arocho, Vice-Chair II. CITY MANAGER'S BRIEFINGS 1. ADOPT- A-DRAIN PROGRAM Melanie Coffey, Permit Administrator—Public Works 2. ANNUAL CRIME STATISTICS Chief James Cervera—Police 3. CONVENTION CENTER COMPLEX—Parking Ronald H. Williams, Jr., Deputy City Manager 4. TIP FUND - Update David Bradley, Director—Budget and Management Services III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Cameron Randle Eastern Shore Chapel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 9, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. Darcy Warren—Muscular Dystrophy Association I. PUBLIC COMMENT 1. PROPOSED PIER PROJECT J. PUBLIC HEARINGS 1. EXCHANGE OF EXCESS CITY PROPERTY Oyster Leases 2. SALE OF EXCESS PROPERTY 2305 Indian Hill Road 51 N4si µf PUBLIC HEARING EXCHANGE OF EXCESS CRY PRGPERlY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and exchange of city-wned property, Tuesday,January 16.2018 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center,Virginia Beach. Virginia. Approximately 7.98 Acres y-of City owned Oyster Lease (VM RC Lease Number 210611 The purpose of Nis nearing will be to obtain public input to determine whether the property should be declared'excess of the Cm's needs'and exchanged for a 2.85-acre y-portion of another Oyster Lease(VMRC Lease#19788)plus other good and valuable services. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERICS OFFICE at'aR56ani;Hearing Impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any Questions ce erning this matter should be directed to the office of Real Estate, Building#2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (7571385416g3t5-4YpI6L Al interested parties are invited to attend. City Clerk's office BEACON'. January 7.2018 y FUBUC HEARING SALE OF MESS CRY PROPERTY The Virginia Beach City Council will holda PUBLIC HEARING on the disposition of Ci -Owned property and easement, Tuesday,January 16.2018 at fico pm., in the Council Chamber of the City Hall Building (Building Ng at the Virginia Beach Municipal Center,Virginia Beach, Virginia.The property Is located at 2305 Indian Hill Road IOPIN 1479.9.5048) and the easement encumbers the adjacent lot(BPIN 147999-4093) The purpose 01 This hearing will be to obtain public input to determine whether this property and property interest should be declared"Excess of the City's needs'. if you are Postale disabled or vbualy Impaired and need assistance at this meeting, please call the COY CLERK'S OfRCE at 3864303:Hearing Impaired. call 14C08288120 (Virginia Relay - TelephoneOeicefortheDean. Any questions concerning ning this matter should be directed to the Office of Real Estate, Building Y2. Room 392. at the Virginia Beach Municipal Center- The Real Estate Office telephone number is (757)385-161. All interested parties are invited to attend. City Clerk's Office 0 BEACON' January 7,2018 K.ORDINANCES/RESOLUTION 1. Ordinance declaring Oyster Lease #21051 to be in excess of the City's needs and authorizing the City Manager to exchange this lease for a portion of Oyster Lease#19788 from Brent James re Gills Cove Neighborhood Dredging Project 2. Ordinance to authorize Temporary Encroachments into a portion of City right-of-way known as Wildwood Drive located adjacent to 1800 First Colonial Road re Colonial Arms Associates, LLC 3. Resolution to EXTEND the City's cable franchise with Verizon Virginia, Inc. until the earlier of June 30, 2018 or the date on which the franchise agreement is renewed \cc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring Oyster Lease #21051 to be in excess of the City's needs and authorizing the City Manager to exchange this lease for a portion of Oyster Lease #19788 from Brent James MEETING DATE: January 16, 2018 ■ Background: On March 24, 2014, the Gills Cove Neighborhood Dredging Special Services District was established (the "Gills Cove Project"). A Joint Permit Application was submitted in January 2017 to obtain permits and authorization from regulatory agencies to advance the project. The Virginia Marine Resources Commission ("VMRC") requires that all dredging applicants obtain written consent from any oyster lease holder to dredge through oyster grounds leased by the State to private parties. There is one oyster ground at the entrance to Gills Cove leased by Brent James ("James") ("VMRC Lease #19788") that requires James' written consent before the Gills Cove Project can begin. The City acquired Oyster Lease #21051 in 2016 as a part of the acquisition of approximately 140 acres of oyster leases to be used for the Lynnhaven Ecosystem River Restoration Project, a joint project between the City and the Army Corps of Engineers, to restore ecosystem habitat in the Lynnhaven River (the "Ecosystem Restoration Project"). The Ecosystem Restoration Project is currently unfunded. • Considerations: The City has negotiated an oyster lease exchange with James, pursuant to which the City will acquire a 2.85+/- acre portion of James' lease (VMRC Lease #19788) in exchange for the City's 7.98+/- acre lease (VMRC Lease #21051). James also has agreed to perform annual oyster propagation activities over all of the remaining City-held oyster leases (approximately 132 acres) for the next ten years to ensure compliance with State oyster lease requirements. As part of the exchange, James will execute a written Consent to Dredge, which will be in effect until the exchange is complete and approved by VMRC. James is a supporter of the Ecosystem Restoration Project and, in the event Oyster Lease #21051 is determined to be suitable for such project when the project is funded, James will allow it to be used for that project after the exchange. • Public Information: Advertisement for public hearing as required by Section 15.2- 1800 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Retain ownership of Oyster Lease #21051. • Recommendations: Approval. • Attachments: Location Map, Disclosure Statement, Ordinance, and Summary of Terms Recommended Action: Approval of the Ordinance Submitting Departm ncy: Public Works/Real Estate CK City Manager: 1 AN ORDINANCE DECLARING 2 OYSTER LEASE #21051 TO BE IN 3 EXCESS OF THE CITY'S NEEDS AND 4 AUTHORIZING THE CITY MANAGER 5 TO EXCHANGE THIS LEASE FOR A 6 PORTION OF LEASE #19788 FROM 7 BRENT JAMES 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain to Oyster Lease #21051 located in the Lynnhaven River ("Oyster Lease #21051"), more 11 particularly described on the Virginia Marine Resources Commission ("VMRC") map 12 attached hereto; 13 14 WHEREAS, the City acquired Oyster Lease #21051 as part of an acquisition of 15 approximately 140 acres for the Lynnhaven River Ecosystem Restoration Project (the 16 "Project"), a joint project between the City and the Army Corps of Engineers, for which 17 there is no current funding available; 18 19 WHEREAS, Brent James ("James") owns Oyster Lease #19788, a portion of 20 which is needed for the Gills Cove Neighborhood Dredging Project; 21 22 WHEREAS, James has agreed to exchange a 2.85-acre portion of Oyster Lease 23 #19788 (the "James Oyster Lease Portion") and to make and certify annual oyster 24 propagation attempts on the remaining Project oyster leases so that the City remains in 25 compliance with VMRC leasehold requirements; 26 27 WHEREAS, James has also agreed to allow the City to utilize Oyster Lease 28 #21051, once exchanged, for its originally intended purpose of habitat restoration if it is 29 found by the Army Corps of Engineers and/or NOAA to be suitable for such restoration 30 at the time the Project is funded; and 31 32 WHEREAS, the City Council has determined that it is the best interests of the 33 City to complete the exchange. 34 35 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 That the Oyster Lease #21051 is hereby declared to be in excess of the needs of 39 the City of Virginia Beach and that the City Manager is hereby authorized to execute 40 any documents necessary to exchange Oyster Lease #21051 to James for the James 41 Oyster Lease Portion, in accordance with the Summary of Terms attached hereto as 42 Exhibit "A", and such other terms, conditions or modifications as may be acceptable to 43 the City Manager and in a form deemed satisfactory by the City Attorney. 44 45 This ordinance shall be effective from the date of its adoption. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of , 2018. CA14190 R-1 PREPARED: 1/3/18 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d020\P026\00442206.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY • t • �_.., PUBLIC WORKS, REAL ESTAT CI Y ATT° NEY EXHIBIT "A" SUMMARY OF TERMS PARTIES: City of Virginia Beach ("City ) Brent James ("James") CITY PROPERTY TO BE TRANSFERRED TO JAMES: 7.98 acres of Oyster Lease #21051 JAMES PROPERTY TO BE ACQUIRED BY CITY: 2.85 acres of Oyster Lease#19788 CONDITIONS OF SALE • James will transfer a portion of Oyster Lease #19788 to the City of Virginia Beach and the City will transfer its interest in Lease #21051 to James. • James will execute a Consent to Dredge, which will allow the City to proceed with its dredging project until the transfer with VMRC has been finalized. • James will, at no cost to the City, attempt to propagate oysters on the City's Oyster Leases #21048, 21049, 21050, 21052, 21053 and 21054 each year, for ten (10) years, and certify to the City that such attempts have been made. • James and the City shall each be responsible for their own costs of transfer and survey, if necessary. • If the Army Corps determines that Oyster Lease #21051 is suitable for the Lynnhaven River Ecosystem Restoration Project, when that project is funded, James will allow the lease to be used for the project. 1. 4:,_1_,,,,,,, , 01:1 :----,-- 1II I II co 4 s d GI 3 a `yam u n n < m Co411111Libs, *(4* L_______ f . .. ... 11.1°$t44 . J p 1 % too , ..... il 4401)hi, 3 , \,,,,, cn 3 N . A g -±. A. , 10 I, N ‘11111111111k)—ill. "i 3 a 4--..„... i • _ . O 3 XI / 1 bf ' . 44* 0 q 3 -------- O I N t lior ,6 y 1, = . E r su O / / /w,, -ti - ., le , , co 0 // / // ▪ O /// O N -I, 0 N '"1 c - \"..**'-',.../- A CO N N Z z z z s . . to en to uI C -------- N N N N 'Q' '' '' ,p' v (41 `�� C N N 0 T as r aIe01oe � 8 Or rr O i< 111.' o C) O . I. m 0 3 al -E+ a °= Z cozaND u bo2,, N rN , HI • • o �. a' O r+ I"' CD .45 r- /O 0 ' ,/ Zo I t .ter / D j .?\) A / i 1 � / ti �� N / /O I / 111 1 / / V / • i. • •• '' i `. .1 II 4;. •! .11/4B Virginia Beach APPLICANT'S NAME 1-44-" ---1 71'1i 6- 2 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ♦ • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE roa Ory uSE nw ri ; oc .a., _ Page 1 of 7 APP(IC AN NOIIIILO O! HEARING i, El NO alANCES AS Of . HI 11 REVISIONS WWI I IF O ^ IL :NB Virginia Beach X- Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: t� - T0.1""tt> If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 4 ' SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. )< Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ri Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: bite — "" d-ua e_5 If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code 4 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 (Hi) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION S EPERATELY Page 3 of 7 NB, APPLICANT Virginia Beach YES 1 NO SERVICE PROVIDER (use additional sheets if needed) 7 Accounting and/or preparer of your tax return • D Architect / Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 7 ❑x Construction Contractors 7 Engineers / Surveyors/Agents Financing (include current (' E ❑ mortgage holders and lenders "k a-:3c once selected c'� selected or being considered to provide financing for acquisition or construction of the property) 7 Legal Services Real Estate Brokers / Agents/Realtors for current and ' anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Apppl/lii,�Caa9ita/ r�/� 4 .fNi' ,T/'/'ul IZ�Zr�'9 APPLICANTATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if 1 needed/ f Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than F-71 the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) nConstruction Contractors WEngineers / Surveyors/Agents Financing (include current (it,a3t inc �cC: c-I- mortgage holders and lenders l f selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / A Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ [1 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 111/4B Virginia Beach ICERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. i PROPERTY WNER'S SIGNATURE PRINT NAME DATE 1 Page 7 of 7 ((((/// „; (41t).) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Right-Of-Way known as Wildwood Drive Located Adjacent to 1800 First Colonial Road MEETING DATE: January 16, 2018 • Background: Colonial Arms Associates, L.L.C., a Virginia limited liability company, has requested permission to encroach into a portion of City right-of-way known as Wildwood Drive to maintain 456.5 linear feet of fencing; 58 linear feet of existing landscaping; and a portion of a 488-square-foot existing shed (the "Encroachments") adjacent to its property located at 1800 First Colonial Road. The Encroachments extend approximately 15 feet into the right-of-way for a distance of 456.5 linear feet. • Considerations: City staff has reviewed the requested encroachments and recommends approval of same, subject to certain conditions outlined in the Agreement. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Location Map, Picture, Disclosure Statement, Agreement, Ordinance and Exhibit. Recommended Action: Approval of the ordinance. Submitting Dep rtmen cy: Public Works/Real Estate RS City Manager: i 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY RIGHT-OF-WAY 6 KNOWN AS WILDWOOD DRIVE 7 LOCATED ADJACENT TO 1800 FIRST 8 COLONIAL ROAD 9 10 WHEREAS, Colonial Arms Associates, L.L.C., a Virginia limited liability 11 company, desires to maintain the existing 456.5 linear feet of fencing; 58 linear feet of 12 landscaping; and a portion of a 488-square-foot shed within the City's right-of-way known 13 as Wildwood Drive (the "Temporary Encroachments"). 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's right-of-way subject to such terms and conditions as Council may prescribe. 18 19 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in§§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Colonial Arms Associates, 24 L.L.C., and its assigns and successors in title are authorized to maintain the Temporary 25 Encroachments consisting of the existing 456.5 linear feet of fencing; 58 linear feet of 26 landscaping; and a portion of a 488-square-foot shed, into a portion of the City's right-of- 27 way known as Wildwood Drive as shown on the exhibit entitled: "Exhibit 'A', FENCE, 28 SHED, AND LANDSCAPING ENCROACHMENT EXHIBIT FOR COLONIAL ARMS 29 APARTMENTS 11-07-17 VIRGINIA BEACH, VA #1800 FIRST COLONIAL ROAD 30 COLONIAL ARMS ASSOCIATES, L.L.C., DEED BOOK 2391, PAGE 1022 GPIN:2408-52- 31 8755-0000", prepared by MidAtlantic Surveying and Land Design, a copy of which is 32 attached hereto as Exhibit "A" and is on file in the Department of Public Works and to 33 which reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and Colonial Arms Associates, L.L.C. (the 38 "Agreement"), an unexecuted copy of which has been presented to City Council in its 39 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of 40 the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Colonial Arms Associates, L.L.C. and the City Manager or his authorized 46 designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 day of , 2018. 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V.�rye j_ - >ii J•_ • r 1t a t ' `..../.4-4.`.. ;."..--k 3 +- ri..r+yk ' C;�+ cit"hi,".1 +.• ' .,- .\..:- r .. , .• . , ..._ . ,J.: . ., .: ,. ;It •..-... t 7 !1 � ' s X • A , ♦y, -: \ 4. 4 "`A. y ,1 o r ' o •. i r.- . 73 � y ti 4! w •� • 1_J Virginia Beth APPLICANT'S NAME — COLONIAL ARMS ASSOCIATES, L.L.C. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia each requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) g Board of Zoning Encroachment Request Rezoning Appeals g Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/rte ulsdlosures musibe itpdatrd c.o 121 weeks oriot la any Page I of Planninq Commission and City Council II'caring,hal pert Bins to the appli,ationls). •❑ APPI'Ce'TNOTtAnl ED OF HEARING Or' 0 NO CHANGES AS Or —___. _ _ DATE Il8/Id nv' s P �¢nnd REVISIONS NB'All'lE0 S { NOV 1 4 1011 'AL ESZP" NB Virginia Bwch Check here If the APPII SCANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT tc a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_cpinnial Arm. Associates, L.L.C. If an LLC, list all member's names: See Exhibit p ; If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) NONE See next page for Information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ijjprajrerty owner is different from Applicant. ri Check here if the PROPERTY OWNER I.S NOT a corporation, partnership, firm, business, or other unincorporated organization. r I Check here if the PROPERTY OWNER Is a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's nama If an LLC, list the member's names: Page 2 of 7 VIrginla Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (3)List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (Ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities, Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va. Code 4 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated oli the Property, If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Pal 3 of APPLICANT Virginia Beach YES NO SERVICE PROVIDER lase additional sheets Rl needed) 1717 Accounting and/or prepater of your tax return Dixon Hughes Goodman, LL1 Architect/Landscape Architect/ land Planner Retnauer Baynes Associates, LLC LJpip/ Contract Purchaser Of other than ✓� the Applicant)- identify purchaser and purchaser's service providers N/A Any other pending or proposed I purchaser of the subject property 1 — (identify purchaser(s)and N/A purchasers servire providers) 17 Construction Contractors Waverton Associates LEngineers/Surveyors/Agents Langley4fcDonald, Inc., hid-Atlantic financing (include current N f mog ' Now-Freddie Mac YI L selectertgad e or beingholders considered to Future - Grandbridge Rea. Estate provide financing for acquisition Capital or construction of the property) Legal Services Williams Mullen Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the N/A subject property ._.,.,._�._�. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have x an interest in the subject rand or any proposed development contingent on the subject public action? I(yes, what is the name of the official or employee and what is the nature of the interest? *Surveying and Land Design Page 9 o' Virginia Beach CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information provided herein tw.a weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. COLO ARMS ASSOCIATES, L.L.C. Thomas L. Stokes, Jr. �// ^� ny 7S4o41--• Gilliam B. Haller in 11/8/17 APPLICAM'S SIGNATURE PRINT NAME DATE nanageis Page 5 of 7 EXHIBIT E Wendell C. Franklin W. Taylor Franklin Martha K. Stokes Lindsay Ann Nusbaum 2009 Trust Matthew R. Nusbaum 2009 Trust Andrew S.Nusbaum 2009 Trust Richard M. Jacobson William H. Halprin Alan L.Nordlinger Patrick C. Devine Family Trust Donald Katz Ronald H. Rowe Colonial Arms Family Partnership Thomas L. Stokes,Jr. Ann Pearce Stokes Jack B. Stokes Gordon K. Stokes John Randolph Stokes Arthur G. Polizos Family Trust Robert C. Nusbaum Mary Lou McPhaul Trust Children's Trust f/b/o Frederic A. Eustis. Ill cst ablished under the Peter Eustis Trust dated May 26. 1992, as amrnded Children's Trust f/b/o Robert D. Eustis, established under the Peter Eustis'frust dated May 26, 1992, as amended Children's Trust f/b/o Helen H. Edever, established under the Peter Eustis Trust dated May 26, 1992, as amended Children's Trust f/b/o Anne B. Eustis Hough, established under the Peter Eustis Trust dated May 26, 1992,as amended Gerald M. Zeno and Rebecca Beach Smith, Joint Tenants with Right of Survivorship as at Common Law H& A Associates Harrison New Investment Trust Lynn T. Polizos George A. Polizos Robert C. Nusbaum,Jr. William L.Nusbaum Julie Harrison Mayer TJJ Harrison LLC TLSFP, LLC JRSFP, LLC GKSFP, LLC APSFP, LLC PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 2J 'day of I M,LQN\e' , 2011 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and COLONIAL ARMS ASSOCIATES, L.L.C., a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL A"; as shown on that certain plat entitled: "SURVEY OF PROPERTY FOR EDWARD P BROGAN, MARIO MONTAGINO & CHARLES S CARUANA LYNNHAVEN BOROUGH — VIRGINIA BEACH, VIRGINIA", dated September 1964 and prepared by Frank Tarrall Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 65, at page 24, and being further designated, known, and described as 1800 Colonial Arms Circle, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to maintain the existing 456.50 linear feet of fencing; 58 linear feet of landscaping; and a portion of a 488 square foot shed (collectively, the "Temporary Encroachments"), in the City of Virginia Beach; and GPIN: (CITY RIGHT-OF-WAY- NO GPIN ASSIGNED) - Wildwood Drive adjacent to GPIN: 2408-52-8755 - 1800 First Colonial Road WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of the existing City right-of-way known as Wildwood Drive (the "Encroachment Area"); and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing, maintaining and, in the case of the shed, removing the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: The Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" FENCE, SHED, AND LANDSCAPING ENCROACHMENT EXHIBIT FOR COLONIAL ARMS APARTMENTS 11-07-17 VIRGINIA BEACH, VA #1800 FIRST COLONIAL ROAD COLONIAL ARMS ASSOCIATES, L.L.C., DEED BOOK 2391, PAGE 1022 GPIN: 2408-52-8755", prepared by MidAtlantic Surveying and Land Design, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not 3 less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the shed will be removed within twelve (12) months of the date of this Agreement. It is further expressly understood and agreed that because the Temporary Encroachments must conform to the minimum setback requirements, as established by the City and/or as provided by the City's Zoning Code, if the shed is not removed within twelve (12) months of the date of this Agreement, the Grantee must procure any permits or variances required by law for the Temporary Encroachments shown on Exhibit A attached hereto. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Colonial Arms Associates, L.L.C., a Virginia limited liability company, has caused this Agreement to be executed on its behalf by Thomas L. Stokes, Jr. and William H. Halprin, Managers of Colonial Arms Associates, L.L.C., with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager or his authorized designee, and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Colonial Arms Associates, L.L.C., a Virginia limited liability company By 7 (SEAL) Thomas L. Stokes, Jr., Manager By (SEAL) William H. Halprin, Manager STATE OF COAAMO�I leC6—�0- V�it;rlia CITY/COUNTY OF 1 O cO\K , to-wit: The foregoing instrument was acknowledged before me this i $ day of QeQerkEIQX , 2011 , by Thomas L. Stokes, Jr., Manager and William H. Halprin, Manager, of Colonial Arms Associates, L.L.C., a Virginia limited liability 1 company. IUV W�`t -(rW40, AL) Notary Pu I' .s"\ ANN own rkpti e'er Notary Registration Number: 11141$ �?o�'Monwp ,.s!y •4 exp„us CZ;0 My Commission Expires: 5 '3\ —�C1?0 = *` 0]3J2020 e „ *_ X04,„ ZOl•.1#/RGNNl G h�pn in,,,,•_. 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 461. (CAkg/it R£ G(.f7i/ / GNAT 'E CITYATTO EY , 'f DEPARTMENT 8 maws / g piinglHw2 \ G ) LLI ry 0 \ i < e \ m \ _ } / \ ( / !� « a\// I8499 \ ( E ° § : § ; � \ / a + ƒ kk � � \ - - \ \ \ ' S MI , "I : : 0 ® , _ .. . E \ ,\ Li, 0 - U- PI- Al. > \ - � ° ^ rN { / \ \ )) ` / z ` ® 0 cc cc 0 }� « � \ 2 -7111-CO \ g ° » ` E 1 \FN ( « 4 : } 0101co .13 I' ^ ® ® w \ » _ ■ ...if') » s 1,9'S Er?{} ! „ {k » •Iwo 00 / I \B CV CS \ cp ` ` ® « }E ! \ � \ . - }k r- e . CD N. © � 8 \ \+ \ - )c, ) •� Limp Q. * 8M - a = ®: , ® °! - \ \\ II § f m y & ■QE J— \ ; _ c » n ! » ` - � | - ee ! ! ! `!w & ! ) » % \ » + § ( (!; ! ” \ e \ , I pc >< / 2 \ E / ($$ \ y kV c.j CZ - \\ _ ^ m \a � ~ } \\ ! \ \ ` � \ \ \ « / }\ \ } \ / CO 2 : / / 0 Lu f ° CZ I rt ta a , \ \ \® \ § \ ( *y a. «�> , \ r k + ` ' 1 ; y,\ . (4)H4) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to extend the City's cable franchise with Verizon Virginia, Inc. until the earlier of June 30, 2018 or the date on which the franchise agreement is renewed MEETING DATE: January 16, 2018 • Background: On December 22, 2006, the City granted a 10-year fiber optic cable television franchise (the "Franchise") to Verizon Virginia, Inc. ("Verizon"). The parties extended the Franchise by RES-03829 to June 20, 2017, and further by RES-03852 to December 31, 2017. Under federal law, a local franchising authority such as the City may undertake to identify the community's future cable-related needs and interests and to review the performance of the cable operator. The City engaged the services of an outside consultant to perform a needs assessment for this purpose. The City is continuing to work with the consultant and Verizon to negotiate the terms of a renewal agreement (the "Franchise Renewal") and desires to further extend the current terms of the Franchise until the parties are able to finalize the Franchise Renewal. • Considerations: The City granted the initial Franchise in 2006, when fiber optic cable television (FiOS) technology first became available in the City. Since that time, much has changed regarding this technology and its availability throughout the City. This extension will allow City staff to fully assess the residents' needs identified in the consultant's report in order to better negotiate the terms of the Franchise Renewal. This Resolution will authorize the City Manager to execute the documents necessary to acknowledge Verizon's ability to continue to provide cable services within the City until the Franchise Renewal is complete. • Public Information: Advertisement of City Council Agenda • Recommendation: Approval • Attachments: Disclosure Statement Resolution Recommended Action: Approval Submitting Depa/ eirt/Agency: Information Technology? City Manage ` s 1 A RESOLUTION TO EXTEND THE CITY'S CABLE 2 FRANCHISE WITH VERIZON VIRGINIA, INC. UNTIL THE 3 EARLIER OF JUNE 30, 2018 OR THE DATE ON WHICH 4 THE FRANCHISE AGREEMENT IS RENEWED 5 6 WHEREAS, the City's current cable franchise agreement extension with Verizon 7 Virginia, Inc. ("Verizon") expired on December 31, 2017 (the "Franchise"); 8 9 WHEREAS, the City has been conducting a public needs assessment 10 concerning the renewal of such franchise and has been engaged with Verizon in 11 negotiations to that end; 12 13 WHEREAS, review of the needs assessment and negotiations could not be 14 concluded prior to the expiration date of the Franchise; and 15 16 WHEREAS, the parties wish to extend the current franchise to June 30, 2018 or 17 the date on which the Franchise is renewed, whichever first occurs, under the same 18 terms and conditions set forth in the Franchise; and 19 20 WHEREAS, the requested extension will not affect Verizon's customers, except 21 to allow them to continue to receive fiber optic cable television (FiOS) from Verizon. 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized and directed to execute on behalf of 27 the City all of the documents necessary to extend the Franchise to June 30, 2018. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 30 , 2018. APPROVED AS TO CONTENT APPROVED AS TO LEGAL ♦ SUFFICIENCY AND FORM �' !di ation T-chnology City Attorney CA14193 R-1 January 3, 2018 Virginitr Be, DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ♦ • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, • • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/Allins, CiSLIIS, IIILISI nisaiuci tisn isseks cecr to any Page 1 of 4 < <h fling Cr. suissins. and , Cc.incilmeeting that per innsto '.ne annual.ons:. a APPLICANT NOTIFIED OF HEARING CAI n ErNO CHANGES AS OF D s3//9 Lo REVISIONS SUBMITTED CNL Virginia Beach other unincorporated organization, AND THEN complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Verizon Virginia LLC (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Verizon Virginia LLC is wholly-owned by Verizon Communications Inc. See next page for information pertaining to footnotes[ and 2 • 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 11/4B Virginia Beach 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 CO one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) C ® Accounting and/or preparer of your tax return ® Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than E ® the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s) and purchaser's service providers) O ® Construction Contractors Engineers / Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. lB Virginia Beach • Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® 0 Legal Services Kerbey Hartington Pinkard LLP Real Estate Brokers/Agents for ❑ ® current and anticipated future sales of the subject property • e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the CIty of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes, what Is the name of the official or employee and what Is the nature of the interest? WA CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin• • .n • b ' ody or committee in connection with this Application. Joshua Grubman, Esq- /Z/1.1/14 •'pucANr's SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained In this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. L. PLANNING I. TERRANCE and TATYANA VEAL for a Conditional Use Permit re Family Day-Care Home at 1504 Catesby Circle DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 2. DACOR,LLC for a Variance to Section 4.4(b)of the Subdivision Regulations at Ferry Point Road DISTRICT 2—KEMPS V ILLE RECOMMENDATION: APPROVAL 3. HERTZ CORPORATION and IEH AUTO PARTS LLC for a Conditional Use Permit re Motor Vehicle Rentals at 1116 Lynnhaven Parkway DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 4. PRINCESS ANNE SHOPPES OWNER'S ASSOCIATION,INC for Modification of Proffers at North Landing Road and George Mason Drive DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. Ordinance to AMEND Section 901 of the City Zoning Ordinance to allow off-site parking facilities as permitted uses in the B-2 Zoning District with specific requirements RECOMMENDATION: APPROVAL 6. Ordinances re Short Term Rentals—Based on a Resolution adopted by the City Council on January 9, 2018,to allow additional time for the Planning Commission to consider the alternative Ordinances and the recommendation is to DEFER a. AMEND Sections 102, 111,401, 501, 601,901, 1110,1125, 1521 and 2203 of the City Zoning Ordinance(CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO pertaining to Definition, Requirements and Use of Home Sharing and Short Term Rentals b. ADD Article 23, Consisting of Sections 2300 through 2303 (Short Term Rental Overlay District)to the CZO establishing regulations and requirements pertaining to Short Term Rentals c. AMEND the Official Zoning Map by the designation and incorporation of property into the Short Term Rental Overlay District d. AMEND Sections 1 11, 401, 501, 601,901, 1110, 1125, 1521 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO pertaining to Definition, Requirement and Use of Home Sharing and Short Term Rentals e. AMEND Sections 1 11,401, 501, 601,901, 1110, 1125, 1521 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code and Add Section 209.6 of the CZO pertaining to the Definition, Requirements and Use of Accessory Use-Short Term Rentals RECOMMENDATION: DEFERRAL NOnGE OF PUBUC HEARING The regular meeting or the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building.Municipal Center.Virginia Beach. Virginia,on Tuesday.January 16.2018 at 6:00 p.m.,at which time the following applications will be heard: DISIRICT 3-ROSE HALL Tatyana Veal/Terrance&Tatyana Veal Conditional Ucp EP=(Family Daycare Home) 1504 catesby Circle (GRIN 1475559585) DISTRICT 2-KEMPSVILLE Decor,LLC Subdivision Variance(Section 4.0 01 of toe Subdivision Regulations) Ferry Point Road (GRIN 14650991.29) DISTRICT 3-ROSE HALL Herd Corporation/IEH Auto Parts LLC Conditional Use Permit (Motor Vehicle Rentals) 1116 Lynnhaven Parkway(GPIN 1496005748) DISTRICT 7-PRINCESS ANNE Princess Anne Shoppes Owner's Association, Inc. Modification of Proffer Northwest Corner of Intersection of North Landing Road &George Mason Drive(GRIN 1494811538) CIN M VIRGINIA BF1LH - An Ordinance to Amend Section 901 of the City Zoning Ordinance to allow of- site parking facilities as permitted uses in the 8-2 Zoning District with Specified requirements pit OF NRBNA BFMJ( - An Ordinance to Amend sections 102,111.401,501,601.901,1110.1125. 1521 and 2203 Of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form- Based Code and Add Sections 209.6 an0 241.2 of the CO Zoning Ordinance pertaining to Definition, Requirements end U5e Of Home Sharing and Short Term Rentals ply OF NRG NM BFMM-An Ordinance to Add Article 23.Consisting of Sections 2300 through 2303.(Short Term Rental Overlay District) to the City Zoning Ordinance Establishing Regulations and Requirements pertainingto Short Term Rentals CITY OF NRG(NP BEACH-An Ordinance to Amend the Official Zoning Map by the Designation and Incorporation of Property into Short Term Rental Overlay District CITY OF VIRGINIA BEAM - An Ordinance to Amend Sections 111,401,501,601,901,1110.1125.1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code and Add Sections 209.5 and 241.2 of the City Zoning Ordinance pertaining to Definition. Requirements and Use of Home Sharing and Short Term Rentals CITY OF VIRGINIA BEACH - An Ordinance to Amend Sections 111,401.501.601.901.1110,1125.1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Cade and Add Section 209.6 of the City Zoning Ordinance Pertaining to the Definition,Requirements and Use of Home Occupation Snort Term Rental All interested parties are invited to attend. C /1 Use Ruth Hodge MMC i Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at tato 7www,vb64YcoLVpc. kr information call 385-4621. If you are physically dLabled or visually Impaired and need assistance at this meeting,please call the CITY CLERKS OFFICE at 385-0331: Hearing impaired call 711(Virginia Relay-Telephone Device for the Deaf). BEACON: DECEMBER 31,2017&IANUARY 7,2018- 1 TIME EACH. 1,\ A 1 r I 1 I -'. \ \ __ 1 11 ` - 1 ---""� I Ii 11 1 I� 1, �, N II ti 1 , I 00 \___ F---- 1 II — ', -- 1 i-- -1 \ I If 1 \-1 r� lig O I \\I —it. I 0 �1 ii 1111 > II ' II iIL I o 0\ ws1% _ —ti4 , .i II __ ,� til ti� f-'- / ' '�' 1''- CatesbY CirCle o COWL `Trapel , NN ...... ( 1 I 11 ---t O II 11 V" 1 , ' 1 ii CD 1 il r Iii II r r� l7Ce 1 / 'r. � 44--stN, r. „ _, „c„:„. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TATYANA VEAL [Applicant] TERRANCE & TATYANA VEAL [Property Owners] Conditional Use Permit (Family Day-Care Home) at the property located at 1504 Catesby Circle (GPIN 1475559585), COUNCIL DISTRICT — ROSE HALL MEETING DATE: January 16, 2018 • Background: The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling in the Salem Woods neighborhood. • Considerations: The applicant has eight years of experience working in the childcare field.The property has an enclosed back yard for the children to safely play outdoors, and a large driveway that can accommodate up to four vehicles. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1) square foot in area and shall only be mounted flat against the residence. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Tatyana Veal Page 2 of 2 Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departme ncy: Planning Department \ 6,441462 City Manager: �� Applicant Tatyana Veal Agenda Item Property Owner Terrance & Tatyana Veal Public Hearing December 13, 2017 ciryo City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit(Family Day-Care Home) aasertO o weer+onve Staff Recommendation 11111 Approval xis lvn^hav<'^par"" Staff Planner w o„w v ?e „E.,µ Robert Davis o ; "�"N Locationiii oevo^'�d"° 1 -�'� 1504 Catesby Circle °''"e g I GPIN % °s 1 1475559585 Ap Site Size se'^de�• ./ . 4 Z Y 2 i w neo *" `E , 11,847 square feet ! AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District ' ' `" = ` 4 Single-family dwelling /R-10 Residential ii; L C' T Surrounding Land Uses and Zoning Districts . it North ., i '"` ( 1r ; ip Single-family dwelling /R-10 Residential .L •� South ; Single-family dwelling / R-10 Residentialliti4I East �. �.� r. ' .: }. Single-family dwelling, religious use / R-10 l+ , •• ,_ Residential, B-2 Community Business INii: - }• #,, L- West Catesby Circle .` 64 ..'.ti ., i. Single-family dwelling /R-10 Residential re Tatyana Veal Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling. The applicant has eight years of experience working in the childcare field. • The property has an enclosed back yard for the children to safely play outdoors, and a large driveway that can accommodate up to four vehicles. • The proposed hours of operation are 6:00 a.m.to 6:00 p.m., Monday through Friday. \R 10 E PiWrto prly� Zoning History # Request R-10 _ _- 411 1 CUP(Religious Use)Approved 05/28/2002 District)Approved 10/08/1984 B-2 Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ -Rezoning NON -Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Evaluation and Recommendation The proposed Conditional Use Permit request for a Family Day-Care Home in Staff's opinion is consistent with the Comprehensive Plan's land use policies for residential areas,as it will provide a valuable service for families in the Suburban Area. The site is a large lot and has adequate room for client parking. Staff has recommended a condition that pickup and drop off times be staggered to alleviate the potential for congestion in the right-of-way. For the reasons stated above, Staff recommends approval of this application, subject to the following conditions. Tatyana Veal Agenda Item 1 Page 2 Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1) square foot in area and shall only be mounted flat against the residence. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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 uses allowed by this Use Permit 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 recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1-61) Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Catesb Circle No Data Available 6,200 ADT 1 (LOS° "C") Existing Land Use 2-10 ADT y 9,900ADT 1 (LOS 4 "D") Proposed Land Use3-48 ADT 'Average Daily Trips 2 a s defined by one single- 3 as defined by a Family Day-Care 4 LOS=Level of Service family dwelling Home with up to 12 children Tatyana Veal Agenda Item 1 Page 3 Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer service. Tatyana Veal Agenda Item 1 Page 4 Site Layout \ t.14 n Iii cD • Cr 1J Fence Driveway Existing Dwelling t r ' • Site 7/11 I , . -- I \\ _________ Tatyana Veal Agenda Item 1 Page 5 Site Photo Viattij;neA - It _ Watt '.- iSiiilliati Ilis' • t: • /-"' 1111111111111 R r w R • Tatyana Veal Agenda Item 1 Page 6 Disclosure Statement Virginia Beach APPLICANTS NAMETatyana Veal DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Properly Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board X • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of FAIL Robed A.Davis Tatyana Veal Agenda Item 1 Page 7 Disclosure Statement • Virginia Beach • Check here if the APPLICANT IS NOT a corporation, partnership, firm. business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_T_atana Veal If an LLC. list all member's names If a CORPORATION, list the the names of all officers. directors, members, trustees, etc. below: (Attach list if necessary) (6) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) See next page for information pertaining to footnotesI and 2 a e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Avolkant. ® Check here if the PROPFRTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. • Check here If the PROPERTY OWNFR N a corporation. partnership. firm, business. or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name:Terrance 8,Tatyana Veal If an LLC, list the member's names' Page 2 of 7 Tatyana Veal Agenda Item 1 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees. etc. below (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation; See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 'Affiliated business entity relationship" means 'a relationship. other than parent-subsidiary relatonship. 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 owl or manage the two entities:there are common or commingled funds or assets: the business entities share the use of the saint offices or employees or otherwise share activities. resources or personnel on a regular basis-, or there is otherwise a closeworking relationship between the entities" See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Tatyana Veal Agenda Item 1 Page 9 Disclosure Statement APPLICANT vin YES NO SERVICE PROVIDER(u:.ddltmw sheeud needed) ❑ ® Accounting and/or preparer of your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ® the Anulicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 8 ® Construction Contractors ® Engineers/Surveyors/Agents Financing(include current Nary Federal Credit Union ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes. what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Tatyana Veal Agenda Item 1 Page 10 Disclosure Statement M3 Vn hda Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap$Ilcatlan. AMICJHT{SIGNATURE PRINT NAMEj GATE Page 5 of 7 Tatyana Veal Agenda Item 1 Page 11 Disclosure Statement OWNER Virginia YES NO SERVICE PROVIDER(u.aaaeew sheets if needed) • ® Accounting and/or pre parer of your tax return n ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than Zthe Aoolirant)-Identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's servke providers) • ® Construction Contractors • iNEngineers/Surveyors/Agents AL Financing(include current Navy Federal Credit Union Z ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers / D ® Agents/Realtors for current and anticipated future sales of the subject property • a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Tatyana Veal Agenda Item 1 Page 12 Disclosure Statement Viryjnir Beath CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, YBDA meeting, or meeting of any public body or committee in connection with this AppIMcat ion. r' ''(( ✓✓acct PI r4 FTV *NES SIGNATURE I PRINT NAME 'DATE Page 7 of Tatyana Veal Agenda Item 1 Page 13 Item#1 Tatyana Veal Conditional Use Permit 1504 Catesby Circle District 3 Rose Hall December 13, 2017 CONSENT An application of Tatyana Veal for a Conditional Use Permit(Family Day-Care Home)on property located at 1504 Catesby Circle, District 3, Rose Hall. GPIN: 1475-55-9585-0000. CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve(12)children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. Any sign identifying the Home Occupation shall be non-illuminated, not more than one(1)square foot in area and shall only be mounted flat against the residence. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. A motion was made by Commissioner Oliver and seconded by Commissioner Hodgson to approve item 1. AYE11 NAYO ABSO ABSENTO HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 1 for consent. The application Tatyana Veal appeared before the Commission. -/t-lv 4c / „./ .. ..._ -,. N -------„. Ns --,... I .QrSI""•4:2* i Ca I ' ....../ 0 i , Et it . . , // ,. • ' t 1111 , 1 . 1 . . al 44.... . . . • . . , . . l' • . 10. C3 ' , . .• . 1 b ce 0 .• . . i. . / i t,40; r N .. / ' ,,,0- , _.......--- N. -., . , r . ,•,41 / ., _ ......,_, • . . „.., . . / ,6-\ . . .. ,,Cb . . . .,„ • . . sc. .... itl Ott . -.. . . . . ...„_ 430.k - ---,... 1410 ., cy: 0 04. Lci) 0 . in -..„._... -..,. I .. 1:7 4114\ CI •. ..._,.. / I i . I •''.--„ . .... .. . • . ...„... . . 4411Nip „. --....„ ..„, • •-„,.,.. -...... ... ---.. -'---- 04 -'-',...10 / / CI I ..... --....., -..„,.. . , -,,. --,-., , --.. • CI3 '"•,---,„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DACOR, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) at the property located on the west side of Ferry Point Road, 110 feet North of Chisman Court (GPIN 1465099129), COUNCIL DISTRICT— KEMPSVILLE. MEETING DATE: January 16, 2018 ■ Background: The applicant requests a Subdivision Variance for one of three new parcels proposed along Ferry Point Road. While proposed Lot 4A-1 will have sufficient lot area, a variance to the minimum 50-foot lot width requirement is requested. Lot 4A-1 is proposed with a reduced lot width of 25 feet. • Considerations: Two recent Subdivision Variances have been approved on parcels along Ferry Point Road. In both instances, two conforming lots were proposed with sufficient lot area and lot width along the right-of-way, with a third flag lot deficient in lot width. This request mimics those recently approved variances, in terms of both site layout and dwelling types. As with this application, the conditions of the recent Subdivision Variances on Ferry Point Road permit only a single-family dwelling be constructed on the flag lot, rather than a duplex, which would otherwise be permitted under the R-5D Residential District zoning. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. When subdivided, the property shall be developed as shown on the submitted preliminary plat entitled "SUBDIVISION OF LOT 4A, PROPERTY OF DACOR, LLC ON FERRY POINT ROAD," dated August 24, 2017, and prepared by Warren &Associates, P.C. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Department of Planning and Community Development. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes Dacor, LLC Page 2 of 2 depicted on page 7, entitled "Proposed Dwellings', in this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. 5. Only single-family dwellings shall be constructed on Parcels 4A-1, 4A-2 and 4B. No duplex dwellings shall be permitted. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. me : . :ncy: Planning Department \ 1 Ef Vl it ��I City Manager: tb ( �Kr\ , NIApplicant & Property Owner Dacor, LLC Agenda Item Public Hearing December 13, 2017 City Council Election District Kempsville2 /BVirginia Beach Request Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) I F nnnAeatane S 5. 4..r e Staff Recommendation °qa i - 4 Approval / x '**---r-4' i Staff Planner 4 t"'"'`°"" / Marchelle Coleman i / ,r (/ i. Location 41/4; if West of Ferry Point Road, 110 feet North of a Chisman Court `1..GPIN 1465099129 �,o � ;,t.n. / Site Size Belvoir tane J4 32,835 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Undeveloped lot/ R-5D Residential Duplex 4''. k Surrounding Land Uses and Zoning Districts - North : Undeveloped lot/ R-5D Residential Duplex # � South Single-family dwellings/ R-5D Residential t-,,, Duplex • `';, East ���.l : Ferry Point Road Single-family dwellings/ R-5D Residential Duplex • k 1,06 A West 1 ''., _,►V I V d'` Undeveloped lot/ R-5D Residential Duplex -,, ` ` Dacor, LLC Agenda Item 2 Page 1 Background and Summary of Proposal • The applicant requests a Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations to subdivide Lot 4A into three parcels to construct three single-family dwellings. Existing Lot 4A / . Lot 4A- a , 41111P1111411181HIL-TQc6/4‘ �r Qo n a�c �4j7 • Proposed Parcels 4A-2 and 4B meet all the requirements of the Zoning Ordinance for development of a single- family dwelling in the R-5D Residential Duplex District. Parcel 4A-1 is proposed as a flag lot with 25 feet of lot width rather than the 50 feet required. Based on this a Subdivision Variance to lot width is requested. The 26,658 square foot lot is well in excess of the minimum lot size requirement of 5,000 square feet. Proposed Lot Configuration Lot 4A-1 ..,,,iiiiiiii Lot 4A-2 `� Lot 4B ,a / / 4.9 QO k I Dacor, LLC Agenda Item 2 Page 2 Required Proposed Parcel Proposed Parcel Proposed Parcel 4A-1 4A-2 4B 50 25* 51.47 51.47 Lot Width in Feet Lot Area in Square Feet 5,000 26,658 6,177 6,177 *Subdivision Variance is required to lot width. • The applicant has provided elevations for the three proposed dwellings, which are similar to the existing single- family dwellings along this street. The two-story single-family dwellings will have vinyl siding as the primary exterior building material with attached garages. • Although proposed parcel 4A-1 has sufficient lot area to construct a duplex, a condition is recommended that limits development of the site to a single-family dwelling. hd4, R-5D R5D f" 1 Zoning History i 0-2 # It est1 CUReligious ) ved 06/01/2005 2pproved3pproved 06/07/2016 2 L64 R-5D 7 R-1A' R-5" ect,rf Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. Dacor, LLC Agenda Item 2 Page 3 E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Two recent Subdivision Variances have been approved on parcels along Ferry Point Road. In both instances, the variance allowed the development of two single-family dwellings, each on a conforming lot, and a third dwelling on the rear of the property. In Staff's opinion, the applicant's request to subdivide this parcel is consistent with the configuration of lots that have evolved along Ferry Point Road. It is recommended that this pattern continues along Ferry Point Road with one flag lot in the rear, as it is in the best interest of the neighborhood in terms of layout and aesthetics. Based on the considerations above, the proposed Subdivision Variance is consistent with the existing layout for the west side of Ferry Point Road and as such, Staff recommends approval of this request. Recommended Conditions 1. When subdivided, the property shall be developed as shown on the submitted preliminary plat entitled "SUBDIVISION OF LOT 4A, PROPERTY OF DACOR, LLC ON FERRY POINT ROAD," dated August 24, 2017, and prepared by Warren &Associates, P.C. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Department of Planning and Community Development. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on page 7, entitled "Proposed Dwellings", in this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. 5. Only single-family dwellings shall be constructed on Parcels 4A-1, 4A-2 and 4B. No duplex dwellings shall be permitted. 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 uses allowed by this Use Permit 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. Dacor, LLC Agenda Item 2 Page 4 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 a careful mix of land uses and compatible infill development, site and building design that is visually interesting, encourages greater social interaction and provides a memorable character, improved mobility, and promote sustainability and responsive action to changes in our environment. (pp. 1-61-1-62) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 6,200 ADT'(LOS 4"C") Ferry Point Road No Data Available 9,900 ADT 1(LOS 4"D") Existing Land Use a 45 ADT Proposed Land Use _30 ADT 11,100 ADT'(LOS 4"E") 1 Average Daily Trips z as defined by 0.75 acres of 3as defined by three single-family 4 LOS=Level of Service property zoned R-5D dwellings Public Utility Impacts Water There is an existing eight-inch City water main on Ferry Point Road.The three proposed lots must individually connect to City water. Sewer There is an existing eight-inch City sanitary sewer gravity main on Ferry Point Road. The three proposed lots must individually connect to City sanitary sewer. Dacor, LLC Agenda Item 2 Page 5 Proposed Site Layout i A OJ `� -� il. r h •• QN ,�� 1� b u pu .s n j JA, 1� z 1 p 0 511T T7 .> 4. o = ^^off a g g 1 -,Q v ` d S. 4 N - 1!1 .O. R O 61 s J 2a .tact d - Zk ?1. I . xY po ler zrt.e rc " i a KN ^ /O a tY pY1 rgr Art'DOB IT SIi NMI CBC)DOB m1 rra b DHOW•.I 71rvm• AO Ori II.&QC g CYAN 1140d4lJl/1I ?°:4 N I rt P ii Q "q g Y i $ ? R g� 1 0tk 24 r o .t_ J r `.{{j ' 0 • WGrt virtuesI ti ) \ v :s! h 0 sr J iit?' 3 i rBCYi /.I\C4O71 11d :115 kd Iii!! o tai 8 P14 i li 1 %P. f 5 � a s a x3YI sad i s t� 1 5 R $ h ?Ilti4 !l!ii! 1 1 g Dacor, LLC Agenda Item 2 Page 6 Proposed Dwellings i r E L SII.'.� _. _.�. .. _ - •f STT �- n.rf -- FT'? I,/ , , 7 ,, .. ,._J Iii or ir in ni ' I ��: ps r• . v i • .,N�•, , - ft r F 1,---it ff- -4___Imprr " T ,• i,i I , I,I • s � 1 .,j --.N. - -- -- - ___I _ ‘ .:_ „3,,,,... 41• • . _...._ , ., . . .., _ . .. , , , , . ....... , , .... IN , .. . A ' `1.-',Ca-4...4'.`: ..._ ,.�....: <_J I" Y:: '` a:.s�'�f ?T:1!.•5 J,'.. Dacor, LLC Agenda Item 2 Page 7 Site Photos • !w • :4 • w 4 r‘: , ".""1"1/41 •• • • Dacor, LLC Agenda Item 2 Page 8 Disclosure Statement M3 llrtlrl,IR,.I,.I APPLICANT'S NAME Dacor, L L.C. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property I ' Disposition of City 1 Modification of by City ' Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compian Special Investment Program Changes Exception for IEDIP) _ _ Board of Zoning Encroachment Request IRezoning Appeals_.—_ Certificate of Floodplain Variance I Appropriateness - e iStreet Closure (Historic Review Board) ', Franchise Agreement Chesapeake Bay ' Preservation Area Lease of City Property Subdivision Variance Board , _ . Conditional Use Permit License Agreement Wetlands Board . The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY.'All d'crIcsLres rma,be updated t -o In week,v^o to sty Page 1 of7 2annm Commiss'en 1..10(n Council me , ee,au �nl.1 meow. 0 1 APPLICANT NOTIFIED OF HEARING I' Er NO CHANGES AS OF o 1i2/20?01,746'''e Marchelle L. Coleman 0 I'I REVISIONS SUBMITTED nAT Decor, LLC Agenda Item 2 Page 9 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Dacor,L.L.C. If an LLC, list all member's names: David C- Rhodes, Manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes) and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner Is different from Applicant. in Check here if the PROPERTY OWNER fs.NOT a corporation, partnership,firm, business, or other unincorporated organization. El Check here if the PROPERTY9WNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Dacor, LLC Agenda Item 2 Page 10 Disclosure Statement Y3 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests An.Va. Code§2.2.3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership Interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity.or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entitles: See State and Local Government Conflict of interests Act, Va.Codes 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELV Page 3 of 7 Dacor, LLC Agenda Item 2 Page 11 Disclosure Statement APPLICANT Y� niaBeach YES NO SERVICE PROVIDER(use sddldorW sheets If needed) Accounting and/or preparer of your tax return ❑ FI Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ® the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ▪ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors Decor,LLC Engineers/Surveyors/Agents Warren B Assoobtes,P.C. Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® ❑ Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers / '-' Agents/Realtors for current and anticipated future sales of the subject property e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, ,at is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Dacor, LLC Agenda Item 2 Page 12 Disclosure Statement Plrgmia Beach CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Application. Dacor,L.L.C. By: David C. Rhodes,Manager [APPLICANT'S SIer.^iuSE PRINT NAME OAT l , Page 5 of 7 Dacor, LLC Agenda Item 2 Page 13 Item#2 Dacor, L.L.C. Subdivision Variance(Section 4.4(b)of the Subdivision Regulations) West of Ferry Point Road, 110 feet north of Chisman Court District 2 Kempsville December 13,2017 CONSENT An application of Dacor, L.L.C.for a Subdivision Variance(Section 4.4(b)of the Subdivision Regulation) on property located West of Ferry Point Road, 110 feet north of Chisman Court, District 2, Kempsville. G P I N: 1465-09-9129-0000. CONDITIONS 1. When subdivided,the property shall be developed as shown on the submitted preliminary plat entitled "SUBDIVISION OF LOT 4k PROPERTY OF DACOR, LLC ON FERRY POINT ROAD,"dated August 24,2017,and prepared by Warren&Associates, P.C. Land Surveyors,a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Department of Planning and Community Development. 2. When the property is developed,the residential dwellings constructed shall have architectural features,and appearance of like quality and character to the homes depicted on page 7,entitled "Proposed Dwellings", in this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. 5. Only single-family dwellings shall be constructed on Parcels 4A-1,4A-2 and 4B. No duplex dwellings shall be permitted. A motion was made by Commission Oliver and seconded by Commissioner Hodgson to approve item 2. AYE 11 NAY O ABS O ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 2 for consent. cNis' C1554 cos N , % \ , \ 1•1 \ i.)\g a._ r4. 'dud 4111111 . a c i 4 I.I I"I I I II I I I I I 14 46 1.IIIIVIII. vpri * ,s - ----- , \ \ Cil CO b cci .__..ci i o4, / 1 ts / % / / 0 09 0 / 1 / / tsr 0 .-- .. ., .. / . , vot,_ -(1.41114 , Cs1 [ i3,--.4-,,,t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HERTZ CORPORATION [Applicant] IEH AUTO PARTS, LLC [Property Owner] Conditional Use Permit (Motor Vehicle Rentals) at the property located at 1116 Lynnhaven Parkway (GPIN 1496005748), COUNCIL DISTRICT— ROSE HALL. MEETING DATE: January 16, 2018 ■ Background: The applicant is requesting a Conditional Use Permit for Motor Vehicle Rentals on property along Lynnhaven Parkway in conjunction with an existing auto parts store and repair center. The applicant proposes to offer rental vehicles for both the general public and the auto repair facility's customers. Up to ten parking spaces will be dedicated to the motor vehicle rental use along the right-of-way. Any larger vehicles offered for rental will be parked behind the building. • Considerations: The proposed use is anticipated to be accessory to the existing business, and Staff does not anticipate any negative impacts to surrounding properties with the addition of motor vehicle rentals. Upgrades to the site include the installation of additional plant material along the right-of-way and along the building's facade in order to bring the property into compliance with existing landscaping requirements. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request. 1. Vehicles for rent shall only be located within the areas depicted on the proposed site layout entitled, "Pep Boys -VA," prepared by American National, LLC, which has been exhibited to the City Council and is on file in the Department of Planning. 2. The sale of motor vehicles shall not be permitted on the site. 3. No vehicles shall be parked within any portion of the public right-of-way. Hertz Corporation Page 2 of 2 4. The automobiles, pick-up trucks, and other small vehicles for rent shall only be parked and/or stored in the spaces designated on the site layout referenced in Condition #1 above. Any box truck vehicle available for rent shall only be parking and/or stored in the spaces designated in the rear of the building. 5. There will be no on-site washing, detailing, or maintenance of any motor vehicles permitted on the site. 6. The required street frontage landscaping and foundation plantings shall be installed as described in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 7. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs that are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. Signs in the window of the vehicles are also prohibited. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. A^ M Submitting Department/Agency: Planning Department 1 g , �i� 111 I rGf City Manager IJ/13Applicant Hertz Corporation Agenda Item Property Owner IEH Auto Parts, LLC - Public Hearing December 13, 2017 3 City Council Election District Rose Hall Virginia Beach Request ,r Conditional Use Permit (Motor Vehicle oo Qri- 3 \ ice` Rentals) ••**$ ° Q e{° filo \Qo of ads Ed. o (.O <q° �' -off Staff Recommendation ,"°,e"° p < �,r�°" p m� Approval Windrfdge Road Ssooe ' so, 2 i T, So ••.O oe f'°N° r 3 ce°N 9otl6 rW�l 1____ °a APZ2 Staff Planner P°,a (.F� ,� $ Marchelle Coleman sv`�`� 0° `+'` Magic llo Hollow Boulevard %,7,04c. 70-7 dB DN Z >75 dB ONL 65-70 dB DNL - [ -.W gt X Delaware Crossing �cenr Location OyaVCRsce°t �eaA R' "'b t cy 1116 Lynnhaven Parkway Ge�°0.�°�'J v •J`°,„ 0,-"\v � -,„, y GPIN oc (k 1496005748 1,`2� 1,a`�0.0,,” °0 o ,0e 0 c 41', °9 4 o.o.% Ct‘ PSite Size °` ,\ `I 1, 2 d O APZI 1.8 acres AICUZ 70-75 dB DNL; APZ 2 Watershed Chesapeake Bay Existing Land Use and Zoning District 04 ,, -. Retail & auto repair establishment/ B-2 �. �. J , it.- . CommunityBusiness �✓ "°i'7. s ''N WF i Q,or ,,(�R..� a r i / sr#.1; r ',• Aper ':\ Surrounding Land Uses and Zoning Districts ��".�`',e-_ , max,- ft ,c ' I4•-•,;,- `"r; _ North � , i ' . z �-rr. o 45. Car wash/ B-2 Community Business " ., - South ' �`�.; / , $.,,"tT,' r Veterinary establishment/ B-2 Community / '7 fr<lw I �.. Business ' . East .r fi - �� `i. Townhomes/A-12 Apartment vikc t ' , a p '. 'y • West + r7:i', � • i lz. , -.' Lynnhaven Parkway , -'tea tic fY''c, Single-family dwellings/A-12 Apartment 1, , > & v '`' , V. ,y .,A,1Wr 1 Hertz Corporation Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for Motor Vehicle Rentals on property with an existing auto parts store and repair center. • The applicant proposes to provide rental vehicles for the auto repair facility's customers and for the general public. Approximately eight to ten parking spaces will be dedicated to the motor vehicle rental use. The vehicles will be parked in the northwest corner of the site, adjacent to Lynnhaven Parkway, and also in designated spaces in the rear of the building, as depicted on the site layout. • The proposed hours of operation are 7:30 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 12:00 p.m., on Saturday. • No changes are proposed to the exterior of the building. 4•12 A_12 • 11=2 e / Zoning History i �� ?" ., # Request te Q/ aROgo�fri,, : 1 MOD(car wash)Approved 6/16/2015 Q , CUP(automobile detailing center)Approved 7/14/1998 I Y CUP(automobile repair garage)Approved 7/14/1998 ii Q MOD(car wash)Approved 7/14/1998 NNsaAlia ra-;s , al 1 \ ;oowl. CUP(car wash)Approved 11/17/1980 a6on/ B-2 2 CRZ(A-12 to Conditional B-2)Approved 8/9/2005 j1 3 CUP(automotive repair establishment)Approved / erA-124/13/1993 Q' 4 CUP vehicle sales/rentals/service)A roved i % (motor PP 3 % 9/11/2012 4 / 5 CUP(automotive repair establishment)Approved 5 717ft.: 5/11/1987 CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This request for a Conditional Use Permit for Motor Vehicle Rentals is acceptable. In Staff's opinion, this use is compatible with the surrounding commercial uses and is consistent with the Comprehensive Plan's land use policies for the Suburban Area. As the proposed use is anticipated to be accessory to the existing business, Staff does not anticipate any negative impacts to surrounding properties with the addition of motor vehicle rentals on this property. As the site is deficient in the required streetscape landscaping requirement, a condition is recommended that this deficiency be addressed by the installation of plants along Lynnhaven Parkway to assist in the screening of the parking lot. While up to 10 parking spaces will be dedicated to parking the vehicles for rent, the property will continue to meet the minimum parking requirement of 84 spaces for retail and rental uses, per the City of Virginia Beach Zoning Ordinance. Hertz Corporation Agenda Item 3 Page 2 Based on these considerations, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. Vehicles for rent shall only be located within the areas depicted on the proposed site layout entitled, "Pep Boys- VA," prepared by American National, LLC, which has been exhibited to the City Council and is on file in the Department of Planning. 2. The sale of motor vehicles shall not be permitted on the site. 3. No vehicles shall be parked within any portion of the public right-of-way. 4. The automobiles, pick-up trucks, and other small vehicles for rent shall only be parked and/or stored in the spaces designated on the site layout referenced in Condition #1 above. Any box truck vehicle available for rent shall only be parking and/or stored in the spaces designated in the rear of the building. 5. There will be no on-site washing, detailing, or maintenance of any motor vehicles permitted on the site. 6. The required street frontage landscaping and foundation plantings shall be installed as described in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 7. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs that are pasted or attached to utility poles,trees, or fences, or in an unauthorized manner to walls or other signs.There shall be no portable or nonstructural signs, or electronic display signs on the site. Signs in the window of the vehicles are also prohibited. 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 uses allowed by this Use Permit 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. Hertz Corporation Agenda Item 3 Page 3 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 the surrounding uses. Natural and Cultural Resources Impacts This site is located in the Chesapeake Bay watershed.This site is also located within the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area.There does not appear to be any significant natural resources or cultural features associated with the site, as it is fully developed with an existing retail and auto repair establishment and parking lot. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 26,300 ADT (LOS 2"C") Lynnhaven Parkway 35,806 ADT 1 42,100 ADT 1(LOS 2"D") No Change Anticipated 3 48,200 ADT 1 (LOS 2"E") 1 Average Daily Trips 2 LOS=Level of Service 3 average daily trips not expected to change significantly Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Hertz Corporation Agenda Item 3 Paee 4 Proposed Site Layout 1, li06 lei ii t �� I. i ;y g= C 0 111 li i1 I1 j 1 ! • 1/1 1 lit II 11 :'2 ; " ! 111..11!!1 =i ! 1l ' i i/1iti o iI a I1 aX 13 i v o 1 , 1. 11 11 Clj ii 1IIl;r t ' !t� 1�1 a 1i if i .._ , i�l i hof z =;E'lig f! 1 II'Ili y ill i. 1 ._. it ` o d s i, : , (i 1I 10 iii ;il �tj m ; iif }i;1ii F ij.11' 1 ill 1, .� iii # j illia o a o lit 4i 4 it f t ii IA i ;it I!i ills' i Hi 11 i1iai it / © ®m ® ® ® ._ .. ., m o 1 t \ x'11 i¢ I1;.• .'� a.III ). u O le 8iBd v :.•#-- - '''e ' .i 1f OJ vc d c n ci i . _ f 4 ! o {o / LL n. �y I . , \ 1 ,I; ', �• � 4 c 8 -, , .. ,. .,. W 1 \ t. y .c v rF1i11 t st. sir I . E '" s'!AM.01;. g 1 li 4114'1 t , a ( li i Z ;` iIP ' s $ 111 i1C1 I� I# 11 b ii is• s21%! 1! ' ivi igenii II 1 i 1 ; Q 1 11111 ; E! .• 1'IHJ1 oink t It p i• 0li 411 t11, li; rlip .4ili it i 8t111111.= l1i 1 $ kt 11 1 i gi ii 411 10I I11I,ei " ESE 1; 11!! ! li ii 1 ci pit 1111i i ;j Ig ! tit aj!ll 1111 i ' iFl L[( { i la 1A/ILl1 'lltili iii i �h ° i1 1I 1 ll 151•' 11.11 ti s1 [pi s til1711.4111 /IiIIil ' li S!'1 11111 i l4i{+ i _; `!dli y! {g1 .ii! iti'lr.ti1'Si, 1 61 ttll F i :1 Oil 9i SI 1 ii HO Hertz Corporation Agenda Item 3 Page 5 Site Photos THLT: am girt pEP _ ttRVIC a r 14 7 - MAP b. - - T L- • ..,...„ gicarms._• ,..• 4 ....., 4... •....... ____‘.. „.... _ .... . ,.. _ ., k... .. _ 4 . . , . . r .,.. .., ... •• . . ,,•___-_,_;1„:- ...,„ Hertz Corporation Agenda Item 3 Page 6 I Disclosure Statement Virginia Beach APPLICANT'S NAME Hertz Coryoration DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE ulrr ;�r men Page 1 of7 O APDL;:ANI ry -IT:oof 4[AHNG /,��' NC)CIIANL AC o, - - 1/Z/2ate te Marchelle L Coleman ▪ nfvnl HT.SU5NII I III Hertz Corporation Agenda Item 3 Page 7 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_Hertz Corporation If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Please see attached list (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if arooertv owner is different front Analkant. I I Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the pROPFRTY OWNFR IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:IEH Auto Parts LLC If an LLC, list the member's names: Page 2 of 7 Hertz Corporation Agenda Item 3 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Pep Boys Manny, Moe 8 Jack I "Parent-subsidiry relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." SeeState and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'ABiliated 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 owl 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 Conflkt of Interests Act, Va.Code§ 22-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of Hertz Corporation Agenda Item 3 Page 9 Disclosure Statement XB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) I '�, Accounting and/or pre parer of I I your tax return ▪ [X] Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than tilt Anolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • ��� Construction Contractors ® ❑ Engineers/Surveyors/Agents American National Inc. Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ▪ ® Legal Services Real Estate Brokers / ▪ ® Agents/Realtors for current and anticipated future sales of the subject property 4 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Hertz Corporation Agenda Item 3 Page 10 Disclosure Statement Virginia Reach CERTIFICATION: - --- - - -- - I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 'I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA� meeting, or meeting of any public body or committee in connection with this Application. c,tet < Tai L.(-7o 410 x.9`37 1 APPLICANT'S S TIRE I PRINT NAME DAT: • • Page 5 of Hertz Corporation Agenda Item 3 Paee 11 Disclosure Statement OWNER Virginia YES NO SERVICE PROVIDER(use additional sheets If needed) ❑ ® Accounting and/or preparer of your tax return ▪ ® Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ▪ ® Construction Contractors E 'Irg Engineers/Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers / D ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • ® an Interest In the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Hertz Corporation Agenda Item 3 Page 12 Disclosure Statement virgin's[such ICERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee In connection with this A plication. lk5osca J. W,at.a:N /0464-7�Ra OWNE"'LLW.TIIIIE - PRINT NME DATE Page 7 of 7 Hertz Corporation Agenda Item 3 Page 13 Disclosure Statement Enry Name:The Net Corporation Name Tree _. Title Role Berra.DMSA _--. dnasr blmpor Everson,Dental Moore Director baled,accent) Macre Director McYlelk.Kelton _.. ^ .. Omar _ Marbarla Sammi._. DYarbr ... Directs ,. Dalt A Dlwb Director Ash.Alan AssisWtSerebry Officer Bebe Rafal ..__.. Bahr Mee President, Mar . _. Franchise Openbe Betl tRgmintl A98.r _ Bedrock.Neck Aa..: .Seaebry Officer Best Tyle Emcees Moe Presided end Officer CMM Itmtkn Officer um. .2n A_.. Sat Mar President,Reel Ogee Estate and retirees Burs Joel C. _._Assisted TmaelKJ Mawr Byrne,YVMen cePmeMad ONca Cord.,Carle ce President.Pmawmed Outer Costello,Lesley AeebentSerNey . .. Once Duet Snidest/ • MWbnl Seaeby - Officer Recker,War EeaaWs*re President Officer General Carmel end Secretory - FraThames Frew Senior Eke Redden, Moor Pmniasrt Reel f PMO seri leeks.Teres.... Assistant Secretary Officer Ha$tm.Litres Assistant Cambay Officer Frontal,Mama J. Senior Moe Restart Meer Canpeneelon 8 Benda lima.Starke Vks' 'Si,• Officer Sales lint,lone It Senior Vke President Inveelm Officer _ Referees . Johnson,Stork E. AabbNTmere Moor Kolar.Elena R ... MdelNrde bonnie alre Dream Mar Kennedy,Thanes C. Sada D,eSeUce Presided Officer and Creel FinanclaI Officer IKmnia.ROMs Accruing >.. me e aid Chi Officer AaatntSc leapkn,WBaAssistant __..Officer Mellleb,Kathryn -.. President and dtlel ReoutNe OSba — officer Manan,Alexandra Engflve*e President,Noll OSbor Ameba Renal Ce Opaadmm Mssienat Dore—3nror Ven President and Officer -- Treaam MrLMy,Wield P. Gena Vice neltlnt Deputy Officer Genesi Counsel McGNsy,bents Assistant SeaetrYf Oacer [Murphy,mTflamd ace Pmelderh7,Claret Tex �O®eer�— Hertz Corporation Agenda Item 3 Page 14 Disclosure Statement jPM'Jaledk Nte' .... OAker — Mato, c AedSMS.velwy_ _ Schloss,Man R. ASAdnISdaday O.___ __ Slulaa1*Kirk Au6MA Tremor —.. OMoe $*Robo1J. Exclaim Yoe Radda*Se ollea end MaGelng Smt,Jdn14 Assietant&celery Mica Take eldd Group' .. ,. .. RentAOw Officer InMreforl rnaeam,Arm s.aemky Caw MONO Randal • Yoe FlotioindfNel 0l9c-tor ,..Epsiire jig.Rade) Ylte lie.ilaR lahaad. _._Off$ ... . Emplo mar lar Zan,OMe Fools Wa ReSOwt and Mar COS limn Repartee Gamer • • Hertz Corporation Agenda Item 3 Pape 15 Disclosure Statement OFFICERS July 31,2017 JRH Auto Pans LLC ("LEH Auto") IEH Auto Parts Holding LLC is the sole member of IEHAuto riffiAsSo9Niarz_ Palos Pete Bednarzyk SW,Supply Chain Mark Cook SVP,Human Resources Gary Desai SVP,Chief Information Officer Michael Englert VP,Fmunce Matthew C.Flannery SVP,General Counsel&Assistant Secretary WiDiam Ihnken President,Service John Kelly SW,Merchandising&Product Management Anthony Papa SW,Chief People Officer Richard Paradise Chief Financial Officer and Assistant Secretary Matthew Pohlman SVP,Supply Chain Danielle Porto Moho SVP,Chief Marketing Officer Wade Sharp President,Commercial Sales Joe Walsh VP,Real Estate Art Wenda Director,Treasury and Risk Management Elizabeth Wilson Assistant VP,Assistant Treasurer Terry Winslow Presidmt,Retail Store Operations&Customer Experience Hertz Corporation Agenda Item 3 Page 16 Item#3 Hertz Corporation Conditional Use Permit Motor Vehicle Sales 1116 Lynnhaven Parkway District 3 Rose Hall December 13,2017 REGULAR Bob Thornton: I would like to ask the Secretary to call the first item. Jan Rucinski: The first item is Item 3, Hertz Corporation,which is an application for a Conditional use Permit(Motor Vehicle Rentals)on property located at 1116 Lynnhaven Parkway, District 3,Rose Hall. Do we have a representative for this application? If you can, please state your name for the record and then explain your application? Jimmie Williams: Good afternoon. My name is Jimmie Williams. I am with the Hertz Corporation. I do agree with what has been provided based on the proper approvals, I think this would be a good addition to not only the city but also to the general public. Bob Thornton: Are there any questions of the speaker?Thank you. Standby we have some? Jan Rucinski: We have one speaker in opposition and that is Frank Driscoll,Jr. Frank Driscoll:That is a mistake. Jan Rucinski: Does it go with a different application? Frank Driscoll: It was supposed to go with the short term rentals. Jan Rucinski: Okay. Bob Thornton: We have one person in favor and no people against and normally those are the kind we put on the consent agenda but we thought we had to move this one, so I would like to close the public hearing on this?Any questions? Dave? Dave Redmond: Mr.Chairman, I move approval of the application? David Weiner: Second. Bob Thornton: A motion by Mr. Redmond and a second made by Mr.Weiner.Call for the question. Item#3 Hertz Corporation Page 2 (Verbal vote) AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission approved the application of Hertz Corporation. ti \ .,,..„.,.„ „. \ „ , .. N 1 ,\` J 'r fri _ \ �r� �// ,'f i \ V f, ! / ! 1ti f I/ i N 'f i, 0 t, fi; 11\ ai \\\,.. ..„..0,,,,,,t4.„. ,Aipp/ *, :\\:...‘. %to _____________________---------------- t\t \\\EcO t.31 a i ' 0 \V" . f7 r/ '; * - y • i _ 0 f I f r�' ! /r i / ` Q } 1� ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRINCESS ANNE SHOPPES OWNER'S ASSOCIATION, INC. [Applicant & Property Owner] Modification of Proffers for the property located at the northwest corner of North Landing Road and George Mason Drive (GPIN 1494811533), COUNCIL DISTRICT- PRINCESS ANNE. MEETING DATE: January 16, 2018 • Background: The applicant requests a modification of the proffer agreement, specifically Proffer #4, in order to install a freestanding sign that differs in both design and building materials than what was approved by City Council in the 2003 proffer agreement. • Considerations: As the property is located in the Courthouse Historic and Cultural Overlay District, the revised sign design was considered by the Historical Review Board at the November 2017 meeting. The Board deemed the sign consistent with the Historic and Cultural District Sign Guidelines, and as such, a Certificate of Appropriateness was issued. In addition, both Staff and the Planning Commission found the modification acceptable. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D> . . m: t/Agency: Planning Department i a -? City Manager: palic Applicant & Property Owner Princess Anne Shoppes Owner's Agenda Item Association, Inc. Public Hearing December 13, 2017 4 cilyo., City Council Election District Princess Anne Virginia Beach Request Modification of Proffers (Conditional Rezoning approved by City Council on February �� Q 8, 1994 and modified in 2004 and 2006) � i �'h A a� Staff Recommendation °w4 Approval . Staff Plannerrili Jonathan Sanders (`' ,saodeam. Location , " Northwest corner of intersection of North '"" see Landing Road &George Mason Drive • 'X GPIN 4 . 1494811533 ;, Site Size 4p 3.40 acres AICUZ Less than 65 dB DNL Watershed '14 1' `" `. `4 '.' fr/ _z M t Southern Rivers �S , '''4.3.�'r,�'y t:, krF `rpt; � . . Existing Land Use and Zoning District r # x`:4,4.WA iii.N ,,4 ��` • Mixed retail, restaurant /Conditional B-1A t 4‘.4:;t97,11,704 Limited Commercial (Historic &Cultural • yilk �. ' ,r%,¢ Overlay) L Surrounding Land Uses and Zoning Districts • ' #4 . :' •_ ` F -• 7, 'p ,rk= North • 1y+ George Mason Driveli t, i% '.':' \+f 4. :. a ",. s:rteYi- ' � ,. Municipal Center/AG-2 Agricultural (Historic & F� '�'' ;; , ,/! Cultural Overlay) , a� s e 14 ' • . South ilA — tii...be...:0°41.° . North Landing Road ( ; ,' °,.r +,?--`,+1 x - -1., r 1. Municipal Center, single-family dwelling /AG-2 •:1,'' T - 1. . Agricultural (Historic & Cultural Overlay) West Post Office,single-family dwellings /0-2 Office & PD-H2 (R-5D) Planned Unit Development (Historic &Cultural Overlay) Princess Anne Shoppes Owner's Association, Inc. Agenda Item 4 Page 1 Background and Summary of Proposal • The applicant requests a modification of the proffer agreement (Proffer#4) in order to install a freestanding sign that does not reflect the sign elevation referenced in the proffers. • In 1994, the subject site was rezoned from AG-2 Agricultural to Conditional B-1A Limited Community Business District. In 2004 and 2006, the property owner modified the proffers in order to adjust the layout and proposed uses on the site. • As the property is located in the Courthouse Historic and Cultural Overlay District, the revised sign design was considered by the Historical Review Board at the November 2017 meeting. The Board deemed the sign consistent with the Historic and Cultural District Sign Guidelines, and as such, a Certificate of Appropriateness was issued. • The proffered site layout depicts a two freestanding signs; however, only one sign was constructed. • The proposed externally illuminated monument is 5 feet 9 inches tall. It is finished in brick or brick veneer with a red vinyl background that matches the existing "Princess Anne Shoppes" monument sign. 0-2 AG-2 AG-2 0-2 Zoning History i0se # Request 1 MOD Approved 11/14/2006 • .R-6D• MOD Approved 03/09/2004 CRZ(AG-2 to Conditional B-1A)Approved 02/08/1994 P.1 AG-2 'T711 AG 2. - Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Princess Anne Shoppes Owner's Association, Inc. Agenda Item 4 Page 2 Evaluation and Recommendation It is Staff's opinion, as well as that of the Historical Review Board,that the proposed monument sign is consistent with the Historic and Cultural District Sign Guidelines, and will complement the character of the Courthouse Historic and Cultural District. Based on the considerations above, Staff recommends approval of the Modification of Proffers request subject to the submitted proffers below. Proffers (Modification) The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer numbered "4" in the Proffers is hereby amended to read: "Both freestanding signs designated on the Site Plan shall be monument style signs. The sign at the southeast corner of the property adjacent to the intersection of North Landing Road and George Mason Drive shall substantially conform with the sign elevation designated "Entrance Signage" on the exhibit titled, "Details Princess Anne Shoppes, Virginia Beach, Virginia", which accompanied the 2003 Proffers. The sign depicted on the Site Plan at the west side of the entrance to the site from North Landing Road shall be constructed in substantial conformance with the sign elevation for Princess Anne Shoppes prepared by Cardinal Sign Corporation dated 1-6-17, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. No external signs upon the Property shall be internally-illuminated, but may be illuminated by directed external lighting. No signs may be installed on the roof of any building located upon the Property. Proffer 2: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200403160042878, save and except, Proffer 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. Staff Comments: The submitted Proffers are acceptable and help ensure that the proposed sign is in keeping with the intent of the past approvals. 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 uses allowed by this Use Permit 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. Princess Anne Shoppes Owner's Association, Inc. Agenda Item 4 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being located in Princess Anne Commons. Specifically, this site is within the Historic Princess Anne Center sub-area of Princess Anne Commons. The Plan envisions an area that offers unique education, entertainment, recreation, habitat preservation, and quality economic development opportunities. Furthermore, the sub-area of Princess Anne Commons is described as a highly attractive destination with a balanced blend of residential, commercial and open spaces to complement the form and function of the Municipal Center, Court Complex and Historic District. Recommendations for this area include mixed-use town center-style development in the Municipal Center and Historic and Cultural District and appropriate quality and character of building types. Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. The site is also located within the Princess Anne Courthouse Historic and Cultural Zoning Overlay District. All projects proposed within the Princess Anne Courthouse Historic and Cultural District must respect the heritage and reinforce the integrity of the district's historic character. The scale,placement, massing and proportion of buildings, additions and signage should be designed in a way that is consistent with the historic character of this district. New development should employ high quality site and building designs that complement the classic Neo-Georgian architecture of the Municipal Center. Proposed signs should meet the standards recommended in the Historic and Cultural District Sign Guidelines. Princess Anne Shoppes Owner's Association, Inc. Agenda Item 4 Page 4 Proposed Site Layout e�w��i aao® ra¢as� moo rn-T.— r�m�O ` � s0o® �¢rss� �d ' ��4 4 4vo4�®m0�sm ik • 14i `�• ••••.., .. ' svo®�T�®�s� : lay•Iwo ' svo ®rtms� MEMO rrsrrss� IMMO•••••••11111111M=111111111111111rELT!CM 501111:11111=111 wee(a Alto!707 113111113110=2:=111111===1=111011.1:11/111111111111•1 • ,� -:R:^-'..- e.. svo®casmmsMN �i.., svo®eZ•__ SOO�M�ELMS� 6 a . J171111•11:17 GEM=1!I j sos®c�uitms• ..• sasca�rr���ms v . r �� L • • � . " ` r �,��' _ Y • Existing Monument Sign . , •, PAR"� ; • ._ a . ,, +,0 /I • • ••$ a $. ' dl0" ,., 1 _..� 9 = + ZONING EXHIBIT ,,,•.awn, •; • 8B•:. Z-_ a., PRINCESS ANNE SHOPPES ram a•• uw f • --- 'tet,u :.1 4x Am•.o.• wiOco1Oq.ww a ix r u • •.• NOK 0[Yl Gulp• 11000 4 • �_. / '•• VIMMIX/1G.MC M••6 010.0•. n 9141sta„ I.�)A ClDSOS 111314~1 V _I:lt�I""' '5.=1'I� 1-•I0 PlA3 S"L""R...IU."�cicI•tra lr' _ �:,i 1•• liA33 1111313•1123 fan 130*PPM .=••••• 1•16.116111111 611/""'°"°'°'" """M% Proposed Monument Sign .:.: , '".: , ° Princess Anne Shoppes Owner's Association, Inc. Agenda Item 4 Page 5 se Proposed Sign Elevation ear.1 SIGN Lsl►II ATISI ..saa<..V.II.SI N.DM V .. .y. 4� i l `h"e = Princess Anne 19 (7571 486 3412 (157) 4867658 1.11 SHOPPES l L M,a En ONLINE FORMALS DRESS BOUTIQUE All STATE I= /*Et PSG CARONA/SKIN COM MI A PEN LOVER'S PARADISE A HELPING HAND .111 (.1 fr ITHE LANDING EST.2014 PRINCESS ANNE CENTER FOR CANTIL 4810 1 Princess Anna 111111 OM Shoppes 1 LUCKY 7 BAIL BONDS GUN SHOP 1 2ir Natfi Liming Rd�«a<. 2492LK ETT CONSULTING GROUP INC COURTHOUSE VETERINARY CLINIC Vs Beach VA LAW OFFICE SALON MOSAIC _ 26991 R7 ACUPUNCTURE CONNECT WITH A WISH = I I D...sne. ___-________ ah It•.1111111=1111111•1111111011111111111111111 S.4.n.n .leery Phelps $ rI s F 1 s"� D,F NON ILLUMINATED MONUMENT SIGN. 1 / ` 3 J"t' 0" RED BRICK OR RED BRICK VENEER BASE 6 COLUMNS' �'I d �.'' Y MI` - - a,% TO MATCH EXISTING SIGN QTi �! . w,, 1-6-17 TRIM BANDS TO MATCH BUILDING COLORS (GRAY) �.- GROUT TO MATCH PRIMARY COLOR OF VINYL IN CENTER _y Cvomo.A01....1 NOT TO SCAI1 Princess Anne Shoppes Owner's Association, Inc. Agenda Item 4 Page 6 Site Photos .- -1,- - .. ., • . 1,,,:117.-- ' -:-.14-'• '•-..-s,: . Iii. . Vi...41i'l j. 4r4 - ...-:- . .'' - - . ,--.,- 4 s;,' ,..-.-'4 ' '4.,ti-Ne..,•411 -.. -, iiik,,. . - ..; i.i.,,- ,. .... - N " .. > . • •' • ' l''' ;ir ' ' - --'' ' .:!-- -, -,-'t .i - , -*- ms -• ...:ci ',• - t•-•,.. r,-. • • A. ; • , -0114.... • ,'.,...• • ,€• • vi: . • ,.,•+---k-lh . • -,.`'„ •v ,. • .1, . ,....,=1/4-. $P...'' 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' ,ti.'` ir._71---• _ ...,, ,.,. • ., - _ , . . . i,. ,,,... __ • . . . . . .. . --.. rn,.----,... .7.-•—. _----- _- __ - — -_-. __ , ---- ___ ; - - - - •:-7- .- -----... 4-00Wr---- ---- - ..... .q.... .......... w....-..----- --4."---- _ - ..---- ..-- ,m-- .--,L--- - . -- ..—,--- _ . ........ -._ ...,,,:.-- --4...rivigp,iii - - , - -... ,.. _a• .....,-'"- ........... •••• - ......10 .1.. -ern.. ..-. .... _ -........ ilr- --1g .... ... ...---- '1417' '-ir . . ._ ..- - .... ... .....„ .... • .0. - ..p. Ili , ft / • ., Ai 11111e •.? *"... ,.r 211111\11i111*' Illik - - - ' .. 111111111hk : -- , - ..., ,...,..,- i • t t --iik::---- " - ; - • -7,4,6!.------, , -- . --T-1_:-'f.::7"-- • ! _- TIT i jp wu • . . 1411 f' # ' •410. PRINCESS 7,- ....._, ,ANNE i . -,......_ ---i e • - - •• . SHOPPES --i--1-: _ • ., , , ; . .---• • -re- - n — . . • .., - • •:::. ,., — . . •. n l'n-..•':',,:•.41::::'..r''•••••41 i'.,- ••, , •'*.'—' ..e4. '-'4,'•c.,f4....If','"-;...,,.. . ,-. .. -,-,::,,..,..74•4..,‘..;_i,:-.......-. .• • . • ' • . , . . : Princess Anne Shoppes Owner's Association, Inc. Agenda Item 4 Page 7 Disclosure Statement APPLICANT'S NAME princess Anne Shoppes Owners Association, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property , I Disposition of City Modification of by City ' Property Conditions or Proffers I Alternative Economic Development Nonconforming Use Compliance,Special I Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning AppealsL . Certificate of Floodplain Variance Appropriateness --- 'I Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board , Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE EOR CI TY USE ONLY/Ail disclosure. Idled FI.0dveka ddi.r Page I of] P>nn.i Corm ss an and o, Cc.J E‘1 eivi ;dal Oa 0 APPLICANT NOT II OF HEARING )-i NO naNG'S AS OF DST.: I _JS Jonathan Sanders ❑ Rt VISIONS wenn LLU Princess Anne Shoppes Owner's Association, Inc. Agenda Item 4 Page 8 Disclosure Statement NB Virginia Beach 111 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. �� Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. IA) List the Applicant's name:Princess Anne Shoppes Owners Association,Inc If an LIC, list all member's names: Patrick A. Brett, President; Kyle Butters, Secretary:Timothy V.Anderson, Treasurer If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Patrick Brett; Kyle Butters&Timothy Anderson IB) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Arrach Ilst If necessary) See next page for Information pertaining to footnotes1 and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only property_owner is different front Applicant. El Check here if the PROPERTY OWNER ISNOT a corporation, partnership,firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND TNEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of7 Princess Anne Shoppes Owner's Association, Inc. Agenda Item 4 Page 9 Disclosure Statement Virginia Reach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) • 'parent-subsidiary relationship" means 'a relationship that exists when one corporation directly o indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflirr of Interests Act,Va. Code 6 2 2:3101. 'Affiliated business entity relationship' relationsh 1p, other than pare nt-subsldiary relationship.that exists when le one business entry has a controlling ownership interest in the other business entity. Illi a controlling owner ine owner entity is also a controlling in the other natty,or (I iii there is shared management orcontrol between the business entities Factors that should be considered in determIning the existence of an affiliated business entity relationship include that the sante person or substantially the same person ownmanage the two entities', there are commingled l un ds or assets. the business entitieshare the use of the same offices m employees or otherwise share activities, resources or personnel on a regular basis: of there is otherwise a close working relationship between the entities." See Stale and local Government Conflict of Interests to Va code 6 2.2 3101 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or arTy business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPI FTE THE SECTION SEPERATELY Page 3 of 7 Princess Anne Shoppes Owner's Association, Inc. Agenda Item 4 Page 10 Disclosure Statement APPLICANT virgin+iBeach YES NO SERVICE PROVIDER(use additional sneend needed) ❑ ® Accounting and/or preparer of your tax return ❑ n Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser al oth_or than ® She Aoolirant-identify purchaser and purchaser's service providers Any other pending or proposed J. ❑ " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) a n Construction Contractors Cardiol Sign Co. • r Engineers/Surveyors/Agents Kellam-Gercnh Engineering,Inc Financing(include current ❑ ® mortgage lenders selected orholders being consideredand to I Provide financing for acquisition or construction of the property) �� ❑ Legal Services •Sykes,Bourdon,Ahem a Levy.pc Real Estate Brokers/ Huhhinson Really(Frances ® n Agents/Realtors for current and Hutchinson) I anticipated future sales of the I subject_property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have an Interest In the subject land or any proposed development ® 111contingent on the subject public action? If yes,what is the name of the official or employee and what Is the nature of the Interest? Mal Klett(Klett Consulting)serves on the Board of the City of Virginia Beach Visionary Advisory Board Page 4 of 7 Princess Anne Shoppes Owner's Association, Inc. Agenda Item 4 Page 11 Disclosure Statement �.V CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this APPIia n. • BY' n `n� CsyteekiaN AiL Patrick A. Brett, President ARLGNTS SIGNATURE PRINT NAME DATE Page 5 of 7 Princess Anne Shoppes Owner's Association, Inc. Agenda Item 4 Page 12 Item 84 Princess Anne Shoppes Owner's Association Modification of Proffers Northwest Corner of Intersection of North Landing Road and George Mason Drive District 7 Princess Anne December 13, 2017 CONSENT An application of Princess Anne Shoppes Owner's Association for a Modification of Proffers on property located on the Northwest corner of the intersection of North Landing Road and George Mason Drive, District 7, Princess Anne. GPIN: 1494-81-1533-0000. PROFFERS PROFFER 1: Proffer numbered "4" in the Proffers is hereby amended to read: "Both freestanding signs designated on the Site Plan shall be monument style signs. The sign at the southeast corner of the property adjacent to the intersection of North Landing Road and George Mason Drive shall substantially conform with the sign elevation designated "Entrance Signage" on the exhibit titled, "Details Princess Anne Shoppes,Virginia Beach, Virginia", which accompanied the 2003 Proffers. The sign depicted on the Site Plan at the west side of the entrance to the site from North Landing Road shall be constructed in substantial conformance with the sign elevation for Princess Anne Shoppes prepared by Cardinal Sign Corporation dated 1-6-17,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. No external signs upon the Property shall be internally- illuminated, but may be illuminated by directed external lighting. No signs may be installed on the roof of any building located upon the Property. PROFFER 2 All of the terms, conditions,covenants, servitudes and agreements set forth in the 2003 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,as Instrument Number 200403160042878, save and except, Proffer 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns,tenants,and other successors in interest or title. A motion was made by Commissioner Oliver and seconded by Commissioner Hodgson to approve item 4. AYE 11 NAY ABSO ABSENTO HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE Item 44 Princess Anne Shoppes Owner's Association Page 2 RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 4 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. Shy pNu Begcb `cam, % Liu . it t ,1 CITY OF VIRGINIA BEACH 1. INTER-OFFICE CORRESPONDENCE e� yy OF 0 Uit 11.10. In Reply Refer To Our File No. DF-9959 DATE: January 9, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson 1314.0 DEPT: City Attorney RE: Conditional Zoning Application; Princess Anne Shoppes Owner's Association, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 16, 2018. I have reviewed the subject proffer agreement, dated September 7, 2017 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS PRINCESS ANNE SHOPPES OWNER'S ASSOCIATION,INC.,a Virginia non-stock corporation TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT,made this 76,day of September,2017,by and between PRINCESS ANNE SHOPPES OWNER'S ASSOCIATION, INC.,a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property with improvements thereon located in the Princess Anne District of the City of Virginia Beach, Virginia,designated as Parcel Br containing approximately three and four-tenths(3.4)acres and described in Exhibit"A"attached hereto and incorporated herein by this reference said property hereinafter referred to as the"Property";and WHEREAS,the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property;and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated December 22,2003,which are recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia, as Instrument Number 200403160042878 (hereinafter "2003 Proffers") to reflect the amendments applicable to the land use plan on the Property;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and GPIN: 1494-81-1533-0000 Prepared by: R Edward Bourdon,Sr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Ynginia 23462 WHEREAS,the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed second modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS,the Grantor has voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee,as a part of the proposed modifications to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development,operation, and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modifications and the need for which is generated by the proposed modifications. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees,and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pm qi o for zoning, rezoning, site plan,building permit,or subdivision approval,hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor,its surressors,personal representatives,assigns,grantees,and other successors in interest or title: 1. Proffer numbered "4" in the Proffers is hereby amended to read: "Both freestanding signs designated on the Site Plan shall be monument style signs. The sign at the southeast corner of the property adjacent to the intersection of North Landing Road and George Mason Drive shall substantially conform with the sign elevation designated"Entrance Signage" on the exhibit titled, `Details Princess Anne Shoppes, Virginia Beach, Virginia", which accompanied the 2003 Proffers. The sign depicted on the Site Plan at the west side of the entrance to the site from North Landing Road shall be constructed in substantial conformance with the sign elevation for Princess Anne Shoppes prepared by Cardinal Sign Corporation dated 1-6-17, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. No external signs upon the Property shall be internally- 2 illuminated,but may be illuminated by directed external lighting. No signs may be installed on the roof of any building located upon the Property. 2. All of the terms,conditions,covenants,servitudes and agreements set forth in the 2003 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200403160042878, save and except, Proffer 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor,its heirs, personal representatives,assigns,tenants, and other successors in interest or title. The Grantor further covenants and agrees that: All references hereinabove to the B-1A District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; 3 and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or prig; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Princess Anne Shoppes Owner's Association,Inc., a Virgi11,Qelik niianon-stoocckccorporrationn n� By: ,Dol (SEAL) Patrick Adent STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this aS day of September, 2017, by Patrick A. Brett, President of Princess Anne Shoppes Owner's Association, Inc., a Virginia non-stock corporation,on behalf of said company. "1'Y -10-,ti.t-t- \/ .s-k-U-A. Notary Public My Commission Expires: 7-31-'X0 Notary Registration Number: "1 a- 1ST(3 C fici(74••• IOTA/4.ego MyCs.empire. Z 5 EXHIBIT"A" All that certain tract, piece or parcel of land,situated in the Princess Anne Borough, City of Virginia Beach, Virginia, designated as Parcel Bt as shown on that certain plat entitled, "SUBDIVISION OF LOTS A&B SUBDIVISION OF BREWER PROPERTY", Scale 1" = 100', dated March 26,1994 made by Kellam-Gerwitz Engineering,Inc-,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 238, at Page 79,together with a perpetual non-exclusive easement designated"Cross Access Easement for Lots Bt,B2 and 1:33",as shown on the aforesaid pat and a perpetual non-exclusive easement designated"to'x zoo'Private Utility Easement Hereby Dedicated",as shown on the aforesaid plat. GPIN: 1494-824533-0000 HMM\Mod of Proffers\Princess Anne Shoppes Owners Assn\2nd Amendment to Pm&admc 6 owl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 901 OF THE CITY ZONING ORDINANCE TO ALLOW OFF-SITE PARKING FACILITIES AS A PERMITTED USE IN THE B-2 ZONING DISTRICT WITH SPECIFIC REQUIREMENTS MEETING DATE: January 16, 2018 • Background: Section 23-58 of the City Code defines an "off-site parking facility" as any lot which is used primarily for the parking of motor vehicles. This differentiates from a "commercial parking facility," in that no fee or other compensation is collected. Currently, off-site parking facilities are permitted in the B-3 and B-4C Zoning Districts. Only commercial parking facilities are permitted within the B-2 Zoning District. This amendment would permit off-site parking facilities within the B-2 Zoning District. ■ Considerations: This amendment would allow off-site parking facilities within the B-2 Zoning District, provided certain requirements are met. These requirements are consistent with Section 23-58 of the City Code and current parking lot requirements in the Zoning Ordinance. Staff encourages creative parking solutions, and this amendment will provide additional flexibility for property owners. Further details pertaining to the amendment, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: Staff recommends approval. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance City of Virginia Beach —Off-Site Parking Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departme, • _ :ency: Planning Department \ ,r7v:gra6.4.61, City Manager: cccSSS 1 AN ORDINANCE TO AMEND SECTION 901 OF 2 THE CITY ZONING ORDINANCE TO ALLOW 3 OFF-SITE PARKING FACILITIES AS 4 PERMITTED USES IN THE B-2 ZONING 5 DISTRICT WITH SPECIFIED REQUIREMENTS 6 7 Section Amended: § 901 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 901 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 ARTICLE 9. - BUSINESS DISTRICTS 20 21 22 23 Sec. 901. - Use regulations. 24 25 (a) Principal and conditional uses. The following chart lists those uses permitted within 26 the B-1 through B-4K Business Districts. Those uses and structures in the 27 respective business districts shall be permitted as either principal uses indicated by 28 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 29 "X" shall be prohibited in the respective districts. No uses or structures other than as 30 specified shall be permitted. 31 Use B-1 B-1A B-2 B-3 B-4 B-4C B-4K Off-site parking facilities, subject to the X X X-P P X P X provisions of subsection (d) — 32 33 (d) Off-site parking facilities. Off-site parking facilities shall be permitted as follows: 34 35 . . . . 36 37 L) 8-2 zoning district — Off-site parking facilities for any use within the B-2 38 zoning district shall be permitted on any lot within the district provided all of the 39 following requirements are met: (1) structures for parking facilities shall conform 40 to the regulations of the district in which located; (2) the parking spaces located 41 on the off-site parking facility parcel shall not be counted toward meeting the 42 minimum off-street parking requirements for any use not located on the same 43 parcel as the off-site parking facility; (3) parking surfaces and drive aisles shall be 44 constructed of concrete, asphalt, or other suitable material approved by the 45 Planning Director; (4) a full site plan must be submitted to the Development 46 Services Center Division of the Planning Department for review, and must meet 47 the requirements of the Department of Public Works Specifications and 48 Standards regulations and all applicable sections of the Department of Planning 49 Site Plan Ordinance; (5) if the off-site parking facility adioins a residential or 50 apartment district without an intervening street, alley, or body of water over 51 twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required along 52 all lot lines adioinina the residential or apartment district, with Category IV 53 landscape screening within the yard area, with no other uses or structures 54 permitted in such yards; (6) the perimeter of the off-site parking facility may be 55 enclosed by fencing meeting the requirements set forth in section 201(e) of the 56 City Zoning Ordinance; provided, however, that such fencing within any yard 57 abutting a city right-of-way shall not exceed four (4) feet in height, be no more 58 than 50% opaque, and shall consist of materials generally recognized within the 59 industry as maintenance-free, such as vinyl, aluminum, or wrought iron(chain-link 60 and black vinyl coated chain link fencing shall not be permitted); (7) there shall 61 be provided within the perimeter of the parking lot or between any two (2) parking 62 spaces, landscaped area(s) which together total thirty (30) square feet for each 63 parking space, with trees provided within the landscaped area in the proportion of 64 one tree per one hundred and fifty (150) square feet of total landscaped area 65 except any fractional tree shall not be counted as a whole tree; (8) any on-site 66 fencing and all required on-site landscaping shall be maintained in good 67 condition and repair at all times, and no required landscaping may be removed 68 unless replaced by landscaping meeting the requirements of this code section 69 and the City Site Plan Ordinance, Appendix C, section 5A 'Parking Lot 70 Landscaping Specifications and Standards;" (9) contain, no less than one trash 71 receptacle, plainly visible and marked as such, for every three thousand, five 72 hundred (3,500) square feet of lot area or fraction thereof; (10) be maintained in 73 a clean and orderly conditional at all times and all trash receptacles shall be 74 emptied and the contents thereof property disposed of at the close of operation 75 daily or at such other times as receptacles become full; and (11) be in 76 compliance with all other applicable requirements of federal, state, and local law 77 including, but not limited to the handicapped parking requirements of the 78 Americans with Disabilities Act. 79 80 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 81 of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Vii.- to11 , Planning Departm- tCity Attor Office CA14242 R-1 November 14, 2017 Agenda Item Applicant City of Virginia Beach Public Hearing December 13, 2017 g gli Off-Site Parking Facilities as Permitted Uses in the B-2 15 r;��,,,t Zoning District with Specified Requirements Virginia Beach Request An Ordinance to Amend Section 901 of the City Zoning Ordinance to allow off-site parking facilities as a permitted use in the B-2 Zoning District with specified requirements. Summary of Request Section 23-58 of the City Code defines an "off-site' parking facility as any lot which is used principally for the parking of motor vehicles, except for"commercial parking facilities,"for which a fee or other compensation is considered.Within the Business Districts,the Ordinance currently permits"off-site" parking facilities only in the B-3 Central Business and B- 4C Central Business Mixed Use Districts under certain conditions.This amendment extends the use to be permitted within the B-2 Community Business District. This amendment permits"off-site" parking facilities only if certain criteria are met.The established criteria are consistent with section 23-58 of the City Code and current parking lot requirements in the Zoning Ordinance.A summary of the requirements is listed below: • Must conform to all regulations of the district it is located; • Spaces provided do not count towards off-street parking for another site; • Must be constructed using asphalt, concrete or other material suitable to the Planning Director; • Site plan must be submitted to the Development Services Center; • A 15-foot buffer with Category IV landscaping is required when adjacent to residential or apartment districts; • May be enclosed with a fence that meets the requirements of the ordinance; • Interior landscaping must be provided to meet standards of the Landscape Guide; • Must be maintained in a clean and appropriate fashion; • Trash receptacles must be located on site; • Must meet ADA and all other federal and state requirements. Recommendation Staff recommends approval of this Ordinance.This amendment will permit a use that is appropriate and compatible within the B-2 Community Business District.The requirements identified in the amendment are consistent with existing City codes,and in Staff's opinion,will minimize the impacts of this use to adjacent properties.As development and redevelopment continue throughout the city, Staff encourages creative parking solutions.Allowing off-site parking facilities in the B-2 District will provide additional flexibility for property owners. City of Virginia Beach Agenda Item 15 Page 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTIONS 102, 111, 401, 501, 601, 901, 1110, 1125, 1521, AND 2203 OF THE CITY ZONING ORDINANCE AND SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT FORM-BASED CODE AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY ZONING ORDINANCE PERTAINING TO DEFINITION REQUIREMENTS AND USE OF HOME SHARING AND SHORT TERM RENTALS MEETING DATE: January 16, 2018 • Background: Based on the resolution adopted by the City Council on January 9th to allow additional time for the Planning Commission to consider the alternative ordinances, this item is recommended for deferral. In recent years, online rental platforms have greatly increased in use and have opened up the rental marketplace resulting in an increase in short-term rentals throughout the city. Simultaneously, some residential properties, usually having ocean or bay views, have been constructed for the purpose of hosting large events. As a result, the City has been working towards establishing an ordinance that addresses concerns that have risen with this use (noise, traffic, trash, fireworks, etc.) In 2016, City Council tasked the Beaches and Waterways Commission with evaluating "event homes." Following a series of public meetings, an ordinance was drafted but never considered by City Council. Later in 2016, City Council established the On-Line Home Sharing Ad Hoc Committee. Following a series of public meetings, this committee drafted a recommendation to City Council regarding the regulation of short-term rentals, which was sent to the General Assembly. In 2017, the General Assembly enacted legislation that gave localities the right to establish a registry for short-term rentals and to adopt appropriate zoning regulations for short-term rentals. Since that time, ordinances have been adopted by City Council that established a short-term rental registry with the Commissioner of Revenue. As per State legislation, all short-term rentals using a real estate company are exempt from this registry. City Council allocated funds to contract with a company to work with the Commissioner of Revenue to locate online rentals. This effort has been successful, as approximately 400 plus rentals have been located. Additionally, the City Manager has enacted a 24-hour 311 system to better address concerns related to these rental properties. City of Virginia Beach —Alternative Short-Term Rental Ordinances Page 2 of 3 Following the State legislation, Staff has drafted three alternative ordinances addressing short-term rentals. Alternatives number one and two differentiate "home sharing" (where the property owner is present during the rental period) and "short-term rentals"(all other forms of rentals of thirty days or less.)Both alternative one and two address the large number of known short-term rentals currently operating in the City. Alternative one would create an overlay district, in which short-term rentals would not be required to obtain a Conditional Use Permit. Alternative two would "grandfather" any short-term rental that has paid the Transient Occupancy Tax prior to January 1, 2017. Alternative three does not differentiate between "home sharing" and "short-term rentals," and considers all rentals less than thirty days as short-term rentals and would permit them as an accessory use, provided certain conditions are met. • Considerations: The City of Virginia Beach is a tourist destination where short-term rentals have been an option for vacationers for many years; however, this use is not addressed in the Zoning Ordinance. The recent growth in short-term rentals, due largely to online platforms, has proven the necessity of establishing an ordinance to protect stable residential neighborhoods from any negative impacts associated with this use. All three ordinances consider recommendations and multitude of public input received from the Beaches and Waterways Commission and the Ad Hoc Committee. Staff believes that all three alternative ordinances provide the framework to regulate this use in the best interests of the residents of the City. The Planning Commission had in-depth discussions during their two workshops and during the December public hearing. Questions were brought forward, particularly regarding the legitimacy of limiting short-term rentals to one per seven day period, requiring a $1 million insurance liability policy, establishing a maximum occupancy and the requirement to have a contact person available within 30 minutes. Further details pertaining to the amendments, as well as Staff's evaluation are provided in the attached Staff report. There were 35 speakers at the Planning Commission public hearing who voiced both support and opposition for the ordinances. • Recommendations: Staff recommends Deferral. Planning Commission passed a motion by a recorded vote of 11-0 to recommend deferral of this request until their February meeting. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinances City of Virginia Beach —Alternative Short-Term Rental Ordinances Page 3 of 3 Recommended Action: Staff recommends Deferral. Planning Commission recommends Deferral. Submitting Depa II -ntl: ! - •cy: Planning Department tor,,,, . - City Manager: 11 Wit, Applicant City of Virginia Beach e, enda Rents Public Hearing December 13, 2017 Short Term Rental —Alternative Ordinances 1 0 Virginia Beach Request An ordinance to amend sections 102, 111,401,501, 601,901, 1110, 1125, 1521,and 2203 of the City Zoning Ordinance and section 5.2 of the Oceanfront Resort District Form-Based Code and Add sections 209.6 and 241.2 of the City Zoning Ordinance pertaining to definition requirements and use of Home Sharing and Short Term Rentals. Summary of Request Background: The City of Virginia Beach is a tourist destination. Historically,four types of"short term" (30 consecutive days or less) have been available: (1) hotels/motels, (2) bed and breakfast inns, (3)country inns,and (4)vacation rentals in residential dwellings. While vacation rentals in residential structures is a long standing practice,this type of rental is not addressed in the City Zoning Ordinance. In the recent years,emerging online rental platforms have opened up the rental marketplace resulting in an increase of short term residential rentals throughout the City. Simultaneously,some residential properties, usually with ocean or bay views, are now being developed and rented for the purpose of hosting large events. Neighborhood concerns have been raised including traffic, noise, trash disposal,fireworks,etc.The evolving environment has drawn attention for the need to consider amendments to the City Zoning Ordinance to regulate this activity and ensure compatibility within residential neighborhoods. In an effort to obtain public input, in 2016 City Council tasked the Beaches and Waterways Commission with evaluating and making recommendations for"event houses." Several public meetings were held throughout the City.The Beaches and Waterways' recommendations were presented to Council in August, 2016.A draft ordinance was designed to curb the potential disruption of event homes, but never brought forward for consideration by City Council.The draft ordinance required a permit for an "event". A summary of their recommendations is listed below. • Property may have 2 "events" per year; • Event is defined by more than 50 people, but no more than 100 people; • Notification of event must be given to all adjacent properties; and • Requirements for parking, liability insurance, employment of an off-duty police officer, and certification from zoning and permits and inspections that the property is in compliance. Also in 2016, City Council established an On-line Home Sharing Ad Hoc Committee.This committee was charged with drafting recommendations that City Council could forward to the General Assembly.This committee held numerous public meetings and made reports and recommendations to City Council.The Ad Hoc Committee presented its report to Council in November, 2016.The legislative recommendations of the committee are summarized below. • Short term rental cannot be eliminated; • Taxes should be paid to the locality; • Locality should require appropriate insurance coverage; City of Virginia Beach Agenda Item 10 Page 1 • Localityshould have the authorityto promulgate health and safety regulations; and • Protect neighborhoods. The committee also recommended amendments to the City Code.These recommendations are summarized below. • Distinguish between "daily" (less than 7 consecutive days) and "short term rentals" (7 to 29 consecutive days); • Rentals need to be greater than 7 consecutive days; • Registration required; • A responsible party who can be at the property within a reasonable time; • Maximum occupancy requirements; • Parking accommodated on-sit; • Post text of all applicable City Codes(fireworks,trash, parking etc.);and • Liability insurance of 1 million dollars. In 2017,the General Assembly enacted legislation allowing localities to establish a registry for short term rentals.The legislation also allowed the locality to the right to adopt appropriate zoning regulations for short term rentals.The City Council passed an ordinance requiring short term rentals to register with the Commissioner of Revenue on August 16, 2016, and amended it to comply with General Assembly legislation on July 1,2017. In the interim,City staff has taken the input from both the Beaches and Waterways Commission and On-line Home Sharing Ad Hoc Committee,along with other public input,and developed three alternative amendments to address the zoning aspects of short term rentals.The three alternative ordinances are described below. Three Alternative Ordinances: Alternative 1 and alternative 2 distinguish between "home sharing"and other types of short term rentals. Both of these rental situations involve periods of less than 30 consecutive days; however, home sharing is a form of short term rentals where the rental unit is the principal residence of the owner and where the owner is present during the entire rental period. In both of these alternatives, home sharing is a permitted,subject to certain regulations listed below, in all districts where residential dwellings are permitted. 1. Parking must be provided on property; 2. Noise shall not exceed normal levels in residential neighborhoods; 3. No increase in traffic; 4. Owner must provide contact information; 5. Must retain registry with the Commissioner of Revenue; 6. Posted City Code sections(fireworks, noise, solid waste collection,fires on the beach); 7. Refuse must be places in automated refuse receptacles; S. No more than one rental contract per seven day period; 9. Owner shall provide proof of liability insurance ($1,000,000); 10. Emergency exits clearly marked;and 11. City may inspect the property at any reasonable time,after notice,to verify compliance. Staff recognizes that there are a large number of short term rental properties where the principal residence and/or owners of the property are not present during the rental period. Alternatives 1 and 2 address these existing short term rental dwellings differently. Alternative 1 creates a "Short Term Rental Overlay District." Under this alternative,all properties located within the overlay district would not require a conditional use permit. Properties outside of this district would require City Council approval to operate as a short term rental. City of Virginia Beach Agenda Item 10 Page 2 Alternative 2 would not require a conditional use permit for any property that had registered with the Commissioner of Revenue and paid the transit occupancy tax prior to January 1,2017. If these conditions were not met,City Council approval would be required. Alternative 3 classifies all short term rentals as"home occupations," and permits them in all districts where residential dwellings are permitted, provided certain conditions are met.A section (209.6.Accessory use-short term rental) would be added to the zoning ordinance to identify the fourteen required conditions. If a property owner desires to exceed these conditions, they would require city Council approval.The fourteen conditions are listed below: 1. Parking must be provided on property; 2. Noise shall not exceed normal levels in residential neighborhoods; 3. No increase in traffic; 4. No event with more than 50 people shall be held without a special event permit; no event shall exceed 100 people; property is limited to no more than three special events per calendar year. 5. Owner or owner's agent must be identified and able to respond to property within 30 minutes of being contacted; 6. No signage shall be on-site, except a one foot by one foot sign, posted on the building; 7. Must retain registry with the Commissioner of Revenue; 8. Posted City Code sections(fireworks, noise, solid waste collection,fires on the beach); 9. Refuse must be places in automated refuse receptacles; 10. No more than one rental contract per seven day period; 11. Owner shall provide proof of liability insurance($1,000,000); 12. Maximum occupancy on the property after 11:00 p.m. and before 7:00 a.m. is two persons per bedroom, plus four additional persons; 13. Emergency exits clearly marked; and 14. City may inspect the property at any reasonable time,after notice,to verify compliance. Staff has drafted a matrix, located on the following page, summarizing these three alternatives. Recommendation Staff believes that all three alternatives address public health and safety,fair taxation,and compatibility with residential neighborhoods.The three alternatives were drafted considering the recommendations of the Beaches and Waterways Commission and the On-line Home Sharing Ad Hoc Committee, as well as the plethora of input from citizens.Therefore staff will support any of these alternatives as Planning Commission evaluates them and moves forward. City of Virginia Beach Agenda Item 10 Page 3 Item#10 An ordinance to amend sections 102, 111,401,501,601, 901, 1110, 1125, 1521,and 2203 of the City Zoning Ordinance and section 5.2 of the Oceanfront Resort District Form-Based Code and Add sections 209.6 and 241.2 of the City Zoning Ordinance pertaining to definition requirements and use of Home Sharing and Short Term Rentals. Item#11 An ordinance to add Article 23,consisting of Sections 2300 through 2303, (short term rental overlay district)to the City Zoning Ordinance establishing regulations and requirements pertaining to short term rentals Item#12 An ordinance to amend the official zoning may by the designation and incorporation of property into the short term rental overlay district. Item#13 An ordinance to amend sections 111,401, 501,601,901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code and add section 209.6 and 241.2 of the City Zoning Ordinance pertaining to definition, requirements and use of Home Sharing and Short Term Rental. Item#14 An ordinance to amend sections 111,401, 501,601,901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code and add section 209.6 and 241.2 of the City Zoning Ordinance pertaining to definition, requirements and use of Home Occupation- Short Term Rental. December 13, 2017 REGULAR Jan Rucinski: The next item on the agenda, and we're going to be combining items 10-14 into one hearing, and that is an ordinance to amend sections 102, 111,401, 501,601,901, 1110, 1125, 1521,and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code and Add Sections 209.6 and 241.2 of the City Zoning Ordinance pertaining to definition requirements and use of Home Sharing and Short Term Rentals,which includes the ordinance to add Article 23, consisting of Sections 2300 through 2303,(short term rental overlay district)to the City Zoning Ordinance establishing regulations and requirements pertaining to short term rentals.An ordinance to amend the official zoning map designation and incorporation of property into the short term rental overlay district. An ordinance to amend Sections 111,401,501, 601,901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code and add Section 209.6 and 241.2 of the City Zoning Ordinance pertaining to definition, requirements and use of Home Sharing and Short Term Rental. An ordinance to amend sections 111,401,501, 601,901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code and add Section 209.6 and 241.2 of the City Zoning Ordinance pertaining to definition, requirements and use of Home Occupation-Short Term Rental. Bob Thornton: Before we get started, if you came in late and did not sign a card to speak,would you to do is hold up your hand and I would like to ask Barry to have one of your folks pass the card, instead of having everybody that didn't sign a card come forward. If you didn't sign a card and you want to speak, hold your hand up and Jonathan will hand you a card,and we need to get them up here and when you come up to speak,clearly state your name,for the record,and then let us know what your thoughts are and be very mindful of the clock. We have a lot of people to speak today. If you speak for a large group, you have 10 minutes. If you're speaking for yourself,you have three minutes. And we ask you to be fair about that. With that,we're going.We can wait to get the cards, but if you want to speak,you need to fil out a card. So,we will call the first speaker. Jan Rucinski: And also some of you have indicated if there was a particular one of these alternatives that you were in favor of or against. If you can, make sure to let us know that also.We will be calling those that have signed a card in support of first,and these are not in any particular order. Jack Drescher. Jack Drescher: Gentlemen, my best vice chair, members of the Commission, I'm Jack Drescher,and I'm President of the North Virginia Beach Civic League. However, it is coincidence that I also Chaired the AD HOC committee as well,so I feel as though, I'm fairly knowledgeable about, at least the background as why we are here. All, I hope you don't quiz me on any of those particular ordinances. I have not read them. The Committee,at its' inception was charged by City Council with an effort to try and figure out how to deal with short term rentals. We conducted several public meetings. I met with staff.The entire committee met with staff. We talked with the City Attorney's Office at length. We also worked closely with Tom Frain,with the Beach and Waterways Committee.We studied event houses and what we found was that these issues tend to blend together to a certain degree. I'm going to speak on behalf of the North End, but I think the background is important. We looked at length at a number of different issues that were involved with this. Primarily,of course,we had some concerns about public health, safety and welfare,a fair taxation because the real estate folks were not being treated the same as the on-line virtual folks were. There was no way to make those people properly respond to the City Commissioner of Revenue in order for taxation to occur.and Then perhaps most important,at least for the committee,we dealt in terms of residential neighborhoods and how we were going to deal with those with commercial activity,which, in fact this is, ongoing all at the same time. So,the recommendations that you see,and the matrix that is provided by the City Attorney's Office,essential came from the AD HOC Committee. This was not something that was authored out, it was had by the City Attorney Office or Zoning. This was something we came up with because we felt it was very important for example that transient occupancy taxes were property accessed against everyone. That registration was required by everyone. There would be onsite parking. Trash must be automated bins. There must be an insurance requirement,and that was a very critical one for us. We were worried that someone could get hurt and wouldn't have any access to insurance. There needed to be a contact person. That was one of the major complaints that we heard.There was nobody to whom anyone could complain for online rental having certain residential neighborhoods. The occupancy requirement was really sort of Luke warm to us. We felt like for example, under Option one it was an owner occupied by short term rental situation,that the owner would handle problems himself or herself. If he is going to have 50 people living in his house for example. We just didn't think that was going to be a problem. We also wanted to avoid the circumstance where an owner wanted to have a wedding at his house,with any number of people coming. Would it be fair to have an event permit required for that?, and we felt that it would not,thus the differentiation between owner occupied short term rentals and short term rental by someone who is an off-site owner. So, in looking at the various options that are available, at least the three you have been given, North Virginia Beach Civic League opted for Option One. We felt that it was the best; however, it was a very close call that Option two would be satisfactory. We felt,frankly, that Option three was a little restrictive, but that was our sense of it. But we would live with that. Our neighborhood is different than Great Neck point or Old Donation or Witchduck Point. We've had rentals at the North End since I was a boy and well beyond it a number of years then I would like to think about it. The same holds true for Sandbridge. It is a little different circumstances then say, Kempsville.We understand, so the overlay sort of made sense to us,that if you employ that obviously that would,whatever our pride to the North End would not necessarily apply to Bay Colony.So,those are the reasons that we reached the conclusion that we did. I have no intention of taking our full 10 minutes; however,you may have some questions of me of how we reached certain circumstances, and, I will be glad to answer them if you have them. Bob Thornton: Thank you. Are there any questions of Mr. Drescher? David. David Weiner: Mr. Dresher,when you looked at on-site parking, did you look at how many cars? Did you think about a number for residence or people that were staying in these short term rentals? Jack Drescher: Simple answer to my question is yes. There were any number of photographs at the event houses in Sandbridge,and you would see buses, and cars parked all over the front yard of a place. And you would see cars and buses parked in illegal parking spots,which created problems for the neighbors. So yes, but for us to become intimately involved in how we establish specific parking regulations,we felt that it really wasn't appropriate for the committee to necessarily make those recommendations. That was more a zoning function and a City Attorney's function to figure out in conjunction with all of those ordinances and what would work and what wouldn't work. Simple answer to your questions is yes. Bob Thornton: Do you have a question? Dee Oliver:Yes. Bob Thornton: Dee? Deed Oliver: Tell me how you all came to the conclusion that you prefer an overlay versus no overlay. Jack Drescher: In actuality, it could be either way for us. We say the overlay, but we are sort of trying to reach out to the rest of the City and say we understand that you may want an overlay at all. But we want to make sure we had our voice heard. It was sort of deference throughout the neighborhood as opposed to something that we would necessarily like. Options 1 or 2,actually Option 3, would work at the North End. Deed Oliver: Right. Jack Drescher: So, I'm just given you an overall of rentals. Dee Oliver: No, I am just curious because an overlay would be hard to distinguish whether you would be on the east side or the west side, and how far on the west side you went, and that sort of thing. Jack Drescher: We recognize that. And again, not to dump all over Zoning and City Attorney's Office, we kind of think they would figure it out. That is actually what we did. Dee Oliver: Right, okay. Bob Thornton: Any other questions for Mr. Drescher? Thank you sir. Jack Drescher: Thank you sir. Jan Rucinski: Thank you. Our next speaker in support is Heather Malaby. And I f you can make sure you speak into the mic so people in the back can hear. And the mic is adjustable if you need to adjust. Heather Malaby: Good afternoon. I am Heather Malaby and a resident of Sandbdridge Beach. There have been many changes to Virginia Beach, but a very important fact remains,and that is that our neighborhood are Zoned residentially. Some of the problems occurring throughout the City are the uses of the short term rentals. I support short terms rentals, as an adjusted version that is given in alternative two. I know that the City will be following its own Comprehensive Plan,adopted on May 16, to maintain the harmony and compatibility of the neighborhoods. This is a good neighborhood policy and is in keeping with creating a community of a lifetime. I understand wherein the Comprehensive Plan states it is the policy of the City to maintain the existing low density character of Sandbridge, I know you respect the intentions of the residents to protect residential communities in which we have chosen to live.So,as an individual, I am just asking that you keep the Comprehensive Plan in mind as you go forth. Thank you. Bob Thornton: did anybody have any questions of the speaker? I don'see any. Thank you. Jan Rucinski: Our next speaker is Carl Eason. Carl Eason: Good afternoon. For the record, my name is Carl Eason. I am an attorney with Wolcott, River and Gates and I represent the interest of Sandbridge Realty. One thing that I would like to ask is that the people that are hear today in support of Alternative three to rise. Rather than be heard individually, at thus getting the favor of at least Mr. Inman,who likes us to speak collectively. So, if you can stand to be recognized. That should cut it down just a little bit. When I first looked at this proposition I thought,you know what,what about Option four? Does anything have to be done? And many times when there is not a problem,you look for the solution. Do you need that? Do you need the regulation? I own property in the North End. I own property in Croatan. I own property in Sandbridge. I think all three of those areas have absolutely different characteristics that are different from each other. We talked about overlay district. One of the first things I query was where would I like to buy my next development or investment property and who is going to draw that line? And where are they going to draw it? Difficult issues. You guys, I appreciate so much in your deliberations. I know that individually you've been called onto be on the phone constantly if you have independent meeting. What is comes down to it,what you are looking at today is a balance between property rights and regulation. When I looked at the second, proposing Conditional Use Permit, I thought of Mr. Kemp's office and the personnel that it needs to process all those CUP's. Secondly, I looked at the point of view, and if I was an out-of-town investor looking to buy some property at Sandbridge, and I put my contract of contingency to now even make sure I can rent this new home. I am looking, no offence Kevin Kemp, 120 days or more and would that have a chilling effect. It is just easier to go down to Kill Devil Hills where they don't have a regulation. So, I sort of took that one off and I said, if we have to consider one of these three things on the merits, let's try to deal with it in specific and concrete terms. Sandbridge is a pretty safe community.There is not a lot of police involvement down there. There is not a lot of difficulties, but every now and then you use an event house that goes wrong. There was one in Croatan, it was in July a year or so ago,and somebody rented it out. No supervision. The next thing you know you got a bunch of intoxicated people at two in the morning on the street. And the police had to come and deal with it. That is something,as a resident,you don't want to have to deal with.That is something that Sandbridge Realty does not support,and that they try to regulate it. So, I looked at Alternative 3 and speak in support of Alternative 3. There are two things that I wanted to observe. First of all, I think there needs to be looked at the one rental contractor seven day period. I am going to give you an example of how that many be a difficult provision. Somebody comes,and say they want to rent my unit for a period of three days. Then somebody calls on Tuesday morning. My family is coming down from Ohio. I would like to rent it a week. I would rather look at a number of contracts in a definitive period. We might want to consider an alternative of a maximum of looking at a term of minimum times. How often do you want these properties to turn?You don't want it on a daily basis, I understand.The coming and goings are just too frequent. But,the way it is currently postured,you can have one rental for three days and then the place sits dormant until the next family wants to come down the following week and rent it for a two week period. So, I think that is a very difficult application that would certainly reduce the availability of the rentals and reduce the revenue. So,that is one thing that it one thing I would like for you all to consider in making your recommendations. The second is occupancy. Many of the houses in Sandbridge are set up specifically for short term rentals. I mean after all,that is a destination,and when you walk into any given place,you're going to see twin bunk beds in a bedroom. Oops,that's four people in that bedroom.That is a violation. You go in there and you're going see double beds set up where four kids can go in.This ordinance would not be appropriate. I think trying to make the maximum occupancy limitations as they are stated is perhaps needs some more thought on it. When you look at the code and you look at the HUD for your housing standards,they do it by area. They say for one individual you have to have 70 square feet,and for each additional person you're going to put in that room,that's another 50 square feet. That's an objective criteria and it is based upon the size of the space to be occupied, not merely a number of bedrooms and a head count. The other thing,when I looked under and I saw the registration requirement, not a problem.The payment of transient occupancy taxes,of course we should pay our taxes. And those that are escaping it through online media or otherwise should not to be sanctioned. Certainly not by Sandbridge, not by me. Posting the City Code provisions,absolutely. It is just as important to have those up there as to have them in my pool.Trash? Sandbridge provides, at a cost I might add,to all the residents that rent through them, additional and supplemental trash removal. I don't want the cans out there. I don't want to have to come get the cans and drag them in and out. That is something that they do. I think they take pride as a vendor, and I think some of the other rental houses that are in Sand bridge do likewise.So,we're supporting of that. A million dollar insurance.Anybody that has a short term rental and doesn't insure themselves has a fool for a client. Sign permission,or course,and then to the events. What are you going to do with all of those cars? I heard the observation that was made and I've been down there in the summertime. I've seen it.They are parked everywhere,all over the ground,all over the sand,all over the gravel. You get to a point where there is only going to be a certain amount of onsite parking, and it does have to be onsite because if it spills off site,you have fire concerns.You have police concerns. You have rescue vehicle concerns when you clog your arteries with some special event. So, seeing that, having is something that is says if you can't do it onsite,which is required,then bust the people from some other site that you pay for,and we see that very large venues where there is too many people to be accommodate that special event. So,with those two particular modifications in mind, I think that Alternative 3 is appropriate with those two modifications. After I got to that point in my analysis, I started thinking about it.Okay.The number of people per bedroom,and I'm not sure who is going to be the bed chucker. It is not going to be me. How do you enforce these things? And so making the rule without a realistic enforcement mechanism, I think that is something we need to consider when we're making a recommendation,and certainly a legislative act.That doesn't mean that the goal trying to achieve isn't an appropriate goal, it just means are we really going to do about doing that? How are we going to enforce that? I know there only a limited number of planning Commissioners that can go and conduct these inspections,and take it from there. One other think that I did see is that there has to be a responsible party. I think the recommendation was that after the 3-1-1 registration, be there in 30 minutes? I live in Croatan. I own a Corvette. I'm not even sure I can do it in 30 minutes. And if you do ask me to go down there in 30 minutes, and I pull up in front the place at 12 in the morning and there is a bunch of intoxicated people out there, I don't feel personally equipped to go in there as a Kung Fu Master,and resolve that conflict. I would probably take the 3-1-1 and turn it into 9-1-1.Secondly, I don't want to take Sandbridge Realty as an agent, not only for myself but for others down there, and put them in a position of potential harm where they have to go in and intervene in these situations. If somebody is engaging in that behavior,that is probably for a professional to respond too. I don't see a lot of it. I haven't seen that as a problem. I've seen that as a limited occurrence. So again, I thank you for your service. I thank you for all of your time. I know every one of you has taken your own time to deal with these problems. I know this is probably more activity than many other considerations. So, please keep in mind Alternative 3,with the modifications as I suggested. Having said that I am open to questions. Bob Thornton: Any questions of Mr. Eason? Dave. David Redmond: First off,thank you for time, and I agree with an awful lot of what you said. I do want to state about one point and that is these alternatives. Before we get too far down the path, I was thinking these are some dictated choices where you must choose between A, B,and C or Alternative 1, Alternative 2, and Alternative 3. That is not the case. Carl Eason: Right.They are just considerations. Davie Redmond: Absolute,adamant about that we are starting more than less from scratch. These are suggestions. We are not required to choose any of these paths.City Council is not required to choose any of these three paths.They are helpful in some ways and I think unhelpful in the way it was presented to us. Because we have lot of people that have been saying I favor Alternative 1 or Alternative 2 as opposed as looking at the differences and saying, this is how I think we can come up with a workable and sensible policy that make sense. And I think that's where we are going to go at the end of the process, and that is ultimately what we are going to do. But just to clarify, I certainly don't view it that way. I don't that is a problem with you on the Commission. Carl Eason: They were not received by me in that way. What you do is take that input there for considerations for you to debate and for our discussion,and hopefully we come out with a reasonable approach at the end. So, I appreciate the clarification.That is where I was coming from. David Redmond: Thank you. Bob Thornton: Dee? Dee Oliver: Okay. Thank you. And I do like your perspective on all of this. The question I have for you is that I want to address the 3-1-1 number.Your thoughts on it, and I agree,you can't get anywhere in the City in 30 minutes. I know that the City wanted to implement it 7 days a week,24 hours a day,just so that there was a contact person. Not so much for just parties, but trash, parking etc. As just a contact person versus a point person on the property, so they would just be able to actually talk to somebody so that person could actually make a phone call to the house. And I know the real estate companies have a point person in general, I would assume. Is that correct? Carl Eason: They do. Dee Oliver: Okay. Carl Eason: The signage is posted and the name and the phone number for the realty company that is managing. But the problem you have when there is a crisis or a difficult situation on going,and I wouldn't want to personally impose myself in a situation like that and I certainly don't want to be responsible or liable for the acts of an agent on my behalf. So, I really think that a 9-1-1 under those circumstances is more appropriate. Why would we need the 3-1-1? We're going to need a 3-1-1 when we say there is something rowdy or untoward going on that needs to be controlled and you want the other to take responsibility to control it. And I get that. That would happen in a perfect world. Unfortunately, we are not in a perfect world,and you may somebody that owns a place in Sandbridge that lives in Ohio, and who is that responsibility going to fall upon? We're going to wake Mr. Moffitt up at 2:00 a.m. and tell him to get on his junior police outfit and drive down there to my place? I just don't see that as a feasible practical solution. I think it is a good idea in concept. We should have responsible others, but when you try to take some of these things that are wonderful in theory, I put them into how will I put it into practice and how will I enforce that? You know there is one of the things that I thought about Ms. Oliver,was a fire alarm goes off at my house and it is a false alarm and I got a warning, and it sets off a second time and I get a significant warning,do you know what happens a third time? I get to meet Ms.Wilson on a misdemeanor because there is a history of creating that problem and if we have people that have ownership and these problem houses, and we record that through a 3-1-1 call or otherwise,at some point,you know. I don't know whether that is one,two,or three warnings,or what it is, but at some point that can be dealt with one a regulatory basis and we have the legal system in place to do that. It is a nuisance. It is a waste of public resources. You just can't keep doing that without punishment;take your rent money and collect it and don't care about the rest of the neighborhood. So, the enforcement again is the problem. Jan Rucinski: I believe that the 3-1-1 is not saying they are wanting that person to rush down there and solve the problem, but to have somebody who has a contact person to give guidance on should we call the police or is this something they can handle. We don't want the police called for trash left in the street or those kinds of things. Carl Eason: Of course not. I think, in my mind when I looked at the 3-1-1,to me that was the panic button.Something is going wrong. Because the is the first person that ought to come down and take care of it, be responsible, pick up the phone,call the time. But that doesn't happen often in reality because you don't necessarily know who is renting on that given 7 and 14 day period. Sandbridge knows that. They have contact numbers. So,again,it is a question of if you're not equipped to deal with something that potential violence or intoxicated people or stuff like that, I do think we do have to turn to public service. Jan Rucinskl: I think everybody is in agreement. I think everybody agrees with that. Carl Eason: I think you put innocent people on peril because you're confronting people that you don't have the skill level to do and you make him upon multiple intoxicated people.Sometimes they don't necessarily have the presence of mind to be reasonable.We have all observed that. Somebody may have participated in the absence of that.Are there any other questions? Bob Thornton: Thank you. Carl Eason: Thank you very much Jan Rucinsk: Our next speaker is Catherine Miller. Catherine Miller: Good afternoon. My name is Catherine Miller. I'm a resident of Virginia Beach. I would like to about very briefly about Alternative 2,which is the proposal that I think most effects this issue. I do think that distinguishing between house sharing and short term rental is a fair idea. Adequate parking onsite is important,and without this cars park illegally on the street or in somebody else's driveway. I have a house that has twelve bedrooms and is advertised as to sleep 38 people. A few weeks ago, 24 cars showed up to this house.They managed to squeeze and park 18 of them on the parking area which covers the front.That left six cars. I think renters need correct and accurate information about City Codes posted in the house so that everyone can see it, not just person who signed the contract. On the issue of more than seven days,week rentals. Most of the wild parties we were having occurred on the weekends when the house had been rented for a short period of time a week. Some people who own rental properties said we need this off season rental of less than a week. So I think the compromise of one rental in seven days is fair. We are talking about a house, not a hotel. The proposed maximum occupancy limitation is in line with the State Code and the State requirements. There are rental houses in the neighborhood that put six,eight or even nine people in one bedroom. I'm not sure. I heard it stated that this would be hard to enforce; however, if this site was reported in the homeowner or the investor could no longer advertise their home that way,then these online rentals could easily be checked. The contact person,the homeowner is also responsible for what goes on at their property. A great many of the houses in my neighborhood have owners that don't live in Virginia Beach,and there are also people in corporations who own two, three,four and five different houses. I'm not sure that they have any idea what's going on in their property. If they hire management or not, a 24-hour a contact person should be available. He or she's name is registered in the City and available to operator manning the 3-1-1 numbers. They wouldn't necessarily have to show up,they would just have to decide what needed to be done. The special events permit, in my opinion, is hard to enforce without official zoning personnel. Events available on weekends are required to three events per year was ignored around me and there is no way to check on it. I would like to see limits that are stricter. We have over 50 events in our neighborhood and at three sessions per house that is a lot of permits. Thank you and the City Staff for your work on the short term rental issue for the past two years. And thank you for considering Alternative 2. Bob Thornton: Any questions of Mrs. Miller? Jeff. Jeff Hodgson: For your specific case,the six cars that were not able to park on site,were they able to legally park somewhere, and where did they typically go? Catherine Miller: They parked in someone else's driveway. Jeff Hodgson: Were they allowed to park in those driveways or did they just pick them? Catherine Miller: It seemed to me they just picked because they picked one and then ended up being someone was staying there and they had to move and they just kind of went down to each house. Bob Thornton: Dave Redmond. Dave Redmond: So what neighborhood is that do you live in? Catherine Miller: Sandbridge. Dave Redmond: Okay. Thank you. Bob Thornton: Any other? Okay,thank you. Catherine Miller: Thank you. Jan Rucinski: Our next speaker is Doug Miller. Doug Miller: Good afternoon. I've seen some of you before at the Planning Commission Workshop. My name is Doug Miller. I am a resident of Virginia Beach as well. We started renting here in the early 80s for family vacation. And we loved it so much that we bought our first vacation home in the north end of Virginia Beach in 2004. In 2008,we moved here when we retired. As residents,we didn't have a problem with the rental community back then. We understood when we bought that rentals occur. About five years ago, it went from families renting for a week or more to busloads of people coming into party for the weekend, in particular at these huge event houses.The character of our neighborhood started changing for the worse.And for the past three years,we've been lobbying to bring it under control. It was a shock to us that the City has no regulations for short term rentals, and that the rental community was operating unchecked and with a little accountability. We've heard doom and gloom scenarios from the business community if these regulations are enacted. Their predictions are greatly exaggerated. For decades there have been short term rentals in Virginia Beach, investors and businesses thrived and residents appreciated the money that flowed into our community for sand replenishment and other infrastructure upgrades. Then the recession hit. Investor and property managers get desperate and start turning our ocean front neighborhoods into commercial zoning to keep their profits up. Unfortunately,when the economy returned,they continued to move toward more commercial activity and away from family vacations. They apparently don't care about destabilizing these neighborhoods and seem to view our homes as nothing more than cash-cows. We've heard about property rights, but you know what, my neighbor's property rights stopped when my property rights begin. That is why City ordinances were in place that outline that can and can't be done in residential communities to protect residents from abuses like we've been seeing it in the past few years. Investors and rental companies have complained that they won't make much money as they regulate. Every investment has risk. I don't think it's the City's job to guarantee your eternal investment. I recognize that short term rentals are here to stay. And even though we can't turn the clock back five years,we can't start regulating rentals so it protects our residents from further abuses. I appreciate the effort that the City has put in to this issue in the past two years, cumulating with the proposed regulations. I don't feel they went far enough, quite frankly, but I do see them as a good compromise between what the residents need and what the investors and business want. I endorse Alternative 2 as a fair proposal that lets long term investors continue to legally operate while giving the City the opportunity to control future short term rental growth in our neighborhoods.Thank you for your time. Bob Thornton: Any questions of Mr. Miller? Thank you sir. Doug Miller: Okay. Jan Rucinski:Our next speaker is Andrew Glowatsky. Did I say it badly? Andrew Glowatsky: Not too badly. Good afternoon. Officers of the Committee and members of the committee. Thank you for the opportunity to speak and your service in the community. My name is Andrew Glowatsky. My wife and I are new homeowners in Virginia Beach,and we participate in the short term rental vacation rental market. We enjoy the Virginia Beach community and people that we have met so far. I'm here to express my opinion and maybe offer some direction. Now have the Commission could advise the City Council and specifically I'm here to talk about Item 10 on the agenda. And it is item 14, page 3 and it is provision 12 of Alternative 3. So, on Alternative 3,where it talks about the number of sleeps per bedroom,we want to recommend three people per bedroom, plus two additional.We thought this was a little constraining the way it is currently written.And also I want to address what has already been previously spoken is the two reservations within a seven day period versus one reservation in a seven day period. Like I said, we are recent homeowners and we have been able to rent for a three day period and if somebody leaves on a Sunday and somebody comes back on a Friday. It is two different renters,then that would violate that provision of one within seven days. So that is why we are in favor of that alternative. We don't see any negative impact for those two changes in the provision. The other thing, like I said,we're new to the area so I'm not sure of economic impacts study was done to review the potential revenue loses with these provisions. I'm not only vacation owners but we are property owners as well, as small businesses and the growth of Virginia Beach. Often times,when time is taken to consider these recommendations, unintentional consequences are created at that time. We've had a positive experience so far this year, but in light of these changes,we think Alternative 3 with those modifications with those two provisions, looks like number 12 and number 10 in of item agenda 14, it says 14, page four. Bob Thornton: Thank you sir. Any other questions of Mr. Glowatsky? Jan Rucinski: Can you explain to me what you meant with regards to the occupancy? Andrew Glowatsky: Right. So the occupancy right now will leave us looking at two persons per room plus a total of four afterwards. So what we are seeing is three persons per room with a plus two after the total net times. Jan Rucinski: Three plus two. Bob Thornton: Three plus two. Andrew Glowatsky: Right. Jan Rucinski: Thank you. Bob Thornton: Are there any other questions? Thank you sir. Andrew Glowatsky: Alright,thank you. Jan Rucinski: Our next speaker is William Brown. William Brown: Good afternoon Mr.Chairman and members of the Planning Commission,and City Staff. My name is Doctor William Brown. I am a 32 year resident of Sandbridge Beach and a member of a city-wide group called"Protect Virginia Beach Neighborhoods." Notwithstanding what some may have you believe, we are not here today to take away property rights. We are here to balance property rights as one of the previous speakers said. People have the right to rent their house on short term basis; I agree with that. That is a property right. But the people that live there have a property right to enjoy their homes in a peaceful manner. One person is choosing to rent a short term and the other is choosing to live in as a resident. Establishing this balance,the City must be mindful that they are doing this to protect the public health, safety and welfare for all residential neighborhoods in Virginia Beach. There is a difference between these two uses of the home, and he City and State recognize that by the mere fact that they tax the short term rental of the home six percent sales tax,and an eight percent transient occupancy tax, but they don't tax people that live in their homes. And I think this distinction is very important when you talk about regulating short term rental use. These places that are used for short term rental use and the zoning code is called lodging places because,just like a hotel or motel, they pay the same tax they offer lodging for conversation than any transient. Alternative one does not treat residential neighborhoods equally. Is that an unfair advantage to people who want to do a short term rental and an overlay district compared to people who may want to do a short term rental? And not an overlay district. It is also unfair that people live in the overlay district,as their home are not given any chance to try to speak to the use of their neighborhood for this purpose. Alternative three is nothing more than the codification what is now illegal activity. It says that while have a business,either by rehabber or as we saw today a daycare center, needs to come and get a CUP and I didn't hear anybody that was against that. But for some reason, some people feel that the short term rental of the house,which is causing a lot of disruption, doesn't have to get one. Maximum occupancy,two per bedroom is based on the uniform building code. It is also what's being used all throughout the County and through the Commonwealth.There is no basis in fact that for three people per bedroom.They are just using that number,they are getting that number by finding out how many people they got in there now and then backing into the number to say,well, if we use three. It is a safety issue. If there is a problem in the house, then the more people you have more trouble you have, one letter of contract for seven days. Bob Thornton: Yes sir. Thank you. Wait a minute. William Brown: Do you have any questions? Bob Thornton: We may have some questions. Any questions for Dr. Brown? Ron. Ronald Ripley: I'll sponsor him if he could finish a couple of comments he was making. Bob Thornton: Sure. William Brown: Right. I think the maximum amount,the City needs to look at as it as a safety issue. The more people you have in the house,the more chance that you have a problem if there is a fire or some kind of problem. One contract for seven days that is already a compromise. The AD HOC Committee says there should be a seven day minimum rental. And, some of the realty companies said that the national average is four days for a rental contract. So,they said okay,you can do a rental contract for four days but you can only do one. This is going to help prevent this from a revolving door of rentals that are occurring in some of the neighborhoods. The Planning Commission has the historical precedent of tools granted to them by the General Assembly and the Comprehensive Plan to recommend an ordinance to protect the private property rights of all residents, not just those who choose to rent their houses on a short term basis. By striking more of a balance we may actually improve the residential neighborhoods. And that is the reason why some people do time and rent in these neighborhoods because they like the neighborhood atmosphere. I hope as the Comprehensive Plans states when referring to Sandbridge, many of the dwellings rented to visitors who prefer also quieter atmosphere than that at the Oceanfront resort. I don't'think we want to turn our residential neighborhoods into the resort area. Any questions? Thank you very much. Ronald Ripley: Can I ask a question? Bob Thornton: Yes, Ron. Ronald Ripley: You were in the meeting this morning, I believe,and heard us talking about parking relative to the number of bedrooms or size of bedrooms. I don't know what the common denominator, is for bedrooms, but do you have a feel for that how that might be approached? William Brown: Obviously,the number of cars you have has to be related to the number of people the maximum occupancy that you're going to allow. I do see that you can control the maximum occupancy. Someone earlier said that you can go online, and see if they are advertising the use for more than what the maximum is. So, I don't think that is a reason, I could come up with a maximum,and if it is a reason, then why would come up with three?Like I said, I've researched this pretty extensively throughout the country and I've never seen any community where they say three people per bedroom. Especially when the building code says that you should have a minimum of 50 square foot in a bedroom not in a house but a bedroom. Ronald Ripley: My question was more about parking and I guess it is related but my questions have you thought about parking? William Brown: Well,one thing I don't think about is parking,and I'm sorry. I do believe a part of the advertising and part of the rental contract how many parking spaces there are at any given house. I don't know what that number would be but certainly when people come down they know ahead of time. We know that we can only put ten cars on this lot. And the City has a definition of what a parking spot is. How many square feet and you can go out and check where you want people to park on your property and divide it out and found out how many spots you have. But I think that should be made not just say they all have to be on site, but actually say with each rental contractor each advertisement. This is the occupancy and this is the number of cars that are allowed. Bob Thornton: Jan Jan Rucinski: Are you saying that the occupancy should be two people per bedroom period? William Brown: No. Two people, plus four. And this has been all over the map.Some places are just few people per bedroom,some are two plus two,two plus four,two plus six. More than two people per bedroom is just not... There is no basis in fact for that. Jan Rucinski: Okay thank you. William Brown: Anybody else? Bob Thornton: Dee? Dee Oliver: So,you mentioned that you would prefer one rental per week versus two rentals? And just to sort of clarify, being the fact that even though live in a neighborhood, I grew upon the north end,and you live in the resort area.With my house growing up,they kicked us out in the summer. I guess with and that was easy back then because most people took a one week vacation but now you got families where both the husband and wife are working so they usually end up with not a full weeks'vacation. That is why I just curious that to be able to do two so that you can actually rent over the weekends. William Brown: Right now in Sandbridge,and correct me if I'm wrong, in the summer time going during the season they don't rent for less than seven days,despite the fact that you're saying that families can't take a seven day vacation. So in the slower season,they traditionally, I say most recently it starting renting on the three day basis like a long weekend. Dee Oliver:Just because of school. William brown: Right,and this compromise provides for that they can do the three day rental or four day rental we are talking about. Dee Oliver: But you only wanted it once a week,so that would eliminate. William Brown: It would change it from a hotel or motel. I guess you can say there is no restrictions and let them do it on a nightly basis. I'm sure there are some people who feel that way that you got a right to rent your home for as long as you want, maybe on a nightly basis. Maybe on an hourly basis. I don't know.You have to come up with something and this is already a compromise is what I'm saying. The minimum seven day renter is now,you can do less than a seven day rental you just can only do it one time, and you're only talking about, like you said in the slower season. Dee Oliver: In the slower season where they are looking to do the weekends to work around school schedule. William Brown: That is relatively new. I've been down there 32 years. We used to say that when Labor Day came,the tourists are gone. We didn't have people coming in and renting around us. Dee Oliver:Thank you. Bob Thornton: Are there any other questions? David. Dave Redmond: Mr. Chairman, I just want to note for the historical record that it was Mr. Brown that suggested rentals under the hourly basis. William Brown: Right. I am not suggesting that, but I did mention that and I will tell you why I mentioned it David. I looked up the new ordinance that was passed in Lexington,Virginia and it just passed in October. And they specifically say in there say that the minimum you can do has got to be a 24 hour period. Obviously someone must have thought of it. Dee Oliver: I think those are two different type of resorts rental destination versus somebody going to a beach and somebody going into a college. William Brown: It could be. Bob Thornton: Dave. Dave Redmond: Mr.Chairman, I would like to thank Mr. Brown for coming up to me for catching up to me. I appreciate that very much. William Brown:And thank you all for you time. Bob Thornton: Thank you. Jan Rucinski: Our next speaker is Donna Watson. Donna Watson: I always forget to move this. Is that okay? Mr.Chairman, members of the Planning Commission. My name is Donna Watson, and I am representing Protect VB Neighborhoods. We are a city wide organization and are concerned about the erosion of residential neighborhoods, and the health and safety issues caused by short term rentals. The City's Comprehensive plan's vision says that "Virginia Beach will be a City with five routine neighborhoods where all residents have the opportunity to obtain desirable safe and affordable housing and enjoy a high quality of life." People buy homes in neighborhoods with the expectation that they will be safe places to live,work, raise families and retire. Allowing a better and uncontrolled short rentals, which is a commercial activity,adversely affects the quality of life and the feeling of safety in your own home. for over two years,City appointed Committees and City staff have looked at this issue and have held more than a dozen hearings. They should be commended for being so thoughtful in their deliberations. Since short term rentals are not currently permitted by City Zoning Ordinance,and therefore are illegal use of houses in Virginia Beach, it is imperative that the City does something to qualify this issue. In our opinion Alternative 2 is a fair compromise that would allow those who currently renting their houses as short term rentals,to continue to do so. New short term rentals would have to get a Conditional Use Permit.This will let people know what's going on in their neighborhood. With the grandfathering provision,there would not be a flurry of CUPS, because those that are already doing it can continue to do so. Alternative 3 basically sets up an overlay for the entire City.This will drastically destabilize one of the best aspects of Virginia Beach,good neighborhoods.Our proposal recommends a maximum occupancy standard which will help to ensure the safety of these rentals. Currently, there are no other management companies that establishes how many people can sleep in a house.With full disclosure, my husband and I own a rental house in Sandbridge. The house is a short term rental when we purchased it and one our previous management company decided that we need more beds in the house. Without our knowledge of consent,they put in a three person bunk to increase the number of people that could sleep in the house. And get this,they charged us for it. They didn't even ask us. Until recently, we were unaware that there were any safety guidelines that we should follow. We assumed that our management company provided that kind of direction. The proposed regulations of two people per bedroom plus four is in keeping with so many universal established building standards and when it is considered reasonable in the Virginia Code, and HUD guidelines. Parking should be tied to occupancy and commercial tour buses,which are common houses,should not be an option. Many of the rentals in Sandbridge are over the reasonable occupancy requirements for proposed in the regulations. I gave you all copies of some of the examples. I hope that you all have a copy of them. Many of these houses have 12 to 14 more people than the common sense recommendations. When renting rentals,to one rental on a seven day period it will help ensure stability in the neighborhood. It is very unsettling to have a revolving door of people in the house next door. I only have two paragraphs. Is that okay? Bob Thornton:Go ahead. Donna Watson: We've been in a situation like that. Do you need to keep your doors locked at all times? Strangers also wreak havoc with such institution as neighborhood watch.Other people in rental are another crop of renters or is it someone who has broken into that house? We try,we require a contact person who is can respond in 30 minutes is essential. There is nothing more frustrating that calling one of the realty companies getting a recording or the maintenance person. Sadly,this still happens. Thank you for your time and attention on this important issue. I am sure you've heard from many businesses and investors the concerns of the residents of Virginia Beach to begin a great emphasis. After all, we are the ones who live in this community and call it home. Thank you. Bob Thornton:Any questions from Mrs.Watson? Thank you. Donna Watson: Thank you. Jan Rucinski: The next speaker has checked the opposed and support box is Robert Brendly Robert Brendly: Good afternoon everyone. I will try to be as short as I can. My name is Bob Brendly. I'm the owner of 321 Pikes Circle,and I rent there all year round. I am here to say that I want Alternative 3,which is the change in Provision 11 from two per bedroom to four. Make it from three to two,and here's why. I have a house that is 5,100 square feet. I have six bedrooms. Under the current provision, I would go from 21 to 16 people and I look at and say that I've had this house for seven years. About half of my renters are repeat renters. When they come next year,they know I have spaced for 21 people. They are not going to bring 16. So, nothing will change on that front as well.Also, if you look at the revenue, absolutely everyone will lose on this situation and you still have the same amount of people. They go to the website,they will see all the beds and everything there and they are going to have 21 people. Also, as an owner we have the option of changing the structure of our buildings. I have a garage. My builder came to me and said I could put a wall here and make a few more bedrooms. I have very large bedrooms. I can easily put a wall there and make it another two bedrooms. I can go from 21 to 26. So, I just want you to understand hey, I built this house. I'm not a rich man but I've worked hard and lot of that I've done myself and family members and this would be a serious loss of revenue on my case. Also, if you look at, I think Dr. Brown mentioned something about three nights, two night rentals. I've been there seven years and I don't think Sandbridge does. I never rented two nights. It's always been three nights. So, I think you can ask Sandbridge. I think it is actually in their contract in that regard. And, also I want to say from Provision 9, I would like to per week, I get a lot of people Labor Day Weekend, Memorial Day weekend that ends on Monday-Tuesday. I have people come in and say Wednesday-Thursday, I think we should continue that for those people as well. Bob Thornton: Are there any questions of Mr. Brandly? Don Donald Horsley: You said you got 21. How many people? Bob Brandly: 21,yes. Donald Horsley: How many parking spaces do you have? Bob Brandly: Well, I have three quarters of a lot. I have a football field. One parking from plan I had, I got a call saying there is all of this parking and I called my other neighbor and they said Bob,that's my church group. We're having a party for the church group. Normally I get four families. I have six or seven cars. My driveway can easily handle 10 or 12. Donald Horsley: So you got ample parking? Bob Brandley: Sure do. Bob Thornton: Are there any other questions? Thank you Mr. Brandly Jan Rucinski: The next speaker is Larry Hurvath. Larry Hurvath. Can you spell that? Jan Rucinski: H U RVAT H Larry Hurvath: That's me. Jan Rucinski: So, I obviously I really put you back there. Larry Hurvath: I am a resident of Baylake Pines. I'm a retired engineer. You guys have probably been in buildings that I designed and driven across bridges. Jan Rucinski: Sir, can you please state your name for the record? Larry Hurvath: Larry Hurvath, and I have the dubious honor of being the Chairman of the Baylake Pines Civic League Short Term Rental Action Committee. Let me make this quick. We, I think I've talked to a lot of you all,a couple of at least, I know and recognize. We voted on 20 October, at our heavily attended Civic League meeting. We don't want these things in our neighborhood. We bought into our neighborhood because we want to live among neighbors. We've developed long term relationships. This is why we live in Baylake Pines. And there are other neighborhoods like ours. I know that people live there because they want to live among their friends and neighbors and people who know them. We don't want a different group of strangers in our home and houses next to us,or across the street from us every weekend. We don't want that. So whether you pick Options 1, 2 or 3, please do whatever you can to keep our neighborhood the way they are. We like them. I wanted to answer a couple of the comments that were made, being an engineer. You can quantify anything. If you want to maintain the character of the neighborhoods, see what the average occupancy is in each house in the neighborhood and limit their short term rental to that. See what the typical number of cars in each house is and limit the short term rentals to that. Maintain the ambiance of the neighborhood,so it feels like a neighborhood. We think that Option 2 is the best option,and it brings some intelligence to this process. It brings professional judgment. You can take a look at Baylake Pines when somebody wants to turn or modify his house and loses out and wants to sell it to an investor. You all can look at it and says, hey there is no short term rentals anywhere near it. Let's disapprove this one. This is working wonderfully. The structure is in place. Let's keep it. Let's apply it because these things are more disruptive to our lives than a daycare center or a bar, I would think. As far as,the argument that I've heard that management requiring the 3-1-1 registration and setting up the 3-1-1. I think it is a great idea. It's an opportunity. I would rather start a company that manages and enforces a law about short term rentals. I think it is a great business opportunity to provide a management service. So I think the 3-1-1 idea is great requiring a 24/7 responsible party is great. I think that we need to have it. I think that's all. Bob Thornton: Are there any questions of Mr. Horvath. Jack? Jack Wall: What you say is the commensurate of Baylake Pines? I mean sort term rental. Larry Hurvath: We had one operating two summers and that was a horror story. There were parties and the fireworks and the cars along the road.We have a house that has been advertised next to mine on one of the online rental real estate. They say right here on their website. You could potential rent this house they are trying to sell, 5,333.00 per month by renting this entire home on your B& B. So,the real estate agents are moving into this and we've got more houses. We have a second house that has been fairly quiet. It's been short term rentals for the past two or three years,and its' strangers and we've been lucky that it hasn't. The people don't like it. The neighbors don't like it but they have been self-regulatory,they kind let it go on. We don't want it. It was unanimous at our civic league. We don't want these things on us. Bob Thornton: Any other questions for Mr. Hurvath? Thank you sir. Jan Rucinski: Okay,our next speaker is Larry Conner. Larry Conner: I appreciate you taking the time to listen to what we have to say. My name is Larry Conner. I live in Baylake Pines also. And, I attended your meeting earlier today and I kind of messed up my speech here.As Mr. Drescher pointed out,the North End and Sandbridge have always been short term rentals. People buy in other neighborhoods, like Baylake Pines or Lake Horn Estates or Bay Island, because they don't want that kind of traffic. For me Baylake Pines is zoned R-10,which means businesses cannot legally pop in that neighborhood. Because these short term rental are taxed as hotels,the City has defined them as businesses. So,for a STR to operate in my neighborhood would be the same thing as me moving out of my house and turning it into a surf shop or an auto shop.There is really no difference because you are still going to have the transient traffic.The purpose of zoning laws is to ensure a compatibility of adjacent properties and STR presents several incompatibilities with neighborhoods. First of all,as Mr. Hurvath pointed out, people live in these neighborhoods because they want to live in a safe place with neighbors they know and that would be relative familiarity of the neighborhoods. Many times these STRs are rented for a night or weekend for the sole purpose of partying. Whether it is a party weekend or not,the STR still presents the problem of increase traffic excess trash and general deterioration that usually accompanies non owner occupied property. And this brings us to the issue of safety. Transient guests are less inclined to care about the general welfare of the neighborhood and this includes problems out of control guests noise, late night disturbances, drunk drivers and increased speeding and parking issues. Those STRs are located in the neighborhoods. It can simply be assumed that there are children playing outside side, riding bikes,etc. So, in addition to the hazards of the residents of increase vehicular traffic is the problem ability of the occasional criminal type that or its clients or guests of clients. Yes,STRs are required to screen perspective clients for history of failure or a violent crime, but what about their guests? Property rights not only include how a property owners can use their property but also the owners how the use of that property affects the rights of other property owners. So,the bottom line is to us is preserving the integrity of the neighborhoods. You can basically STR can change the neighborhood into a business district. That is all that I have. Thank you. Dee Oliver: Thank you Mr. Conner. Does anybody have any questions for Mr. Conner? Thank you very much. Larry Conner: I would like to add that I heard you talking about that these were not the only three options you need to consider. I would suggest maybe a hybrid fourth or fifth option. Dee Oliver: Thank you. Jan Rucinski: Our next speaker is Dell Young. Dell Young: Happy holidays to everybody. My name is Dell young. I am a long time resident of Baylake Pines,one of the best neighborhoods in Virginia Beach. I would like to do a Mr. Eason, if I can,and ask those who are supporting to stand A lot of different color outfits. That's nice. Thank you. Let me begin by thanking you for volunteering your time and efforts towards helping us maintain the lifestyle here in one of the best cities. This has got to be a time of thankless voluntary position, especially when the direction of our residential areas at stake. We know that this entire world of short time rentals is being carefully watched here and throughout the state. What we do here is going to affect the rest of Virginia. We know that. It must be even tougher with so many of you having connections with the rental real estate market. Thank you,thank you,and thank you,for looking out for our neighborhoods. They are not places of business, but they are homes. They are not generators of money, but they are long term investments for us. We would not have bi-weekly or even weekly transient in our neighborhoods. But if we must allow them,at least let us know where they are. Alternative 2 requires a Conditional use Permit. Yes, it is another hoop for potential real estate investors to jump through. It is another form. It is another fee. It is more time,and we realize this involves some of your time as well,your valuable time. But,what it does is it lets the rest of the neighborhood know about posting these Conditional Use Permit signs where these things are. It lets us know. It educates us. We want to know what is happening in the neighborhood,and it shows us which property these things will occur at. It allows us to help monitor that property as well. Having someone on call for the duration of a short term rental also allows the neighbors some comfort,especially when visitors who have spent thousands of dollars for a fun time at the beach decide to shoot off fireworks, have an outdoor party or just do things that they probably wouldn't do at home but would certainly do at a rental. I think Mr. Eason, was the one who said that he doesn't want to come out in a junior police outfit at night at 2:30 to confront people that may be intoxicated. Neighbors don't want to do that either. Right now, we call 9-1-1. It takes time for 9-1-1 people to get there and look at these things. By the time the police get there, usually things have dissipated. So we have already been up at night during the time.The next night the same thing happens again and again and again,so there has to be something that occurs here that some punishment for people who actually allows these things to occur. What we ask you Commissioners to do is to recognize that bringing in short term rentals and pack hours single long term investment. Probably the largest that any of us will make. Most of us here. As a 35 year veteran of Virginia Beach Public Schools, I know as we all do that full disclosures support an education makes all of us better citizens. I want to thank you again for volunteering your time and efforts. Bob Thornton: Are there any questions of Mrs.Young? Dell Young: Ms.Young. Bob Thornton: Ms.Young.Sorry. Dell Young: Thank you. Bob Thornton: Thank you. Jan Rucinski: our next speaker is Kim Rigazzi Kim Rigazzi: good afternoon. I'm Kim Rigazzi. I've lived in Virginia Beach off and on since 1973, only leaving when the demands of my father's or my naval career required it. I graduated from Cox High School. My daughter is at Princess Anne and I have a son at Old Donation School. I'm heavily invested both financially and emotionally here in Virginia Beach. I moved here in 2007. I left a city for school, its recreation but because of its people. I live in Baylake Pines, a neighborhood of about 300 homes. We are a family neighborhood. Every day you see the neighbors out walking their dogs, speak with each other and you see the kids out playing. It is where a treasure about my life. How I learned however, that short term rentals are more accurately hotel businesses will be allowed. But there comes a certain noise,trash and transient issues. I have second thought about investing here. I don't want to live in a hotel district nor do any of my neighbors. That will change the tone of our neighborhood. As you heard, at our civic league meeting, we had a unanimous decision against short term rentals or against the overlay districts. However,we understand that hotel and businesses are forgotten conclusion in our neighborhoods. And we have to find ways to mitigate the effects. At a minimum, I advocate that if an investor wishes to open a hotel like business in my neighborhood,or in any neighborhood in the City, they should be required to obtain a Conditional Use Permit,just like if any of us who wish to want to advertise their investment would. If I wanted to open a daycare,a museum or a kennel, I would be required to get a Conditional Use Permit for the Virginia Beach Zoning Code. I see no reason why a hotel like this should be treated differently. We would like to see more than one rental per a seven day period. This will limit the number of transients in our neighborhood and I see the change in dynamics of a hotel like this would mean for our neighborhood. There should be occupancy limits. There should be parking limits which need to be addressed in the Conditional Use Permit. A 24 hour number for a manager/owner should be posted in a location, available to the neighbors in case there is an emergency or problem. The caller should receive a response, not necessarily in person,a phone call would be sufficient within 30 minutes. Someone would appear if we had complaint in any other hotel. I do understand the right of an owner wanting to advertise their investment, but, I and my neighbors,also the right to safety and enjoyment of our home and neighborhood. These rules are hardly onerous but instead lend themselves to their harmony and are not keeping with the standards relevant to other businesses that might operate in neighborhoods like ours. Thank you very much for your attention. Bob Thornton: Questions for Ms. Rigazzi? Thank you Kim Rigazzi: Thank you. Jan Rucinski: Our next speaker is Patrick Keenov. Patrick Keenov: I would like to thank the members of the Commission. I am Pat Keenov. I am the President of Siebert Realty in Sandbridge. I would like to thank the members of the Commission for discussion this topic. I know this is kind of an important one, and I would like to point out that my family business has been short term rentals in Sandbridge for approximately 50 years now. For 25 of those 50 plus years,we had done short term rentals, meaning less than seven days. We have advertised and accommodated three night rentals for nearly 25 of those 50 years. So, it is not necessarily a new thing. I would like to point out in general,that we do support Alternative 3,with modifications,similar to what Sandbridge Realty had pointed out. And not to belabor the point too long, I will just be brief that we support two reservations per seven day period as opposed to one reservation.We would also be willing to accept a minimum three night rental as an alternative to the number of reservations in a term. We would also support three people per bedroom, plus two limitations as opposed to two people per bedroom plus four. I would like to point out that the average number of bedrooms and properties that we mange is five. So,the number of people that would be different in house two plans would be a total of three. Three additional people would be allowed in a five bedroom average house under the three people per bedroom plus two number as compared to the two people per bedroom plus four. That is a tongue twister. In general that is what we would like to support as Alternative 3 with simple modifications. Bob Thornton: Are there any questions for Mr. Keenov? David David Weiner: I'm sure you inspect the homes you all rental. Do you consider parking just to make sure there is sufficient parking? That seems to be the big topic. Patrick Keenov: Well,we don't have anything advertised number of parking spaces. The parking is fairly easy evident.You can drive by and see the number of parking spaces.When we are made aware of somebody parking,we certainly investigate. David Weiner: Okay. That was my question. Bob Thornton: Ron. Ronald Ripley: I think I saw some correspondence about the size of the signs. Patrick Keenov: I get out there. It is completely self-serving and that particular request is a request to have the signage set a 2'x 2'as oppose to the 1'x 1'that was proposed simply that would grandfather in all the existing property management signs to be used in Sandbridge. Again,that is appearing a self- serving thing and I felt like it wasn't necessary to be reported. Ronald Ripley: Well,would you favor a phase-in of that? Patrick Keenov: Absolutely, indeed, it would certainly lighten the pinch as far as the cost to implement that change. Ronald Ripley: I see your trucks in the neighborhood all the time moving around and whatever, and lot of times I see you actually pull trash cans out and put them back. Tell us how that works. Patrick Keenov: In deed,as gentleman indicated, we do orchestrate a private trash collection during the summer time. It is 19 weeks in the summer time where we have trash collected on Saturday. We do ask that the guests and or the cleaners accommodate the movement of the cans to and from the street but when that doesn't happen,as it should,we will step in and put the cans where they belong. We do allow for time for that to actually happen without having to kick in because I manage 350 homes. I have five other techs in the field typically that will take a little while to move that number of cans but we will consistently and steadily impress it. Ronald Ripley: The City did, I think someone on staff,did a pretty good detail breakdown of the number of bedrooms, baths, occupancy, occupancy per bedroom. They did it actually off of Sandbridge,and I would like to see Siebert provide the same information or help the City in some way get this information. Is it very helpful to the term of the average? Patrick Keenov: I would be more than happy to provide the information. All that information is always available on my website. It is up to date to the moment. Houses come on and come off and we would have to regulatory report to the City what goes on. Ronald Ripley: I would think that would be something that would be very helpful to this group in making decisions on parking or the number of bedrooms. Patrick Keenov: Yes sir. Ronald Ripley: Okay. Bob Thornton: Jeff. Jeff Hodgson: How do you bill out advertising on your website how many parking spaces there are? Patrick Keenov: I would have no problems with that and that was part of Alternative 3, it would have parking all on site. Jeff Hodgson: You would advertise how many would sleep. You can say how many cars. Patrick Keenov: It would be helpful if the City would define the size of the space, simply because an F- 150 takes more space than a mini-cooper and, but we would like a definition of that for sure. Bob Thornton: I've got one question for you. You said you manage 350 houses. Patrick Keenov: Approximately. Bob Thornton: If you had to just give us an executive summary,what is your biggest problem you deal with in the summer time? Patrick Keenov: Well, I don't want to get into particulars about individual properties because most often it will be a specific property type issue. It rarely can be defined as an assented problem that we have. I have heard the complaints about noise, parking and trash for a number of years and I have asked the City to give me some statistics on that and there typically isn't much in realms of statistics because there is not much in the realm of complaints that get made to the City for that type of activity. Occasionally, I'll get a call from the owner saying the folks next door,they got a garage band going on and that is not cool. And we will go down and address it. Absolutely. It is not necessarily a party going on except the event homes can be problematic and I would certainly encourage the City to tag that process. But we are more concerned about what the impacts would be to the short term rentals and the overall investments made by a large number of people in the City that has been encouraged by the City for a number of decades. And we would encourage that the City be careful how they move forward with addressing that and regulating that so that the impact can be mild. Bob Thornton: Any other questions? Thank you. Patrick Keenov: Thanks. Jan Rucinski: Our next speaker Joan Davis. Joan Davis: Good afternoon Commissioners. My name is Joan Davis and I am 42 resident of Sandbridge. I'm past president of Sand bridge Civic League, for the past 7 years. I am on the volunteer rescue squad for 30 years. I hear concerns from other residents of Sandbridge. I'm sure you are aware that Sandbridge is unique. We are not like any other community in Virginia Beach. We have had weekly and daily rentals for over 50 years. We are not solely a residential neighborhood. We are unlike Baylake Pines, like they were discussion earlier. In fact, most people kind of move here from coming down for a short term rental. What began this journey over two years ago was addressing concerns regarding event homes. The proposal in front of you today barely deals with these events but is now we look into restricting how we rent our homes. This proposes only restrictions on our personal property rights. I was reading about non-conforming uses sanction and taxed by governing authority for years the right to continue to the same has been created. Sandbridge Rentals predate the city's CZO. Sandbridge short term rentals were allowed by Princess Anne District and continue after the merge of the City of Virginia Beach. Millions of dollars had been paid on the Sandbridge Road house system. Real Estate taxes, hotel, motel taxes,sand taxes,flat taxes,service district taxes and the tenants creed for nomos fenos on tax dollars. We at the stage of the game,we just don't like extra restrictions places on us, and we feel like we are kind of singled out as our little 5 mile stretch of beach. When you start looking at the 1400 STRs that you are speaking of,we are half of that. So,you're actually singling out a five mile stretch of beach when there is 450 some thousand citizens in Virginia Beach now.We are truly being singled out of this little section. And I would like to ask one more time all those that are opposed to additional restrictions on Sandbridge or in general of the City, please stand up. If you're in the back please raise your hand. I have hundreds of emails that you would love to see but you might have seen hundreds. I really want to thank you for your time in addressing this issue. If you have any questions? Bob Thornton: We might.Jan. Jan Rucinski: I have a question.So,you're not opposed to short term rentals,you're opposed to the ordinance. Joan Davis: I am. I'm not opposed to short term rentals because we've had them forever. That is why I moved to Sandbridge and why I love where I live. I love the tourists coming in and out during the season. I love all their day trippers that come in and out. I moved there for a reason. I knew where I moved when I've moved there. I knew it was a visitor community and that was going to happen when I got there. Jan Rucinski: So,you are not in favor of any alternative but you want short term rentals? Jon Davis: I really don't have that option, I'm sure. Because we get 1, 2 or 3. We weren't given D, none of the above,so with that being said that if we have options to consider there are some that we are considering that some people have already spoke about. Jan Rucinski: Okay. I just want to make sure of your understanding because you marked that you were opposed but you're just opposed to the form that existing. Joan Davis: I'm opposed to all the ordinances, 1,2 & 3 as they are presented. There could be some changes in them that would make it more reasonable for us to deal with. Karen Kwasny: Can I ask a question? Bob Thornton: Sure. Karen Kwasny: So, if we were to come to some conclusions on an Alternative 4,and would you then wish to have some input into that or review of that? Joan Davis: I really don't think and they said had plenty of public forums. Yeah,we had public forums on the Beaches and Waterways and all the ADHOC committees,and we had all kinds of things, but we have not as of yet had a public hearing except today on short term rental proposal that has just been presented in November. Over a holiday weekend, when many people are not available to attend and then not only attend,then were going to have it immediately on the first of the year, City Council is going to be voting on this. I think that such a strong issue that we need additional time to deal with this. Karen Kwasny: So there is opportunity for compromise. Joan Davis:yes,correct. Karen Kwasny: So some additional vetting that you feel would be applicable. Bob Thornton: Other questions? Don? Donald Horsley: You mentioned something about the event homes.What's you're feeling on those? Joan Davis: That is the reason why we started this whole thing to begin with and it got like it is. It is like I said, it warped from dealing with just event homes,which we bought with some type of restriction on making sure that people park in the correct places,and that we have how many people come to the house,and if they need a permit. Instead, it has just gone to taking away some of our property rights, which I think is way out there. Everything is different. If you look at your little red dot list that you have, it shows the big red dots,that is only a couple of hundred actually short term rentals where you start counting those red dots but it looks like we are infected with these and we're not. Donald Horsley: If you think some of the regulations were put on the event homes to prevent some the problems they have. Joan Davis: But if it is correctly done. Donald Horsley:You would happy with that. Joan David: I think there needs to be some kind of regulation. If you want to know the truth there are not many event homes in Sandbridge. Donald Horsley: A while ago you said there were 50 in our area. Joan Davis: Who did? Donald Horsley: I don't know but somebody did. Joan Davis: I think you better get all the realty companies back up here because I don't think those is correct. We think it is close to correct because I don't think Siebert has about 21 and Sandbridge Realty has also the 20s also. That is about it. That is not 50. Donald Horsley: Okay,thank you. Dee Oliver: Your main issue is with the event homes and having impacted into Sandbridge and Air B& B is not really an issue in Sandbridge. It is just in basically Baylake Pines is the one and some of these other parts that don't have this sort of turnover that is basically off the beach are impacted by the Air B & B online. Joan Davis: Right. And if you look at your list,40 percent of those are Air B&B on the little red dot, which means we're total different than any area in Virginia Beach and always have been. I would like for you to take that into consideration. Bob Thornton: Any other questions? Thank you. Joan Davis: Thank you very much for you time. Jan Rucinski: Sarah Houck. It is really challenging my ability to pronunciations. Sarah Houck: I'm Sarah Houck. I live in Chesapeake Beach. I lived there for 52 years and just to state the record,Chesapeake Beach does not want to event homes or short term rentals. We are a military area, 15 maybe long term residents and we go to our civic league meeting and we do not want these things. But we know they are here and we know we are going to have put up with it, so,we are going for Alternative 2 because we feel like it is a compromise between neighborhoods and homeowners who wish to run a business in our neighborhood. Proposal 2 call for a CUP, maximum occupancy of two per room with four extras,quality insurance upon rental for the week and a contact person to be close at hand. Anyone that wants to set up a business in a neighborhood must get a CUP. That should apply to short term rentals in neighborhoods also. If someone wants to use their house for a business and they must understand that their businesses can totally change the quality and atmosphere of that neighborhood. Therefore that homeowner needs to realize this,take their business very seriously. This CUP requirements makes the homeowner accountable for the business. The occupancy standards that are proposed to per room follow the State code. This is for safety reasons for the renters and the neighbors. The proposed insurance clause is just a common sense. Proposal rule for one rental per week is so important for keeping harmony with the neighbors. More than one rental a week will surely affect the neighbors stress level. I have experienced this,so, please don't do that to us. Money for a homeowner should not outweigh the needs of the neighborhood. The other thing that other proposals call for is a contact person,and this makes homeowners accountable. Bob Thornton: Thank you. Are there any questions of Ms. Houck? Thank you. Jan Rucinski: Our next speaker is Lee Krumbein. Lee Krumbein: I have some pictures so you can see exactly what I am talking about. Jan Rucinski: Can you hand them to Marchelle. Lee Krumbein: Can you see what I'm talking about? Jan Rucinski: Yeah Lee Krumbein: It will help. Jan Rucinski:Thank you. Lee Krumbein: So, hi, I'm Lee Krumbein. And I want to thank you guys for your service. I have been here a long time. This is important work. And in front of you,you have a package and a letter to express my great concern about the short term rental ordinances. I own 25 homes on Sandfiddler Road. I'm one of these large homes. In 2010,we had 32 rentals signed up as of this December. For those 32 rentals, 15 of them are over 24 people. This is a 10 bedroom, 10,000 square foot home. It is a beautiful oceanfront home that comfortably holds 36 people. Under the two sleep proposal,you would only allow to have us 24 people. We had two very large bunkbed rooms,and those bunk bed rooms you can sleep eight kids each.We have large double queen rooms, where a mom and dad and two kids can sleep, a pullout sofa, day-beds. We have 12 full bathrooms,so, my wife and I said we'll retire here if we can still afford it now because of this, one day. If you pass this ordinance with two sleeps plus four,we will lose 15 or 32 homes, almost half of rental income. And there are hundreds of houses that would be negatively affected if you do pas this two sleep rental rule. My home was built in 2015. It rents well. And,we only make 6%cash on cash. If you have a mortgage,you make a lot less than that. We would never built this house with this two sleep ordinance on the books. It would be such a money loser that I could have never gotten a mortgage by income. If we lose those 15 rentals, we would have to sell our house and we did sell it at a loss. We tore down a dilapidated house that was not kept up. There was an eye sore on Sandfiddler Road. It was unkept,and a place vagrants broke into from time to time to party at night. There is a picture of it underneath. The house we built has an indoor pool and outdoor pool.There is a theatre room and exercise room. It comfortably seats 35 people in the kitchen and many more amenities. And I think that I understand what the people are doing while thy want their little sleepy community back, but this is a wonderful addition to Sandbridge. We built this home after staying in Sandbridge five years in a row with my extended family. And, we had 32 people each. We would have never come to Sandbridge to rent a house if we were going to do this. I'm almost done. So, it supports a lot of people.We hire a lot of people all year long and the people that come visit us, hire and they will spend all of their money all over town and all of those people income they are going to drop because this is going to affect everybody some. We pay 25,000 a year in taxes. One extra policeman on Sandfiddler Road would solve a lot of the resident's problems, all legitimate issues. That is all it would take. Everybody knows this. You're going to adjust by making these regulations to fix their issues,you can fix it easy. One person,one policeman would do this. I'm not a Johnny Come Lately here. My family has owned property in Virginia Beach since the 1930s. We've been vacationing,me and my extended family and once on 58"Street for more than 75 years,and we love Virginia Beach, and we deiced to invest our hard earned life savings here instead of in the stock market or real estate investments and vacation in a small America are seeing what we saw. I see what my grandfather saw in 1938 when he built his first house here on 58"Street. If you feel like you have to act, please allow three sleeps per bedroom plus two instead of two sleeps per bedroom plus four. Please don't recommend this as two sleeps per bedroom. It will hurt so many more people than you would help if you do that. Thank you. Bob Thornton: Thank you. Any questions for Mr. Krumbein? Jack. Jack Wall: How do you address parking? Lee Krumbein: I didn't address parking. Our house easily can do 15 cars. We made it that way, which is plenty for our people.Those people you see in there. They came from Michigan. That's the kind of people that rent our house. He is not a guy who is going to burn the house. We don't want anybody else does. Bob Thornton: David. David Weiner: Do you use a real company or do you rent it yourself? Lee Krumbein: I use Sandbridge Realty. David Weiner: Okay. Bob Thornton: Any other questions? Thank you. Jan Rucinski: Our next speaker is Mary Givevendulis Mary Givevendulis: Mr. Chairman, Planning Commission and staff members. My name is Mary Givevendulis and my husband and I have lived in Sandbridge for over 30 years and we stay there for the future of our community. I have participated in most public hearings and the past two years concerning short term rentals,and I appreciate the efforts of Beaches and Waterways Commission and the ADHOC Committee to make the recommendations to the City Council, and the City staff in providing the alternatives before you today. The City's vision in accordance to the comprehensive Plan to maintain a high quality of life is being questioned by citizens where existing zoning ordinances ae not being enforced concerning short term rentals. Sandbridge is zoned residential. In the past during these meetings, I have heard time and time again that toothpaste is out of the tube. Granted, but we have to find the best solution to coexist with these rental platforms. The status quo has proven to be disruptive and destabilizing for our residential communities.Therefore, it is not a question of politics or us versus them, but it is a question of protecting the sanity of the residential environment. No one is going to want to live at any location throughout Virginia if these short term rentals are not properly managed. We all know that. These concerns are resonating throughout the whole City and not just the beach front communities. Alternative 2 is a fair compromise that ensures the citizens of Virginia Beach they have a voice and participating in the future of this short term rentals,and allowing for people who are currently renting their houses to continue to do so. Alternative 2 also protects the neighborhoods from multiple short term rentals in a seven day period, it only provides one rental per seven days which protects and controls the neighborhoods from multiple short term rentals and a seven day period, it provided only one rental per even days,which protects and controls the neighborhoods from having a revolving door in the house next door.Alternative 2 provides for health and safety requirements and is consistent with the Virginia Uniform State Wide Building Code. These codes used the size of the bedrooms to establish a maximum occupancy from occurring a maximum of two people per bedroom plus four will make it easier to determine how many people can safely sleep in a short term rental. It also addresses the importance of posting City Ordinances and each registered short term rental to educate and inform rentals of the City's ordinances especially if further action sis needed and violations and reported to the City established 3-1-1. I have just one more paragraph. The requirement for the owner or agent to respond within 30 minutes for what's logical is the upmost importance. This will guarantee the responsive owner an agent to emphasize and enforce these ordinances to their renters from occurring when possible. The outcome will be a positive for our neighborhood. In summary,we must not limit ourselves to the particular, but look at the big picture and compromise and Alternative 2 assure its citizens throughout Virginia Beach to have a voice and to coexist with short term rentals. Bob Thornton: Does anybody have any questions? Mary Givenendulis: I'll be happy to do the questions on parking. I live there. I live on the oceanfront. I see it all the time and I'll be happy to answer any questions. Bob Thornton: No questions. Thank you. Jan Rucinski: Kathy Damon Kathy Damon: Hi, I am Kathy Damon and I live in Chesapeake Beach. I have stated in the Air B& B's, it is a nice experience. But I think that the main focus needs to be decency treating each other well. Like where you would want live. The house you would want next to you.The gentleman from the realty company who scheduled his own management pick up of trash.That is great thing and obviously he is aware of that is an issue. The parking is an issue. The noise is an issue. Any illegal acts have to go to the police. I don't think it is something that the gentleman who was being facetious about trying to go somewhere in the middle of the night. If there is an illegal activity, it needs to be addressed by the police. But any other thing needs to be addressed by a property management company or person. I worked in a hotel for many years. That's the type of arrangement that it is. You have a management team. They take care of it. It can't be taken care that way,then it gets taken care of the next level up, and just like the statement has been made about property rights, we as residents have property rights. The people who want to rent their homes have property rights. You all have rights and obligations to us as citizens,and you also have obligations to the City Council to recommend,so I think,that we all have to be serious here and treat each other well. Bob Thornton: Thank you Ms. Damon. Any there any questions for Mrs. Damon? Thank you. Jan Rucinski: So, are you in favor of any of these options,or are you in favor of a hybrid option or none at all? Kathy Damon: I was pleased to hear that the three options were not the only ones and obviously we are in the middle of a huge project here, so if there is time to create another option based on what you've heard and case what makes sense to us as human beings toward each other, I think we need to work on it a little more. Bob Thornton: Thank you. Jan Rucinski: Our next speaker is Jim Reeve. Jim Reeve: Good afternoon. Thank you for having us today. My name is Jim Reeve and I am here today as the acting current president of the Sandbridge Beach Business Association. I am the owner of two businesses in Sandbridge. I am the homeowner in Sandbridge that homes used both for extended family vacation home and for rental purposes. That home is currently on the market but it is currently owned by us and we do continue to rent it. We've heard a lot today. I'm also here as a past Council member. I sat in that seat for four years as the Princess Anne District,and I know sometimes you guys and we get blind side by issues. You don't think there is going to be that big of an issue,and all of sudden something out of hornets' nest gets spun up,and a what is the problem and how do we fix it? As Commissioners, as Council members,we want to fix problems. As a business association,we understand that rules and regulations need to be put in place to level the playing field. The Sandbridge Homeowners have been paying their taxes for 50 years. We are the only community, I know in this country that has self-funded their beach sand replenishment. That's been done because the real estate appraisal values have gone up because the Sandbridge resort community, but we all a resort community. Neighbors live next to rental houses. And there can be conflict sometimes. This issue really started to come to light about three years ago when the event houses came on line.At that time, I kept quiet out of conflict of interest. One of my businesses is the Baha Restaurant. I'm in B-4 zoned property. I host weddings. I host wakes, memorials. I host everything. I'm held to the standards of a business. I have to have ample aid bathrooms, I have to have ample parking. I have ample fire exits.That is okay. The event houses got a little head of themselves. Some houses would rent time and time and time again. I wouldn't want to live next to that house. I don't think anybody would want to live next to that house. That is why you saw the last few years the real estate companies realized what was happening and they voluntarily pulled back. There wasn't any City rule that made them pull back. They pulled back to try and be good neighbors. I think what you heard from Seibert and Sand bridge and the other real estate companies, they understand to operate in Sandbridge.We have to be a good neighbor.A lot of people concerned,who is going to be renting this house. What is their background check going to say? Today, in my home I rent and own, I can have a party tonight. I could have a party tomorrow night. I can invite 200 of my best and unknown friends. You can't do anything about this. These rules and regulations are not going to fix people conduct. It is up to people being good stewards. I believe the real estate companies have done that in the past. Did you look statistically at cost of service in Sandbridge. They are extremely low. Much lower than the Oceanfront. Much lower than a lot of parts for Virginia Beach. Are they problems sometimes?Yes there is. I believe the community activists that are in there that run these properties want the best for the community. They live there. There investments are there. Their families come there. From a business perspective, I support these families. I support the people who come from Michigan from Ohio,Chesapeake, on a weekly basis,and a three day basis. I understand that I am out. If you would allow me a few more minutes. Donald Horsley: I'll allow me a few more minutes. Jim Reeve: Thank you sir. My finer point is starting to drive a wedge toward Sandbridge and many of you know that members of our Council raised some big issues that put wedges in Sandbridge. I support meaningful realistic regulations much like that have been put into place for Option 3. We do think three per bedroom is more sufficient based on the current homes. We do think that two rental periods per week is adequate. I do most of my weddings in the slower seasons. It is a great place.The City for many years boasted Sandbridge as a place to come for a destination wedding. And only because there were a certain amount of event homes for which some of them are going off line, because they realize they are truly just investment owners. They just want to turn and burn. We don't want that in Sandbridge. I've been coming to Sandbridge since the 70s. Many people have been coming here as long if not longer. We've run into this. There is going to be some growing pains. I believe we work constructively to find a solution that meets of the people's request. There are some people are not going to be happy. We already know that. We have to listen to them. We have to be respectful. We have to make sure we put in regulations that are not over bearing. I'm concerned some of these regulations? What's next? Are you going to start telling homeowners you're not going to be able to have parties? Some of the worse safety incidences that we've had in Sandbridge. One of the businesses opens at 9:00 am.The other business closes at 2:00 a.m. I am literally in and out of that beach 24 hours a day. I know what's going on. I am at the very south end of Sandbridge, so I visit the entire beach. It is not as bad as you may hear that it is. We've had situations. The worse part of last year that include gun fire was a homeowner's grandson that came into the house, had a house party, it got out on the web,and it was a free for all. That's a safety issue.That's a police issue. That is not because he rented it to the wrong people from Michigan. So,please present these four to the Council, please be aware that we want to be kind to everyone's concerns. We don't'want to be overbearing and would put in place these new regulations just lay on top of the next one over. We don't want to go back and review where are we now and having to constrict ourselves potentially. Sandbridge is a very much a tax positive community. We want to keep it that way. We want to keep it for families. As we started a group recently,Sandbridge should be for everyone. Thank you very much. Bob Thornton: Are there any questions of Mr. reeve? Thank you. Mike Inman: Having all the experience you have in Sandbridge, how do you think trash and parking should be handled by a management company or individual? Jim Reeve: I think right now because I do run a house that is managed through Siebert. Sandbridge pays for a second pick upon Saturdays. I don't see lot of trash issues. In fact,one of my issues as the Siebert is going to petition to get the blue and tan cans out on the walkway so it has less trash on the beach. We did that as a volunteer basis. Now,according to the City, we are the first beach side recycling in the entire City. We started that in Sandbridge. I personally don't see trash as an issue. I've seen this situation where the can out and it's a windy night, it blows over. There is an issue. I think Sandbridge and Siebert Realty and other companies always want to make amends to clean up if there is a problem. No one wants a bad looking neighborhood parking can be an issue. I believe parking should be required on site.There are times tour buses that come into Sandbridge. It is not a routine basis. It is disruptive when you drive down the street and you see a big motor coach parked in front of the house, it doesn't feel like the family environment,which is what Sandbridge is. So I think there should be regulations about parking but fort the most part, I think it has been taking care of itself. Because once again,these sort of houses are problems as it was mentioned earlier. It should be made aware to the management company, More importantly the owner should know to make his or her home is being managed the way it want to and still be a good neighbor. Because we talked about who is going to renting this house next to me? Who is going to buy the house next to you? You can't pick a family and you can't pick their neighbors sometimes. It is always about trying to do what's right. I believe the professional companies that are in Sandbridge are trying to do the right thing. I think the event houses did get a little ahead or a little extreme because they were so popular so quick,and being in the City, if you look back at marketing, we actively sold Sandbridge as a resort designation. Once again, I have a conflict of interest. I can say get away event houses that would make the Baha a more reasonable spot to come. It is fair and reasonable use for your property and it is being a good neighbor. I think trash is being dealt with and I thin parking should be addressed. I think, based on the size of the house,you should you can park those number of cars on the property. Mike Inman: If you do one wedding a day,you have more than that? Jim Reeve: I can do more than that but if I dealt with the bride,they deserve all your attention for that one day. It is their day. Bob Thornton: Are there any more questions for Mr. Reeve. Jim Reeve: Thank a lot for your time. Bob Thornton: Before we proceed the Secretary has informed me that we just hit a half way point on speakers.So, I would like to suggest that we take about five minutes, stand up and stretch. We will probably take about 5 minutes. Be back in here because we are going to start in five minutes. Bob thronton: everybody seated? Madam Secretary would you call the next speaker? Jan Rucinski: The next speaker is Andrew Roper. Bob Thornton: And we really appreciate you all taking your time to come today. Unless you're about to speak on something you've heard one two or three times, if you could give us a little bit of an executive summary because quite literally we have as many people left to speak as we had speak. So,we're just trying to keep our eye on the clock. Thank you sir for coming. Andrew Roper: Thank you. Good afternoon Mr.Chairman and members of the Commission and city staff. My name is Andrew Roper and I am the current president for the Sandbridge Beach Civic League. I'm here today to address the recently submitted short term rental ordinance for local that the City staff created in response to our community's request for some assistance for excessive activities in some rental properties that has been referred as event homes. Since we brought this item to the attention of City Council,we have seen efforts by other members of our community to take your time issue and to inflate it to include all short term rentals in an attempt to act regulations to cite any growth or continuation of this real estate activity.This latest ordinance proposal is just such an offering to the liking. While this group of citizens would publically claim they are not against short term rentals privately this is their mantra. Our only official position on event homes was to ask the City to enact some sort of preventing process that would enable some accountability from the owner,the realty representatives and the renters. It was explain to us that there were no current ordinances surrounding short term rental activities, and that is a state needs to get involved before the City could do anything. Now, here we are discussing this latest piece of paper legislation. What is being considered is a far cry than what we asked for. The City will claim that this ordinance addresses all the issues that they have heard from the public. Sure, if you hand 53 new persons who are against short term rentals,and you task them with hold hearings for the public that occurs in the middle of the day,and you hear from and see the same faces saying the same things you seem to be cheering,then I would imagine that anyone would like to come to one conclusion. The short term rentals are the worse activities that the City has ever allowed to occur.They would have you believe that there are constant noise disturbances,that property is being destroyed, neighborhood are being decimated.They would have you believe that these renters have no respect for the community to which they are staying and no regard for the people around them. Well if that is the case,then why do people keep coming back? Why do vacationers eventually buy and move here? Why is there continuing investment in this community if everything is so terrible? As the largest and most active civic league, nearly representing nearly 1217 homes in Sandbridge,our community is one that would be impacted most by this legislation. Since we provide nearly 17%of the City's revenue taxes,wouldn't' it seem prudent to get opinion from this community? Our civic leagues procedural rules don't allow us enough time to properly and deliberate this problematic legislation. At the earliest,we would have a position on this matte in the middle of March. There are so many things to consider with this legislation how far we should implication that we believe had to be realized or even discussed. We need to discuss the monumental contract limitation. The maximum occupancy limitation? What we are calling three strikes and you're out rule,the need for liability insurance and a requirement that the owner be able to be responsive to citizen complaints. We have many questions surrounding these issues. For example, has the City intented on stifling business with intent on seeing individuals and businesses lose money? Does the City want to see is a revenue tree decrease? If not,why then does one contract for seven day limitation. Why not two instead? That would be more flexible while still controlling the revolving concerns of the city. As a president of a civic league is it ten minutes? Bob Thornton: You are a civic league president? Andrew Roper: Yes sir. So, how would maximum occupancy be enforced? What would happen in terms of a violation? What's the real purpose of this? Our estimation is this will only deter families from gathering together to enjoy each other's company under one roof. Again,the city will lose revenue. Are we really expecting ordinary citizens to become enforcers of the law and put themselves potentially in to harm's way to address a criminal complaint? It is one thing to ask them to address parking or trash but it is something entirely to ask someone to step into a situation that could quickly escalate out of control. We have law enforcement for a reason,to enforce the law. Citizens should obey the law and the police and courts and the police and courts are there to enforce it. And if someone wants to assume risk when renting their property and doesn't want the extra cost of additional insurance,should that be their right. After all,this is the biggest complaint about the affordable care act and we see this legislation right and boxed up with the same meaning to buy insurance. The county didn't like it then and we don't' like it now. And most importantly,the three strike three and you're out rule. Would violations turn out? Would there be a review or an appeals process should anyone get their registration revoked? Will said restrictions require the property in perpetuity or would it revert with ownership or management? Even state agency knows that the DMV is more lenient with respect to keeping or reinstating your license and people keep dying in cars.These are all valid questions. And this is only the beginning. We need time. There is no hurry. The State Assembly is not leaning on us to get back to them. Only Delegate Barry Knight has confirmed this,yet City staff will have you believe that there is some expectation by the State for something you can get it done before their next legislative session. So, I thought I would give them the benefit of the doubt and I wonder why they would be saying this or saying this could be true. Suppose for a month that the State is waiting on us because other localities want to see what the largest City by population and land area has decided to do regarding short term rentals and view this legislation as a template for their own. Well,wouldn't it make sense to get it right? Wouldn't we owe it to them to do our due diligence to permanently vent this out and hammer out all the details? I have been authorized by our Civic League to formally ask for a delay until March in this matter. This is my request. I trust you will do the right thing. Thank you very much for your time. Bob Thornton: Any questions of Mr. Roper? Thank you sir. Andrew Roper: Thank you. Bob Thornton: I am going to take a minute to do something that I've not done since I've been on the Commission. I want to recognize somebody and I'm not going to ask him to come up here, but this ordinance proposal addresses the entire City of Virginia Beach, but it seems like the audience today and what we're hearing the biggest impact seems to be on Sandbridge. It certainly affects other neighbors. I want to take the opportunity to introduce to you all,or maybe you have met Harvey Lindsey. His family, his dad started Sandbridge in 1953 and Harvey is with us today. Would you please stand Harvey and wave and say hello? Harvey Lindsey: I thank you very much. I appreciate it. Bob Thornton: Harvey sent me a nice letter and told me that when he was in Korea in 1951 in the trenches, his dad sent him a note and said we are re going to create this project called Sandbridge. When he got back his family,and I think his brother-in-law, participated and built Sandbridge.So, I couldn't not honor Harvey. I worked with him for almost 15 years and he is one of the finest gentlemen you would ever want to meet.So, thank you Harvey for coming out and we'll get back into the program. Jan Rucinski: Kris Conover. Krisi Conover: Good afternoon. My name is Kris Conover. I moved to Sandbridge with my family in 1977,when I was 11 years old. I grew up in Sandbridge. I've also worked for Siebert Realty for 35 years and my mother was a sales agent here as well. My mother has also owned one of the main businesses in Sandbridge for over 20 years. My family has always considered Sandbridge home and cares about all aspects of the community very much. Because I live here and work here I have the benefit of experiencing both sides of this issue. Seibert Realty has a staff of 44 people. Of those 44,ten of them live in Sandbridge year round and another eight have lived here year round at some point. We are not just out siders who go to work here and leave at 5:00 p.m.They are true members of the community. Some important information I want to bring up, I too agree that instead of one rental in seven days, we need two rentals to allow for the weekend rentals.The three night minimum that we require,these owners do not just use this as extra money,they also use this off season rentals to maintain the properties. I also wanted to mention that the extra tax that is changed to our renters is used towards sand replenishment,which is very important to our residents in Sandbridge, not just to the rental owners. Some people might not know that we during the summer months.We have a staff member at our office until 11:30 p.m., seven days a week to handle any problems that arise with our rental houses. We also have an afterhours person year round to deal with any issues.They do not have to wait until the next day. We have someone on call. Losing any rentals would also affect the businesses, not only in Sandbridge, but Red Mill,Strawbridge.The contractors that work on rental houses and other businesses in Virginia Beach were our guest spend their money. We care about Sandbridge. This is not just a job. We are not just interested in the rental side. We are and have always been interested in the community as a whole. Bob Thornton: Are there any questions of Mrs. Conover?Thank you. Kris Conover:Thank you. Jan Rucinski: Our next speaker is Wally Damon. Wally Damon: Good afternoon everybody. My name is Wally Damon. I am the current president of the Chesapeake Beach Civic League. I live in the Shore Drive area the last six decades. I lived most of that in Chesapeake Beach. I've been involved in the Civic League for more than three decades. I'm going to be president for seven more days and then I'm going to move on again and move on to other things.The first time that I've ever heard of anything like this was a few years ago when my friend,and I won't say his last name but his initials were"CH",and he and I built houses in Sandbridge on Sandpiper Road and Sandfiddler Road. When I first saw him after many years, he could not wait to tell me how much money he was making on the house that he was adding three bedrooms to in Sandbridge. He had a three bedroom house and he was renting it for$3,000 a week and he told me that for the summer that he said he couldn't wait to the three more bedrooms and that he was building in Sandbridge on this house where he could make$6,000 a week. It is all about the money. So, I got to thinking about that and I said, I am glad that is not happening in Chesapeake Beach. Well,that's been both its driver off the Atlantic Ocean and that has come around and been around Fort Story and into Chesapeake Beach where we live. I really didn't realize it until we got some call from one of our neighbors and this neighbor said you should go down and check this out Wally on Oceanview Avenue. So, I got in my car and drove down towards Oceanview Avenue, past Junior Market and I saw a young man drinking something out of paper bag and walking in the middle of the road. He wasn't walking on the sidewalk, he was walking in the middle of the road on Lookout Road, and he turned onto Fentress and was walking towards Bully 44, which some of you understand used to be called Alexander's on the Bay. I'm President of the Civic League so I'm going to get these phone calls from people all the time,and I should have told this lady you should call the police.This guy got down to the roadway right there and he turned left right in front of Bully 44. He was walking up the street and I couldn't see over the crest of the hill very well what was going on but I could hear. I got over the crest of the hill and I saw, I mean at least 50 people, if not 75, or 100 people standing in the roadway.Then as I got closer and closer and closer with my car, I saw that half of them were sitting on the roadway, so it is quite different where I live in Chesapeake beach on the south end closer to Shore Drive than it is there, but this is something that has to be regulated.We can't pull down our police department to take care of the citizens. It is very burdensome. It is like something that has gone too far,too fast and if we put this on our police department and put this on our fire department or ambulances,we haven't done our job as citizens of Virginia Beach. I'll come down here once in a while to speak and so I thought this was important enough to speak on. And as president of the Civic League,we can't always be opposed to everything that is going on in the City. We can't do that. We got that bad reputation for always opposing something.We did not opposed the new houses that were being built on Shore Drive,as I think it will add to the value of home values but this thing has gotten way too fa,r too fast and somebody is going to throw an anchor out on that speed boat.So thank you very much. I very much appreciate you guys doing that work that you do on this commission. Bob Thronton: Questions for Damon? Jan Rucinski: I have a question. Bob Thronton: Jan. Jan Rucinski: Only because I am trying to keep track.So, are you totally opposed to any short term rental in your area or are you in favor of one alternative or over another? Wally Damon: When I vote on July 2016 was to totally oppose the event houses. However, my personal view as a resident of Chesapeake Beach is that it needs to be regulated. Going to this two person per bedroom thing, I think is a good idea. But again, it is all about the money, so those of us who have lived there for a long time. We need some help.That's all. Thank you very much. Jan Rucinski: Regulation with compromise. Wally Damon: Yes. Bob Thornton: Don Horsley. Donald Horsley: You didn't finish your story. I want to know what happened to the people sitting in the street. Wally Damon: Honestly Mr. Horsley, I got closer to them and I was just about to put it in neutral and reverse and they got out of the way. They actually got out of the street and let me come through, and nobody was kicking my car. I have antique Chevelle,so nobody was kicking or anything like that. I think they just wanted to look at the car, but I wanted to see for myself what was going on,and so, honestly, we've got to have some regulations when it comes to something like this. I am not totally opposed to it. We have to learn how to live together like my wife said. And it could happened nearly hope you all. Just let me know. Donald Horsley: Thank you. I really appreciate it. Jan Rucinski: Sara Boggs. Sara Boggs: Good afternoon. Let me get my notes. My name is Sara Boggs and I'm favor of Option 3 with the modifications that the President of Seibert Realty, Patrick Keenan, recommended. My entire livelihood is in Sandbridge. I have worked in Sandbridge for 12 wonderful years with Seibert Realty. My husband owns a plumbing company based out of Sandbridge. My mother-in-law rents her house in Sandbridge. Our life is in Sandbridge. So,these decisions affect my entire family,and my son. So,thank you for your time. Thank you. Bob Thornton: Any questions for Ms. Boggs.Thank you. Sara Boggs: Thank you. Han Rucinski: Donna Magruder. Donna Magruder: Good afternoon. My name is Donna Magruder. And I'm here to speak on behalf, believe it or not of our guests,the visitors that come to Sandbridge as well as my fellow citizens that depend on short term rentals for their livelihood,and my family. So,this is kind of selfish theme. I appreciate very much that Patrick Keenan had pretty much closed our office today so that all of our employees could be here because over 90 percent of us are Virginia Beach citizens,and it would be a little difficult to try and take off so he just made the decision. I appreciate that very much. I have worked at Siebert Realty at Sandbridge for 27 years. I've been a resident of Virginia Beach for just a few months longer than that. And short term rental in Sandbridge were happening long before I came along. In my position at Seibert Realty, I've been very blessed to be able to reach out to guest that own multi very peak guests. I also,once in a while, an agent will call me and say,just heard this great story. This person is coming the first time.They have friends tell them how wonderful Sandbridge was. So,of course, we reach out to them as well. The stories that I have been told, people growing up,vacationing in Sandbridge with multi-generations coming. We have guests that have been coming 25 & 35 years in a row. It is just amazing.We find families that have members that have members have passed away and they come back like a memorial to that guest. It really means a lot to be involved in something like that, to feel like we have a part of a lifetime memories that have been made by families. Some guests however,are only to come for 3 or 4 days, and I recognize you see like the natural average is four days. My family would fall into that. My husband and I have two sons, along with their wives, and by the end of May here, we are going to have four grandchildren under the after of two. I would hate to have to rent it to a much larger house because I've got four little people under 2'/a feet. But if you go to a two bedroom, I would be able to do that. Bob Thornton: ma'am. Donna Magruder: Yes. Bob Thornton: Watch the little red blinker. Donna McGruger: I'm sorry. Thank you. Bob Thornton: Are there any questions for Ms. McGruger? Thank you. Jan Rucinski: Michael Megge. Michael Megge: Mr.Chairman. Commission members,first of all, I support short term rentals with limited restrictions. Jan Rucinski: Could you state your name for the record? Michael Megge: Michel Megge. I've read the Virginia Beach since 1986 and after ten years as a Navy seal, I separated from the service and decided to stay here and make Virginia Beach my home. I started a construction company and over the past 20 plus years, I've grown it into a successful business. And during that time, I've acquired several rental properties that are an important part of my current income as well, as my retirement plan.And I think it is important to know the rules that we have to work with and changing those rule sin the middle of a game can have a major impact on a person's life and business. My plan to rent a few of those properties on short term basis,which has been a standard practice along Shore Drive and the beach neighborhoods for well over 50 years. But I also want to understand why the City is looking into the short term rental issue. A few bad apples can spoil the barrel. I know some neighborhoods and individuals have had bad experiences with short term rentals. But this could also be true for a long term rental,or even a permit resident who lives next to you. I truly believe that the city would simply apply the current laws and current codes in the City maybe these problems would be avoided early enough to stop. The reality is that most tenants are respectful to their neighbors. And abide by the laws in the City. The fact of the matter is both rental property owners and full time residents have the same property rights. I hope that the Planning Commission has the foresight and thought not to infringe on neither one of those parties.And again, by enforcing the current codes that have been on the books,and people both and understand well with the neighborhoods. If we enforce those current codes we're protecting those property rights to the best of our ability. The biggest issue I've heard and that I've had is limiting the number of days an owner can rent his or her property. And this will be very difficult if not impossible to enforce. It won't solve any of the current issues, and I believe that is a taking of someone's property rights. The other major issue is of course the Conditional Use Permit or creating an overlay district. It will be very burdensome to the owner and a nightmare for the City. We all know what it takes to get a Conditional Use Permit and all the hoops we have to jump through, the time.You all know how difficult it is to draw lines on a map creating overlay districts. The taxes have already been taken place.There is a mechanism in place. We just want a fair even keel registration. Punitive regulations are not the answer. And in closing, I understand how difficult it is for you guys to try draft one size fits all ordinance to give to City Council. I hope wall can fuse the large event homes issue with the regular short term issue.They are completely different things. I hope that either you guys give no recommendation ask for more time to study this issue because it is a large issue or just say let's simply enforce the codes that we have and I think that will solve many of the issues that we are hearing today. Thank you for listening. I truly appreciate your time and all the work you guys do. Thank you very much. Bob Thornton: Are there any question of Mr. Megge? Jan Rucinski: So,you're not in favor of any of these alternatives? Michael Megge: No. I think we need to work some other issues besides those. Jan Rucinski:Thank you. Michael Megege: Thank you. Bob Thornton: Thank you sir. I want to explain something because there may be confusion. Please be seated. We do not have in our current ordinance language that allows for short term rental property. That is the problem. Siebert and Sandbridge Real Estate have been in business for years. We need to put in our ordinance language that governs this activity. So, his point is, let's just not have it,and use the ordinance that we have. That is not a choice. Let everyone understand, we have to give City Council a recommendation on a way to regulate and govern the human behavior that goes with renting short term rentals or vacation cottages or even homes or whatever you want to call them. So, if we didn't have to do this, I can promise you we've probably wouldn't be sitting up here.So,City Council has come to the conclusion. It is interesting the way the laws in the State of Virginia Work, is that the General Assembly tells the Virginia Beach City government through the Dillon Rule what we can have and what we can't have. In March 2017,there was a Senate bill that gave us permission to do this. Before that got passed,we didn't have permission from the General Assembly to enact an ordinance governed this behavior. And so,we now have that and we've been tasked with looking at recommendations. Unfortunately, a lot of people,for at least two years we hear, have looked into it this. The AD HOC COMMITTEE,the Bayfront Committee, lots and lots of neighborhood have heard about that,so I don't want anybody to think that we're doing this in any sort of punitive way. We're doing it because we have been mandated to do it. Now, whether we come up,with what kind of recommendation we come up with and when we come up with it, we honestly don't know. But,we're here to listen to all of the input you folks want to give us,and we're going to take that under advisement,and process it and get it to City Council. So, I just wanted you to answer your specific question. We need to draft something that City Council approves and will either put it in the ordinance to make this business venture legal. I just wanted you to know that. So, call the next speaker. Jan Rucinski: Tim Satanic. Tim Solanic: Hello Mr. Chairman, Commissioner, City Staff.Thank you for being here and getting record amounts of emails about this particular topic. I'll be super brief. My wife and I have been operating a short term rental. Jan Rucinski:They need you to speak your name for the record. Tim Solanic: Oh, I'm sorry.Tim Solanic. We've been operating short rental for years, and we are opposed to the arbitrary seven day period because various people from, let's call it Washington, DC, like to disappear for a few days,and they like staying in neighborhoods where it is quiet and peaceful like Ocean Park. We've had guests who choose to stay with us instead of going to the Rocket Rock Rentals, which you guys all know and help create. And to finish up quickly. I think the best recommendation possibly you guys can make is would be to recommend to City Council to have a permanent committee to operate short term rentals and event homes in the City, since they have gone back decades. Toothpaste is out of the tube. It's happened for years,our cottage that we rent is apparently is started a short term rental in 1950, beating Sandbridge. So, it seems to me that it is a vital part of the tourism, the culture of Virginia Beach. It is not going to go anywhere need regulating. I want regulation. I don't want to live in a noisy neighborhood.We don't want idiots living next to us, short term or long term. So that is the idea. I know I should have articulated that better. I did and I thought when I was on the AD HOC Committee about a permanent committee to maintain, peace and tranquility of all the neighborhoods dealing with this. I promise should have reached out to you also. I apologize. Bob Thornton: We thank you for your comments today. Are there any questions of Mr.Solanic? Thank you sir. Jan Rucinskl: Lynn Hume. Lynn Hume: Hello. My name is Lynn Hume and I live in the Shore drive area since 1980. And I've been a realtor for over 30 years specializing in Shore drive and the beach area. I attend a lot of civic league meetings up and down Shore Drive, but I did not know anything about this being a citywide issue. I thought it was centered on Sandbridge and event homes. I did watch the November 15th meeting last year with 25 Sandbridge residents that came up and spoke against many of these same amendments. Staff states they are using the Beaches and Waterways report. However,this report was not accepted by Council at a formal meeting with public comment. In fact on July of last year,council minutes showed that Councilman Woman Rose Mary Wilson sad the Beaches and Waterways Commission could not get their arms around this issue,and they needed a new Committee. And the Chairman's letter to the City manager said the consensus was not able to make but staff is relying on this draft. There is another report to the City from ODU,the probably paid for it, it states the restrictive codes are not recommended no one is limiting a person's use of its property or a visitor's right to change to choose. Allowing only one or two rentals a week is silly and not an enforceable amendment. One size does not fit all. People are not just here for a seven day vacation but for the military,sports tournaments, memorial services,and unexpected medical situations.And literally can lose thousands of dollars trying to juggle as dates to comply with some unenforced code for a proceed result. It is nothing more than trying to deter the property from being rented. What's the difference between seven days rented or two in seven days? The same people are still there.The same amount of people. Staff even said that many of the amendments are not enforceable in the workshop. The City should create an image that forces property owner to use a management company in order to comply with codes. An owner shouldn't be made to expect a property owner, property manager,or nice neighbor to put in harm's way doing disturbance. It is dangerous. At the workshop when staff was asked why they pick the grandfather date of January 1. It looked like a good date. Oh, my gosh. Arbitrary picking a date,forcing people to obtain a Conditional Use Permit. Some property owners just bought this year.Some have long term plans and some don't even know there is a tax code or registry. We don't want the business of picking arbitrary twilight dates. And,also the three strike rule. Is that related to the house or the owner. I don't know. At the workshop,staff said the ordinance is audited, its' here. It's in use.Taxes are already being collected current codes just need just to be enforced and short term rentals language need to be added to city code. Thank you for hearing me. Bob Thornton: Any questions of Ms. Hume? Jan Rucinski: I do. Are you in favor of any of these options? Lynn Hume: I thought it stated with the event homes is the problem. I don't run a rental properties and I'm up and down Shore Drive. I am involved in all the civic leagues. I am in all of these. I've never heard of these problems. This is the first time I've heard of Baylake Pines. I'm up and down all of these roads all the time.So, it seems like there is an event home problem. Sandbridge, I guess Baylake Pines, but maybe the needs to be something done with those properties. I don't know. I would hate to take those people rights away when they were built during zoning. They got mortgages. So, how are we going to now put regulations on those people that built in a certain zoning code? I have a hard time with that. But it needs to be added to code to short term rentals are allowable then that needs to be done but all these restrictions. Staff ways they are not even going to be enforceable,so what are we doing here? Jan Rucinski: So you're looking for something like a compromise. Lynn Hume: Very limited compromise. Very limited. I really think that one rental in seven days is ridiculous. People come here for a memorial service. My husband went to Orlando and his whole family rented a house for his grandmother's funeral, and it was such a better way to be instead of a hotel rooms.The family was together. They grieved together. They had their meals together. So,there is more than just vacations. The military, and the family that is coming to see the new recruit. It is not just vacations. Jan Rucinski: So you really don't have an answer to my question then? Lynn Hume: I think it is very limited. Addressing the event homes and actually term rentals language that they are allowed in City code,that helps. But the event homes seem to be the issue. Taxes are already taken care of. Jan Rucinski: Thank you. Lynn Hume: Thank you. Bob Thornton: Dave Redmond. David Redmond: I have a question of the City Attorney. In the code, in terms and I want to be clear about this, based on Mr.Thornton's comments,code does not allow for short term rentals. Kay Wilson: It is not mentioned in the code,therefore it is not allowed. Dave Redmond: Okay. Is there a way to kind of allow but not have any regulation? Kay Wilson: Yes,you can do that. Dave Redmond:Okay. I do not want this assumption to bet out there that in order to have something comply now with code, it has to come off this list. It does not. There are no three alternatives and that is not the case if people have to choose from three alternatives or any of these choices. If somebody is reporting,you can probably write a one paragraph amendment to the City's ordinance that would make short term rentals legal, I'm guessing. But in any event, it is not the case that this stuff came down from heaven and we have to do some assemblage of this and may it happen, it could be that. I don't have that assumption be taken off the table. Jan Rucinski:Our next speaker is Joan Rose. Joan Rose: I'm not going to read what I wrote because listening here today,there is a big difference if you live some place and you have problems in your neighborhood, which we do,and you own a rental home. That is pretty obvious from listening to everybody. But I have studied the three alternatives, and the one that I want to recommend to you is Alternative two. None of us think it goes far enough but it will give us a compromise between the rights to have weekly rentals,which Ido support. We've had them for a long time.They didn't use to be a problem and the rights of the people who live beside them. Many have young children. A lot of people in Sandbridge are retired. It is your job to get some kind of balance, and I believe you will. But just to say let's just go on like we have when we all know there is problems. And we're looking to you for some suggestions. Please don't do that. It is our home. We live there. I raised my daughter there. We have problems and we're asking you to help us fix it. Thank you. Jan Rucinski: Jeffrey Francis. Voice from audience: Jeff had to leave. Jan Rucinski: Okay. Doug Huston. Doug Huston: Good afternoon. My name is Doug Huston. I moved to the Shore Drive area 39 years ago and have rented properties on a seasonal basis since then. In addition, I also managed long term rentals. When I first read the proposal from the AD HOC Committee, I was dumbfounded. Saw the ideas dealing with trash, parking, Conditional Use Permit, subject to limitation, marking emergency exits, appeared to be regulations looking for a problem. My perception is that these fixes are more appropriate for issues of event houses and that mixing them,as a solution for short term rentals is a mistake. In all of my years dealing with rentals, I've seen no distinction where tenant issues whether they are on a short term seasonable lease or a long term. I cannot imagine having an rudely tourist staying at an oceanfront hotel playing music loud disturbing the neighbors then AD HOC Committee proposed to live in a hotel contract to one per seven days as the fix. This is a solution that does not address the following.So, Mr. Redmond, I appreciate your comment about the three solutions. I proposed Solution 4,and solution number 4 would be to address the issue that brought this up in the first place,which appears to be from all of these comments the vast majority of Sandbridge. I think all speakers have said that,a vast majority of the issues are event houses. So, I would ask the Planning Commission to take a step back,focus on the event houses. I don't have a solution. I don't know enough about those in order to address. I don't live in Sandbridge but it seems like that is where the issues exist. For short term rentals,State and City laws are already in place to collect the appropriate lodging taxes. I don't know anybody who doesn't support that.Allow the laws that are on the books regarding noise,trash, parking to do their job. Please do not attempt to further regulate them. So, getting back and I know you ask what your proposal. If we need to have a propels, if we need to have a proposal on short term rentals, my suggestion is require a million dollar policy, liability policy and call it a day. Bob Thornton: Thank you. Any questions of Mr. Huston? Thank you sir. fan Rucinski: Anders Hellstrom. Anders Hellstrom: My name is Anders Hellstrom. I grew up in Sandbridge. My family lived or owned property in Sandbridge since 1970.As an adult, I had two homes. I've got one in Kempsville. I've got one in Sandbridge. As we're sitting here today, I was doing the math in my head. I'm paying seven times the amount of tax in Sandbridge than I am in my home in Kempsville. Do I see the services for that? Some of them I agree and it is nice not to have your houses washing out in the ocean,which has been a problem. It has been solved, although I was there when that was going on. But my feeling for the regulations that is being imposed,when I look at the three choices and just for the record, I'm opposed to all of them. I appreciate your position Mr.Thornton about the fact that something needs to come out of this meeting. The question I would ask and please don't answer right now but the question I would ask myself is, I know I passed the real estate exam. I didn't get anything back then because I had too many real properties. I only have one now. My home is in Sandbridge. We visit thereon weekends when we can get there. I rent it out to help pay expenses out there. We have limited during the down swing in 2008&2009. If we had the limitations that we are proposing today, less than two rentals in a week period of time, I probably would have loss my house.There are a lot of houses going back then but not mine. Anyway the question I would ask, please don't answer that right now. Are rentals as a person that owns property in Virginia Beach am I allowed to rent my property? I think the answer is yes. So, is it defined that it's a 30 day rental? A one day rental? Please answer that on your own. I think the main problem, and why we are here, and I guarantee half the people wouldn't even be sitting here today if we were to impose the restrictions that are already in the codes. Unfortunately about 10 years ago, we took the teeth out of the noise ordinance,now it is almost impossible to prove that somebody is making too much noise in the house next to you. Back then,you were able to file a class one misdemeanor and if they had a party one night and they came back the next night and did the party again,you got all of their names,they were taking people to jail. We don't do that anymore. We've taken the teeth out of our ordinances. We've got plenty of ordinances in place. We got taxes. I'm for everybody having insurance,although I don't think you should enforce it to them. People should to weed themselves out if they don't. Maybe include in the tax some type of thing like the builders have to pay a tax for that. Then we have a little insurance policy for somebody who has a big ability incident that happens and then we take care of that out of that fund. As far as the short term rentals,again, I'm not for none of the proposals. If we had to pick something as anything,two rentals per week, I think it is reasonable. I feel like the number of people in my house and the problems that we've been having with the amount of parking at these event homes, I don't really understand how that even took place. How do you issue a permit for a building a large home and don't have enough parking?I don't know. Bob Thornton:Thank you. Anders Hellstrom: Sure. Bob Thornton:Any question for Mr. Hellstrom? Thank you sir. Anders Hellstrom: Okay,thank you. Jan Rucinski: Connie Carlock Connie Carlock: My name is Connie Carlock. And I thank you all for volunteering your time to continue to make Virginia Beach a wonderful place to live. I'm a lifelong resident of this area and I live in Baylake Pines. Our neighborhood is not,as Mr. Reeve said, if you're going to Sandbridge a resort neighborhood, nor do we want to become one. That is why we asking for regulations to the short term rental business. This affects all Virginia Beach neighborhood even though it seems to be magnified in Sandbridge. Whatever is done it will affect the whole City for the future. So,that is my concern. I live in a beautiful Bayfront neighborhood with bayfront property and it is a nice place to be. My son and daughter-in-law live in Charlottesville and they rent their house once or twice a year,through Air B&B. My daughter-in- law screens her clients and the neighbors have a way to contact them. They are vested in their neighborhood because it is their neighborhood and it just works there. However, it is quite a different thing to have a full time mini-hotel next door. There are two very different things. If you do vote to regulate this industry, please note for something close to alternative 2, which I believe would be in the best interest of all Virginia Beach residents. Please take your time to deliberate this. This very important issue and we need to protect all Virginia Beach neighborhoods, and just as a side note,my family goes camping a lot and whenever we go register for a camp site,there is always a two vehicle limit for parking. Thank you. Bob Thornton: Are there any questions of Ms. Carlock? Thank you. Connie Carlock: Thank you. Jan Rucinski: Frank Driscoll. Frank Driscoll: Chairman of the Planning Board,City Attorney. Thank you for hearing us out this afternoon. I just want to introduce myself. Frank Driscoll, I own a beach house at 2401 Sandpiper Road. Me and my wife are family has operated the house over the last 5 years and I just want to bring one of the issue up that have not been addressed today. We rented through vacation rentals by owner. We do it ourselves. That enables to make sure that we are very careful in ensuring that we have tenants from all over the northeast, and believe it or not,all over the world,that come to Virginia Beach that they enjoy their time there and also respect all of the other residents of Virginia Beach. Now,the one problem that I have and I just want to state my position. Number one, I really don't see the difference between Option 1,2, &3. They all contain the same capricious and arbitrary and unnecessary regulations. I think we need to in an event that some regulation needs to be worked out. I think we need to narrowly tailor them to address the issues. Now,the two issues I heard that we are talking about are the event homes and also,well that is actually the only issue that I heard today is the event homes. Now,we own about 2,600 square foot house with four bedrooms and we don't let more than S people stay at our house. But I don't see any reason why shouldn't be able to have 10 or 12.There have been some great speakers before me.Carl Eason did a great job. Option 4. Let's get an Option 4. Joan Davis did a great job and you know Jimmy Reeves. A lot of people are saying we don't want all of these regulations. It doesn't address the true problem. When Sandbridge was created, it has always been a residential resort area that has always had weekly rentals or three or four day rentals. So, I look at some of these regulations that we're talking about and the owner or the owner's agent must be identified and be able to be present on the site within 30 minutes. I live in Heritage park. I'm not far away but even then, depending on traffic,is difficult to get to your house in that amount of time. Now based on that I live in Heritage Park I don't want any short term rentals in Heritage Park. But there has to be a distinction made from traditional resort areas near the beach where people have been renting for years and years and years, and have benefited our City.Given some of us some of the best recreational centers in the country and so many other benefits that we have. The other thing that we skipped over and it just scares is that if there are violations of three applicable local state or federal laws or regulations may result in a revocation of said registration. Okay,you know,can anybody tell me what local,state or federal laws that if they are violated we could use our right to rent our home? And how many people if they cannot rent their home would either have to put it up for sale or if they can't sell it, they will go it foreclosure and lose their home. I addition, if I could have one more minute chairman. In addition, they are talking about one rental contact during ay consecutive seven days. My understanding the whole purpose of this okay,well one of the purposes is to promulgate the health safety and regulations and to protect the neighborhood. How does that protect the neighborhood? How does restricting one rental within seven day period? How does that assist? I mean, if anything it has an adverse impact on the economy and the citizens of Virginia Beach. If we have good renters come from Pennsylvania,Ohio,and all over the country and all over the world that benefit and provide employment for all of these people,that are behind me, it seems that what we have here is you have certain residents that want to turn a traditionally resort residential neighborhood that's; always rented to people to enjoy the beach to just a residential neighborhood. And that's like moving next to an airport and trying to get the airport moved. I have been going to Sandbridge since the early 70s. It has been a residential resort short term rental and it already has. And haven't looked in the legal issues regarding whether just because it is not permitted in the zoning ordinance doesn't mean we can continue to do the short term rentals. I mean the City has been collecting taxes on those short term rental for 50 years. But anyway I think Mr. Redmond had a good point that is that has to be done, let's go ahead and say okay lets permit a short rental like they always had and then fi thee is an issue with big event houses, and I don't think we shouldn't have an RV parked out front. Thank you very much. Jeff Hodgson: So you're for short term rentals is favorite? Frank Driscoll: Oh yes. Well it is traditionally been. This is a Virginia Beach resort area but I understand and I forgot to one neighborhood they are talking about, but I would not be a big fan of short term rentals in Heritage Park. But like I said, I have a house in Sandbridge too. And we plan on living there too,and we stayed there for an extensive period of time, but Sandbridge has had short term rentals since the 60s&70s and on,and if I lived there full time, and people continue to do short term rentals. I understand that is the way it was and that is what it should stay. Bob Thornton:Thank you. Jan Rucinski: Gale Buckner. Voice from audience: She had to leave. Jan Rucinski:She had to leave. Steve Ballard. Voice from audience: He had to leave. Jan Rucinski: Jill Broome. Jill Broome: Good afternoon. I'm Jill Broome.And I am a resident of Aries on the Bay. We are a 240 unit neighborhood of townhouses and single family houses. And each one of those units has a deed restriction that limits rentals to no less than 30 days. And so I am the Treasurer of the Aries base Civic league and I'm been authorized by our board to make a brief comment to you. The Aries on the Bay Civic League supports existing deed restrictions on short term rentals and they should not be superseded or infringed upon by new City regulations. The Aries on the Bay Civic League believes that neighborhood with exiting deed restrictions governing rental periods should note subject to proposed changes without approval and consent of their respective civic league or homeowners'association. And that's the end of my comments. Bob Thornton: Thank you. I think and I probably would tell you that the deed restrictions are for people that live there and this should not in any way mitigate or effect or change your deed restrictions. Jill Broome:That is great.That is what we would like. Bob Thornton: If someone violated your deed restriction,you also can't go to the city and ask the city to enforce it. So that is a group of rules that is applying to the people that live in your condo. But anyway, thank you for coming today. Does anybody have any questions? Dave Redmond: I was just going to say that she can go back and tell how effective you were today. Jill Broome:Thank you. Jan Rucinski: Our last speaker is Clair Yoder. Clair Yoder: I will keep this very short. I'm Clair Yoder. Croatan finally. I am on the board. I'm not speaking officially for them because we did not come to any conclusions on this complicated piece of witnesses. I took the time to look up ordinances and many cities, and this is not a new issue and certainly not an issue with especially with Virginia Beach. Have you seen Myrtle Beach, Nashville,this is just for fun. I am a semi-retired lawyer so I enjoy that kind of thing. And I didn't see any of that had these types of restrictions and Conditional Use. Nor do I think you want to get involved with doing something that really that no one has really done.So, I would suggest you look at these models and generate something on your own with the entire period and kind of having to take these comment, which I think is wonderful, but then to put that forward, because I don't think this group is as much of a disagreement as thing come together.On a personal note, I am against event houses. I do not think they are residential. I think with the conference of mayors,who last year made the statement that short term rentals are non-commercial activity govern by the same or similar guidelines and also those governing long term residential rental properties including the absence of additional laws and ordinance for dealing with nuisance issues are already covered under exiting uses codes. They urge support of economic development opportunities for the visitors industry by encouraging regulations of short term rental industry that establishes the right-of-way for the municipality to identify thecontent. Make the tax collection and remittance clear to the short term rental owner and treat short term rentals the very same as long term. I think that has also been pretty well established nationwide what you can't take just Sandbridge or you just can take short term.You can't take one week or one day. They are renters in residential areas. I personally feel that when you do some draft resolution that you will look at that as an issue for both long and short term. Event houses that would be commercial activity.This is not recognized as a residential use. I don't know if a Conditional Use Permit might be pertinent to that in your vision but when you bring people together for the express purpose of raising money for an event, that is a commercial activity,and hosting such a thing generates a different type of revenue and a different kind of consequence then it would if you had someone in your home as a home share. That's all. Bob Thornton: Any questions of Ms.Yoder? Thank you. Jan Rucinski:That was our last speaker. Bob Thornton: Okay,well with that we will close the public hearing and we will start discussing this amongst ourselves. Jeff Hodgson : All the emails that we got did anybody remember getting any emails from Croatan? I mean we got a lot of letters, and I mean say a lot like Bob said this morning. I received in the seven years total from any other application or anything coming through us. And I think our first speaker from Croatan. I don t remember any other emails. I'm also thinking is there anybody from Shadow lawn which is also not recall a beach community but still walking distance to the oceanfront. Yeah, I didn't have one person in my neighborhood contact me about this,send me an email. Croatan being more right on the ocean, I would have thought I would have heard more from there.And to me, it is this really that isolated to where it is just Sandbridge and just up along Shore drive and that area? Event houses. Right. So, I'm still torn that is that big of an issue. Bob Thornton: Well David has his hand up. Dave Redmond:Yeah,the first thing that I've been instructed this afternoon is it is clear to me that there is a big issue and very small. The big issue is the event houses in my view. And I think we have done a disservice by taking all of this and throwing it into one pot an put a big cover the whole thing and boiling it up as it though it is one and it is not. I think there is a fundamental problem with these event houses, the number of people in them, how they are part. The noise they generate. Photographs I've seen today of these buses and tractor trailers that is all in front of them, all I bet that's a disturbance. And, I think that has to be dealt with by making aware this process got off course is it stopped on focusing and that it dumped all these other things about short term rentals.Virginia Beach has had short term rentals since there was a beach. We've had short term rentals longer than any of us have been alive. This is resort community. We've even seen photographs,there are woman in hoop skirts with carousels in the early 1900s.So we've been that type of beach for a very long time and that is not going to change. A vast majority of problems are associated with those big event houses, however it may be, and one of the issues even in the Shore Drive Corridor,was about an event house there.So I think we need to deal that arise in these places. And,deal with that and there's parking,there's noise, if its drunk people sitting in the street when Wally goes driving down,then those have to be dealt with but to suggest at the beginning of the process that you have to have these very,very restrictions anticipating that the end they already turn out like animal house and people spend ten years trying to fool the other egg on mortgage payments. 30 years paying off their mortgage,and then you get told that you going to have to limit the economic employment of something they spent their whole lives trying to acquire. And for them it might be close to all they got. I just think that's wrong. So,anyway,one thing there are some elements of the civil table. I think the method in which this was presented to us was just wrong. This was the wrong way to go about this, in my view. The three alternatives is the wrong way to go about this. And it got us a little bit wrap around the axle. I think what we need to do is to go through soul of these.There is not a scenario that I would support with a use Permit or related stuff. I'm just not going to do it. I think there are elements here that. I'd question the insurance. If someone want to take risks on their own, I don't know if you go around telling them that you're going to protect them from themselves but I can probably except that.The occupancy of parking, I think those are things we're going to have to practice on to make sure we got them right. I think this isn't'exactly right. We haven't had it very long. I'll be in favor of deferring until at least February. Council chooses to take it up, let them take it up,and I think we get back to work to try and zero in on the issues where I think we can make a difference.The trash thing. It kind of looks like my house went through wind whips up or there are raccoons get into my can. It is not always the case that somebody has done something wrong or somebody leaves a broken bicycle out there or something like that. That is a different story but frequently that does happen. I think we have to focus on event houses beaus it sounds like that is where the most problems are but not violate the rights people have built up their whole lives and in any cases, it is their retirement. It is how they hand their home over to their family. I am just not going to get in the way of that. Thank you Mr.Chairman. Bob Thornton: Dee. Dee Oliver: I think after hearing everybody and I thank everybody for taking the time to come down here and sit here as long as it taken to hear everybody. The issue is that we live in a resort town, and that is what it is. If you compare it to other cities, and once you're actually comparing it to a city that borders on the ocean,and has a tourist industry that pretty much runs the entire city, and those things help put in new roads and all those things for us. It is hard to distinguish whether you should rent your house or not. I mean I grew up with my father telling us we had to leave Memorial Day so he could rent our house on a weekly basis and pay for the mortgage,and that's what it is. But we've got three issues and Sandbridge is a resort area. It is a resort neighborhood. And that's how it was semi-designed and that is what it is.So,just like when you go down to the oceanfront,you know what you're going to encounter and you have to deal with it. You got a couple of thing that is these event houses,which we didn't quite see coming and the impact they would have.The amount of people that things are in the trash all the things that go along with them. The other thing that came along that I think took us all by surprise a little bit was the Air B&B. They came in and they went into place that we weren't accustomed to where we would normally have a rental house. We're used to having them up in the north end on the shore Drive Corridor,definitely some in Croatan, all of Sandbridge. But you also got an Air B&B in Kempsville,wherever they are,they are not regulated. There is no contact person. You're not quite sure what's going on. They don't rent normally where other resort houses rent. They normally rent on a weekly basis during the summer and off shoulder they usually try to rent them twice a week just to cover it. Do schools basically have that sort of involved and the Air B&Bs just sort of came out of nowhere. And they are great. I mean my kids use them when they went to California and things like that but there has got to be a way that sort of rain in and figure out how they fit in to our resort area as a whole and I think that is the issue. You got event houses in the Air B&B but to lock them in into Sandbridge or Croatan or north end,where is accustomed to rent your house or own several houses that you rent, I think we have to somehow figure out to separate them and deal with them accordingly someway. Bob Thornton: Thank you. Anybody else?Jan. Jan Rucinski: I heard several issues and I'm in agreement with what they've said. I think we need to determine a way to separate the two because even people who were very for short term rentals in Sandbridge, were not for short term rentals in the more traditional neighborhood. So, I'm wondering if we need to do something that can take a look at and maybe that requires two ordinances. Maybe that requires that handles just short term rentals in the resort areas, beach districts,and then one that handles short term rentals in the City overall, because we do have to address the whole city.We just can't address only Sandbridge or only the north end, only Baylake or only Shore Drive.What we got to come up with has got to be for the whole of Virginia Beach. I mean that is what we've been tasked with. I totally agree what Dave that the City Council sort of put us in a bind by saying you need to make a decision at your December meeting and get this back to us. I totally agree that is going to be really tough because I was taking sort of tie notes of what everybody that came forward was talking too. We only had one person like the overlay option. Most people like Option 2 but everybody wanted a compromise to Option 2. There were several people who like Option 3 but the people who like Option 3 wanted a compromise for Option 3. So,there wasn't any. There were maybe a couple of people that said this is what I like and that is what I like. Just about everybody else talked about you need some kind of compromise. I think we need to have time of that compromise. Bob Thornton: Ron. Ronald Ripley: I want to thank the citizens for coming down to whether your business related or a neighborhood citizen related. We appreciate that very much. It the focus and some of the major issues have mentioned. I'm not going to be redundant. But you mentioned property rights and that is what I heard, and not only today but people coming to see me or calling me or write me letters, sound to med that is a lot of people and agree with a lot of things.There are some things they don't agree on or there is some other positions they would like to see taken,and so I think if we move the ball right far is that way I see it. We have been doing this a long time,and you kind of see things sort of come together,and I think we can put together something that is not to overly restrictive but yet is effective in the neighborhood as well. Air B& B and the event homes,they are special anyway. Like the resort has been operating as a resort, but the resort resides in the neighborhood and you have to be very compliant about that. I think the real estate companies understand and I think somebody said it very well, I think it was Jim Reeve and he said they reside in that community. They are good citizens. They work with the neighborhoods to best extent that they can. I think that is very true to the case. So no matter what we do, it needs to be a balance solution and that is kind of what we're looking for. Mike Inman: Mr. Chairman? Bob Thornton: Mike Mike Inman: I just want to emphasis the fact to the folks that came down and shared their thoughts with us today that we are well most of us are just dealing with this issue for the first time and a real serious focus matter.There are a lot of people out there, and others that are not here that have been dealing with this apparently for a couple of years. We have not well most of us have not been involved in that process. So,we're getting this ball handed to us here in the recent month or so,and we appreciate that.This is the first time we've had public hearing on this. We've had workshops, but very recently,so and obviously there is tremendous diversity in opinion on this topic. It is pretty obvious. Not only from you all here today but emails that'we've gotten that have described by other Commission member. So it is pretty difficult to do a responsible job of making a recommendation to council where we are today in our progress. One other thing that I want to say, as far as what Dee was talking about we also have to recognize we've gotten this map where the City staff has determined and from our Commissioner of Revenue information and our registry. There are short term rentals all over this City. And people come here not just to recreate the oceanfront but they come here for south returns. They want a short term rental. They come here for a big convention that's going on at the convention center. They don't care about the oceanfront.They don't want to pay perhaps for a hotel or they just want to be in a group. But they want to be in a group situation as described by a couple of speakers. They want to be in a family group or they want to be in a business group, staying in the same place and so there are all kinds of different demands and desires for people who come to Virginia Beach as a tourist city and our state to either recreate or do business or play sports. We really got nothing about this more before we can make a decision. I support a deferral. Bob Thornton: Jack. Jack Wall: I hate not to make a decision today,especially since all of these individuals came here. Exceptional individuals came to speak, and maybe because of that. But, I think there are a lot of things to consider. I think maybe it should be delayed. Bob Thornton: Jeff? Jeff Hodgson: First I would like to thank everyone for coming down. I apologize for any attending it's the most its'ever been. But I got a lot of new information that came up here of ways of taking about some things and issues that I've necessary didn't think about, I'm hoping that we do defer this but just know your time down here wasn't wasted especially with me today because I did take away a lot from your input. So,thank you very much. Jan Rucinski: Bob? Bob Thornton: Jan? Jan Rucinski: I was going to say that if nobody has a comment I am prepared to make a motion. Bob Thornton: We have two more hands. Dr. Kwasny. Karen Kwasny: I had to say that I've been trying to stay in the loop on this for the last couple of years and then I felt as though I knew this subject quite well.There are so many layers to it and some of them were just recently identified to me today, and I feel strongly that we would be irresponsible in trying to make a decision today on such a complicated complex issue that affects so many people. I also think there should be some opportunity for all of us and reach out and have more discussion and to make a more educated careful decision working together to do that. So, I'm in support of deferring it as well. Bob Thornton: Don Donald Horsley: For those who don't know me, I'm not a big regulation person. I'm not a big fan just put the regulations in a properly more enforcement.That is something we don't have. But sometimes wen problem arise thee has to be some regulations put in place. So, I'm proud the Commission that I saw yesterday. I didn't attend the first workshop but there was one yesterday and I saw the Commissioners that were there. We were struggling trying to get things figured out and that's not really characteristic of the way this Commission operates. Usually we can get thing figured out pretty quick, and today I'm seeing the evidence now that we're finally working in the manner that we should be working. We've heard from the public and now we got some good things that we can sit down and analyze and I think over the next month or two,whatever it takes, we can put something together that everybody will be satisfactory to everybody here. Because it definitely can meet a few regulations but I don't see where we need a big book of regulations and things for people. The main thing I don't want to hurt is people who have been in business for many, many years doing this short term rentals and we put them on regulations that affect the small individuals that have been doing this for many years.And have invested their retirement in a home in Sandbridge or wherever it is, but Sandbridge most of them are here today. So, I'm hoping we'll get a motion here shortly and ask for a deferral and maybe we can try this thing to put rest in next month or so. Dave Redmond: Mr.Chairman. Bob Thornton:Sir. Dave Redmond: I was going to ask Ms.Wilson if she would give us a cheat sheet again on how to make a motion? Bob Thornton: Jan has got it already. I would like to make one quick statement and then I'm going to ask for a motion. Normally when you come down here, many of you have probably seen us work. We have staff that does a fabulous job, and we have applicants that work with the staff through the whole process. So,when applications come before us, and the applicants are comfortable with the staff.The staff is comfortable with the applicant,we put it on the consent agenda,and you saw us do that at the beginning of this meeting. We rarely, rarely, rarely get into the weeds on any like we've one on this case and I want to thank you all for coming. I want to thank you for your input. I specially want to thank the staff. When we started this process last month,we were handled three alternatives ordinances but none of us are trained to read a 25 page ordinance with all the legal jumbo in it. And so this sheet that we've been working off of is sort of a condensed version of what other ordinances try to do.We didn't invent this Alternative 1,2 or 3. These came from input as Karen said,over the last two years,so what we've done today is we hopefully have listened to you. We hear your concerns and we want to do a good job of making a good recommendation to City Council,So with that, do I have a motion on this matter? Jan? Jan Rucinski:Chairman Thornton, I would lie to make a motion to defer this item to our February 2018 Planning Commission Hearing and request that City Council provide an extension for this continuance to allow us more time to consider this item. Bob Thornton: Do I have a second. Dave Redmond: Second. Kay Wilson: this item would items 10, 11, 12, 13, & 14. Jan Rucinski:Thank you. Bob Thornton: A second by Mr. Redmond. A motion by Jan Rucinski. (VERBAL VOTE) AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Marchelle Coleman: By a vote of 11-0,the Commission has deferred items 10, 11, 12, 13 & 14 to the February Planning Commission hearing and will request an extension from City Council. Bob Thornton: Thank you. On behalf of the Planning Commission,we want to thank you all for coming, down,your time,your input,and if you are still want to participate in the process,we would love to see you in February.Thank you. Is there any other business? Meeting is adjourned. 1 ALTERNATIVE 1 2 3 4 AN ORDINANCE TO AMEND SECTIONS 102, 111, 401, 5 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 6 ZONING ORDINANCE AND SECTION 5.2 OF THE 7 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 8 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 9 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 10 REQUIREMENTS AND USE OF HOME SHARING AND 11 SHORT TERM RENTALS 12 13 Sections Amended: City Zoning Ordinance Sections 102, 14 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 and 15 Oceanfront Resort District Form-Based Code Section 5.2 16 17 Sections Added: City Zoning Ordinance Sections 209.6 and 18 241.2 19 20 WHEREAS, the public necessity, convenience, general welfare and good zoning 21 practice so require; 22 23 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 24 BEACH, VIRGINIA: 25 26 That Sections 102, 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the 27 City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based 28 Code are hereby amended and reordained, and Sections 209.6 and 241.2 of the City 29 Zoning Ordinance are hereby added and ordained, to read as follows: 30 31 ARTICLE 1. GENERAL PROVISIONS 32 33 34 35 Sec. 102. Establishment of districts and official zoning maps. 36 37 (a) In order to carry out the purposes and provisions of this ordinance, the 38 following districts are hereby established: 39 40 41 42 (al) There are hereby established the - - - ; - _ - :: e - - e' 43 following overlay districts: 44 45 (11 Shore Drive Corridor Overlay District ('SD") 46 47 (2) North End Overlay District ("NE"); 48 49 (3) Old Beach Overlay District ("08")- 50 51 (4) Historic Kempsville Area Overlay District ("HK")' 52 53 (5) Workforce Housing Overlay District ("WF"); and 54 55 (6) Short Term Rental Overlay District ("STR"). 56 57 Such districts shall be designated on the official zoning map by the an 58 appropriate notation (&D}following the designation of the underlying zoning district. As 59 an illustration, property in the Shore Drive Corridor Overlay District and in the B-4 Mixed 60 Use District shall be designated on the official zoning map as having the classification 61 "B-4(SD)." 62 63 •- _ ' •- - _ - __ ._ , , . . .. .. . . . . . . . . . . . . . . . . .. . . 66 e - - - . _ . ,. . - - . . - -- • - - ' :_e - ! - . . • - . : . -- • - -- . . . . . . .. .. . . .. . . . . 68 69 • - - ' •- - • - .._ . . -. ._ . . - - . . . . . . . . . . . . . . .. . . . . . . . . .. .. . . .. .. 74 75 . . . . . . . . .. . . . . . 80 2(11K)." 81 82 •- - __ _ _ . . . : : .: .: ... . �. - 90 of-the-property. 91 2 92 93 94 Sec. 111. Definitions. 95 96 97 98 Home sharing. A dwelling in which a room or rooms are offered for rental for 99 compensation for a period of thirty (30) consecutive days or less by an owner who 100 utilizes the dwelling as his principal residence and occupies the dwelling during any 101 such rental period. 102 103 104 105 Hotel and motel. A building or group of attached or detached buildings containing 106 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units, 107 and for which compensation is exchanged for short-term occupancy of the dwelling or 108 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 109 registration and keeping of records relating to hotel guests. 110 motels 111 112 113 114 Principal residence. Principal residence shall be the location where a person 115 lives fifty (50) percent or more of the time. A person shall not have more than one (1) 116 principal residence. 117 118 119 120 Short term rental. A dwelling that does not meet the definition of home sharing in . 121 which a room or rooms, or the entire dwelling are rented for thirty (30) consecutive days 122 or less for compensation. 123 124 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 125 ALL DISTRICTS 126 127 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 128 PARKING, OFF-STREET LOADING, AND CERTAIN USES 129 130 131 132 Sec. 209.6. Home sharing. 133 134 1. All parking must be provided on the property in which the home sharing is 135 located: 136 3 137 2. No noise shall be created in excess of what is normally expected in a 138 residential neighborhood- 139 140 3. No additional traffic shall be created in excess of what is normally expected 141 in a residential neighborhood• 142 143 4. The owner must provide contact information sufficient to allow the city to 144 communicate with the owner occupying the dwelling at all times during the 145 rental period 146 147 5. To the extent permitted by state law, each dwelling offered as a home share 148 must maintain registration with the Commissioner of Revenue's office and 149 pay all applicable taxes. Adiudicated violations of three (3) applicable local 150 state or federal laws or regulations may result in the revocation of said 151 registration. 152 153 6. There shall be posted in a conspicuous place within the dwelling the 154 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 155 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 156 (fireworks)' 157 158 7. All refuse shall be placed in automated refuse receptacles, where provided 159 and comply with the requirements of City Code Sections 31-26, 31-27 and 160 31-28- 161 162 8. There shall be no more than one (1) rental contract during any consecutive 163 seven (7) day period' 164 165 a The owner shall provide proof of liability insurance applicable to the rental 166 activity of at least one million dollars ($1,000,000.00) underwritten by 167 insurers acceptable to the city' 168 169 10.AI1 emergency exits in the structure shall be clearly marked; and 170 171 11.The City may inspect the property at any reasonable time, after notice, to 172 verify compliance with the provisions listed above. 173 174 C. CONDITIONAL USES AND STRUCTURES 175 176 177 178 Sec. 241.2 Short term rental. 4 179 180 1. All parking must be provided on the property in which the short term rental is 181 located; 182 183 2. No noise shall be created in excess of what is normally expected in a 184 residential neighborhood 185 186 3. No additional traffic shall be created in excess of what is normally expected 187 in a residential neighborhood 188 189 4. No events with more than fifty (50) people present, shall be held absent a 190 special events permit. Events with more than fifty (50) people are limited to 191 no more than three (3) events in a calendar year. No more than one 192 hundred (100) people shall be present at any event held on the property. 193 194 5. The owner or the owner's agent must be identified and able to be present 195 on the site within thirty (30) minutes of being contacted at all times during 196 the rental period 197 198 6. No signage shall be on site, except that each short term rental is allowed 199 one (1), one-foot by one-foot sign, posted on the building, that identifies the 200 short term rental. 201 202 7. To the extent permitted by state law, each short term rental must maintain 203 registration with the Commissioner of Revenue's office and pay all 204 applicable taxes. Adjudicated violations of three (3) applicable local, state 205 or federal laws or regulations may result in the revocation of said 206 registration' 207 208 8. There shall be posted in a conspicuous place within the dwelling the 209 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 210 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 211 (fireworks). 212 213 9. All refuse shall be placed in automated refuse receptacles, where provided 214 and comply with the requirements of City Code Sections 31-26, 31-27 and 215 3131-28. 216 217 10.There shall be no more than one (1) rental contract during any consecutive 218 seven (7) day period 219 5 220 11.The owner shall provide proof of liability insurance applicable to the rental 221 activity of at least one million dollars ($1,000,000.00) underwritten by 222 insurers acceptable to the city- 223 224 12.The maximum number of persons on the property after 10:00 p.m. and 225 before 7:00 a.m. shall be two (2) individuals per bedroom plus four (4) 226 additional persons' 227 228 13.AIl emergency exits in the structure shall be clearly marked; and 229 230 14.The City may inspect the property at any reasonable time, after notice, to 231 verify compliance with the provisions listed above. 232 233 ARTICLE 4. - AGRICULTURAL DISTRICTS 234 235 (a) Principal and conditional uses. The following chart lists those uses permitted 236 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 237 respective agricultural districts shall be permitted as either principal uses indicated by a 238 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 239 shall be prohibited in the respective districts. No uses or structures other than as 240 specified shall be permitted. 241 Use AG-1 AG-2 Home sharing meeting the requirements of section 209.6 P P Short term rental C C Short term rental within the STR Overlay District P P 242 243 (b) Accessory uses and structures. Uses and structures which are customarily 244 accessory and clearly incidental and subordinate to principal uses and structures, 245 including but not limited to, an accessory activity operated for profit in a residential 246 dwelling unit where (i) there is no change in the outside appearance of the building or 247 premises or any visible or audible evidence detectable from outside the building lot, 248 either permanently or intermittently, of the conduct of such business except for one (1) 249 nonilluminated sign not more than one (1) square foot in area mounted flat against the 250 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 251 by such activity in greater volumes than would normally be expected in the 6 252 neighborhood, and any need for parking generated by the conduct of such activity is 253 met off the street and other than in a required front yard; (iii) the activity is conducted on 254 the premises which is the bona fide residence of the principal practitioner, and no 255 person other than members of the immediate family occupying such dwelling units is 256 employed in the activity; (iv) such activity is conducted only in the principal structure on 257 the lot; (v) there are no sales to the general public of products or merchandise from the 258 home, except for agricultural products, or agricultural-related products, incidental to an 259 agricultural operation on which the dwelling unit is located; and (vi) the activity is 260 specifically designed or conducted to permit no more than one (1) patron, customer, or 261 pupil to be present on the premises at any one time. Notwithstanding the provisions of 262 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 263 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 264 persons on the premises at any one time in connection with the performance of such 265 rites, provided that all other requirements of subdivision (b)(2) are met. The following 266 are specifically prohibited as accessory activities: Convalescent or nursing homes, 267 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 268 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 269 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 270 accessory use to the dwelling. 271 272 273 274 ARTICLE 5. RESIDENTIAL DISTRICTS. 275 276 277 278 Sec. 501. Use regulations. 279 280 (a) Principal and conditional uses. The following chart lists those uses permitted 281 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 282 respective residential districts shall be permitted as either principal uses indicated by a 283 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 284 shall be prohibited in the respective districts. No uses or structures other than as 285 specified shall be permitted. 286 Uses Residential Districts R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 7 Home sharing meeting the PPPPPP P PP P requirements of section 209.6 Short term rental CCCCCC CCCC Short term rental within the STR PPPPPP P PP P Overlay District 287 288 (b) Accessory uses and structures. Uses and structures which are customarily 289 accessory and clearly incidental and subordinate to principal uses and structures and 290 where such accessory structures do not exceed the height of the principal structure and, 291 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 292 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 293 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 294 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 295 the principal structure. Such accessory uses and structures include but are not limited 296 to: 297 298 299 (7) Rental of rooms in a dwelling or the entire dwelling for more than thirty 300 (30) consecutive days is an accessory use to the dwelling. 301 302 ARTICLE 6. - APARTMENT DISTRICTS 303 304 305 306 Sec. 601. - Use regulations. 307 308 (a) Principal and conditional uses. The following chart lists those uses permitted 309 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 310 respective apartment districts shall be permitted as either principal uses indicated by a 311 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 312 shall be prohibited in the respective districts. No uses or structures other than as 313 specified shall be permitted. 314 8 Use A-12 A-18 A-24 A-36 Home sharing meeting the requirements of section 209.6 P PP P Short term rental CCCC Short term rental within the STR Overlay District P PP P 315 316 (b) Accessory uses and structures. Uses and structures which are customarily 317 accessory and clearly incidental and subordinate to principal uses and structures, 318 including but not limited to: 319 320 321 322 f3] Rental of rooms in a dwelling or the entire dwelling for more than thirty 323 (30) consecutive days is an accessory use to the dwelling. 324 325 326 327 ARTICLE 9. - BUSINESS DISTRICTS 328 329 330 331 Sec. 901. - Use regulations. 332 333 (a) Principal and conditional uses. The following chart lists those uses permitted 334 within the B-1 through B-4K Business Districts. Those uses and structures in the 335 respective business districts shall be permitted as either principal uses indicated by a 336 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 337 shall be prohibited in the respective districts. No uses or structures other than as 338 specified shall be permitted. 339 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K Home sharing meeting the requirements of section X X XXPP P 209.6 9 Short term rental X X XXCC C Short term rental within the STR Overlay District X X X X P P P 340 341 (b) Accessory uses and structures. Uses and structures which are customarily 342 accessory and clearly incidental and subordinate to the principal uses and structures, 343 including, but not limited to: 344 345 346 347 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 348 (30) consecutive days is an accessory use to the dwelling. 349 350 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 351 352 Sec. 1110. - Land use regulation. 353 354 355 356 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 357 A-12 Apartment District other than hospitals and sanitariums, together with the 358 following enumerated uses and structures, shall be permitted: 359 360 (1) Fraternity and sorority houses, student dormitories and student centers; 361 362 (2) Housing for seniors and disabled persons, with a conditional use permit; 363 364 (3) Marinas; 365 366 (4) Private clubs or social centers provided that clubs where conduct of commercial 367 affairs is a principal activity shall not be permitted; an4 368 369 (5) Residential care for seniors, provided that no more than two (2) employees 370 including a bona fide resident of the dwelling shall be permitted-; 371 372 {Q Home sharing meeting the requirements of section 209.6; and 373 374 (7) Short term rental within the STR Overlay District. 375 376 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 377 378 (1) Communication towers; 10 379 380 (2) Family day-care homes; 381 382 (3) Group homes; 383 384 (4) Kennels, residential; 385 386 (5) Religious uses; 387 388 (6) Wind energy conversion systems, free standing and roof-mounted; and 389 390 (7) Home-based wildlife rehabilitation facilities, provided that the principal 391 structure is a single-family dwelling and the lot is greater than two thousand 392 five hundred (2,500) square feet; and 393 394 () Short term rental. 395 396 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 397 398 399 400 Sec. 1125. - Allowed uses. 401 402 Within the PD-H2 District, only the following uses and structures shall be permitted: 403 404 (a) Principal uses and structures. 405 406 (1) Dwelling units of the types specified in the land use plan; 407 408 (2) Public buildings, structures, and other public uses; 409 410 (3) Recreational facilities of the type described in the plan; 411 412 (4) Child care education centers, in connection with public or private 413 elementary schools or churches, provided that such uses shall not be 414 eligible for residential density credit; 415 416 (5) Day-care centers, provided that such uses shall not be eligible for 417 residential density credit; 418 419 (6) Public utilities installations and substations; provided offices or storage or 420 maintenance facilities shall not be permitted; and provided, further, that 421 utilities substations, other than individual transformers, shall be surrounded 422 by a wall, solid except for entrances and exits, or by a fence with a 423 screening hedge five (5) to six (6) feet in height; and provided also, 424 transformer vaults for underground utilities and like uses shall require only 425 a landscaped screening hedge, solid except for access opening 11 426 427 (7) Home sharing meeting the requirements of section 209.6; and 428 429 (8) Short term rental within the STR Overlay District. 430 431 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 432 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 433 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 434 accessory use to the dwelling. 435 436 (c) Conditional uses. 437 438 (1) Religious uses, provided that such use shall not be eligible for residential 439 density credit; 440 441 (2) Family day-care homes; foster homes and group homes, provided that such 442 uses shall not be eligible for residential density credit; 443 444 (3) Home occupations-; 445 446 (4) Housing for seniors and disabled persons-. and 447 448 () Short term rental. 449 450 451 452 C. RT-3 RESORT TOURIST DISTRICT 453 454 455 456 Sec. 1521. Use regulations. 457 458 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 459 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 460 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 461 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 462 buildings within the RT-3 District may include any principal or conditional uses in 463 combination with any other principal or conditional use. No uses or structures other than 464 those specified shall be permitted. All uses, whether principal or conditional, should to 465 the greatest extent possible adhere to the provisions of the Special Area Design 466 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 467 Plan. Use RT-3 12 Home sharing meeting the requirements of section 209.6 P Short term rental C Short term rental within the STR Overlay District P 468 469 (b) Accessory uses and structures : Uses and structures which are customarily 470 accessory and clearly incidental and subordinate to the principal uses and structures; 471 provided, however, that drive-through facilities shall not be permitted as an accessory 472 use: 473 474 475 476 (2) Rental of rooms in a dwelling or the entire dwelling for more than 30 477 consecutive days is an accessory use to the dwelling. 478 479 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 480 481 482 483 B. - DEVELOPMENT REGULATIONS 484 485 486 487 Sec. 2203. - Use regulations. 488 489 (a) The following chart lists those uses permitted within the Central Business Core 490 District. Uses and structures shall be allowed either as principal uses, indicated by a 491 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 492 shall be prohibited, unless allowed by special exception for Alternative Compliance 493 pursuant to Section 2205. No uses or structures other than as specified herein or as 494 allowed pursuant to subsection (b) shall be permitted. 495 Use District CBC Home sharing meeting the requirements of section 209.6 P 13 Short term rental C Short term rental within the STR Zoning District P 496 497 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 498 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 499 use permitted by this section, either as a principal or conditional use. In determining 500 whether a proposed use is similar to a listed use, the Zoning Administrator shall 501 consider (1) the actual or projected characteristics of the proposed use in comparison 502 to those of the most similar listed use; and (2) the categorization of the proposed use 503 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 504 rooms in a dwelling or the entire dwelling for more than thirty (30) consecutive days is 505 an accessory use to the dwelling. 506 507 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 508 509 510 511 Sec. 5.2. Permitted Use Table. 512 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING --- Ground Upper Ground AM Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes LODGING-.__-. --- -- Home sharing L - o L L L - See Sec.2096 meed reouhemenls of section 209.6 Short term rental - li C - - C C C See Sec 241 2 Short Nrental - L - L L L I`ISee Sec 241.2 within the STR .. Overlay District 513 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. 14 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a: " _ �.. 41161.... .�i . •. . � 131 ,11�XJlx Planning De'ailment . City Attorney's Office CA14135 R-10 November 2, 2017 15 1 ALTERNATIVE 2 2 3 AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 4 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 5 ZONING ORDINANCE AND SECTION 5.2 OF THE 6 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 7 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 8 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 9 REQUIREMENTS AND USE OF HOME SHARING AND 10 SHORT TERM RENTALS 11 12 Sections Amended: City Zoning Ordinance Sections 111, 13 401, 501, 601, 901, 1110, 1125, 1521, and 2203 and 14 Oceanfront Resort District Form-Based Code Section 5.2 15 16 Sections Added: City Zoning Ordinance Sections 209.6 and 17 241.2 18 19 WHEREAS, the public necessity, convenience, general welfare and good zoning 20 practice so require; 21 22 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 23 BEACH, VIRGINIA: 24 25 That Sections 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the City 26 Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code 27 are hereby amended and reordained, and Sections 209.6 and 241.2 of the City Zoning 28 Ordinance are hereby added and ordained, to read as follows: 29 30 Sec. 111. Definitions. 31 32 33 34 Home sharing. A dwelling in which a room or rooms are offered for rental for 35 compensation for a period of thirty (30) consecutive days or less by an owner who 36 utilizes the dwelling as his principal residence and occupies the dwelling during any 37 such rental. 38 39 40 41 Hotel and motel. A building or group of attached or detached buildings containing 42 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units, 43 and for which compensation is exchanged for short-term occupancy of the dwelling or 44 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 45 registration and keeping of records relating to hotel guests. This tcrm alto includoc 46 metals 47 48 49 50 Principal residence. Principal residence shall be the location where a person 51 lives fifty (50) percent or more of the time. 52 53 . . . . 54 55 Short term rental. A dwelling that does not meet the definition of home sharing in 56 which a room or rooms, or the entire dwelling are rented for thirty (30) consecutive days 57 or less for compensation. 58 59 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 60 ALL DISTRICTS 61 62 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 63 PARKING, OFF-STREET LOADING, AND CERTAIN USES 64 65 66 67 Sec. 209.6. Home sharing. 68 69 1. All parking must be provided on the property in which the home sharing is 70 located• 71 72 2. No noise shall be created in excess of what is normally expected in a 73 residential neighborhood• 74 75 3. No additional traffic shall be created in excess of what is normally expected 76 in a residential neighborhood• 77 78 4. The owner must provide contact information sufficient to allow the city to 79 communicate with the owner occupying the dwelling at all times during the 80 rental period 81 82 5. To the extent permitted by state law, each dwelling offered as a home share 83 must maintain registration with the Commissioner of Revenue's office and 84 pay all applicable taxes. Adjudicated violations of three (3) applicable 85 federal, state or local laws or regulations may result in the revocation of said 86 registration. 87 88 6. There shall be posted in a conspicuous place within the dwelling the 89 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 2 90 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 91 (fireworks)' 92 93 7. All refuse shall be placed in automated refuse receptacles, where provided 94 and comply with the requirements of City Code Sections 31-26, 31-27 and 95 31-28; 96 97 8. There shall be no more than one (1) rental contract during any consecutive 98 seven (7) day period 99 100 9. The owner shall provide proof of liability insurance applicable to the rental 101 activity of at least one million dollars ($1,000,000.00) underwritten by 102 insurers acceptable to the city- 103 ity103 104 10. All emergency exits in the structure shall be clearly marked; and 105 106 11.The City may inspect the property at any reasonable time, after notice, to 107 verify compliance with the provisions listed above. 108 109 C. CONDITIONAL USES AND STRUCTURES 110 111 112 113 Sec. 241.2 Short term rental. 114 115 1. All parking must be provided on the property in which the short term rental is 116 located: 117 118 2. No noise shall be created in excess of what is normally expected in a 119 residential neighborhood 120 121 3. No additional traffic shall be created in excess of what is normally expected 122 in a residential neighborhood- 123 124 4. No events with more than fifty (50) people present, shall be held absent a 125 special events permit. Events with more than fifty (50) people are limited to 126 no more than three (3) events in a calendar year. No more than one 127 hundred (100) people shall be present at any event held on the property' 128 129 5. The owner or the owner's agent must be identified and able to be present 130 on site within thirty (30) minutes of being contacted at all times during the 131 rental period 3 132 133 6. No signage shall be on site, except that each short term rental is allowed 134 one (1), one-foot by one-foot sign, posted on the building, that identifies the 135 short term rental: 136 137 7. To the extent permitted by state law, each short term rental must maintain 138 registration with the Commissioner of Revenue's office and pay all 139 applicable taxes. Adjudicated violations of three (3) applicable local, state 140 or federal laws or regulations may result in the revocation of said 141 registration 142 143 8. There shall be posted in a conspicuous place within the dwelling the 144 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 145 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 146 (fireworks)' 147 148 9. All refuse shall be placed in automated refuse receptacles, where provided 149 and comply with the requirements of City Code Sections 31-26, 31-27 and 150 31-28' 151 152 10.There shall be no more than one (1) rental contract during any consecutive 153 seven (7) day period' 154 155 11.The owner shall provide proof of liability insurance applicable to the rental 156 activity of at least one million dollars ($1,000,000.00) underwritten by 157 insurers acceptable to the city- 158 159 12.The maximum number of persons on the property after 11:00 P.M. and 160 before 7:00 a.m. shall be two (2) individuals per bedroom plus four (4) 161 additional persons' 162 163 13.Any short term rental that has paid transient occupancy taxes to the 164 Commissioner of the Revenue prior to January 1, 2017 shall be considered 165 qrandfathered and shall not be required to obtain a Conditional Use Permit 166 where otherwise required, but must meet the conditions of section 241.2. 167 Any expansion of the footprint of the dwelling housing the short term rental 168 shall repeal the qrandfathered status of the short term rental and require a 169 conditional use permit for such use: 170 171 14.AII emergency exits in the structure shall be clearly marked; and 172 173 15.The City may inspect the property at any reasonable time, after notice, to 174 verify compliance with the provisions listed above. 4 175 176 ARTICLE 4. - AGRICULTURAL DISTRICTS 177 178 (a) Principal and conditional uses. The following chart lists those uses permitted 179 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 180 respective agricultural districts shall be permitted as either principal uses indicated by a 181 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 182 shall be prohibited in the respective districts. No uses or structures other than as 183 specified shall be permitted. 184 Use AG-1 AG-2 Home sharing meeting the requirements of section 209_6 P P Short term rental C C 185 186 (b) Accessory uses and structures. Uses and structures which are customarily 187 accessory and clearly incidental and subordinate to principal uses and structures, 188 including but not limited to, an accessory activity operated for profit in a residential 189 dwelling unit where (i) there is no change in the outside appearance of the building or 190 premises or any visible or audible evidence detectable from outside the building lot, 191 either permanently or intermittently, of the conduct of such business except for one (1) 192 nonilluminated sign not more than one (1) square foot in area mounted flat against the 193 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 194 by such activity in greater volumes than would normally be expected in the 195 neighborhood, and any need for parking generated by the conduct of such activity is 196 met off the street and other than in a required front yard; (iii) the activity is conducted on 197 the premises which is the bona fide residence of the principal practitioner, and no 198 person other than members of the immediate family occupying such dwelling units is 199 employed in the activity; (iv) such activity is conducted only in the principal structure on 200 the lot; (v) there are no sales to the general public of products or merchandise from the 201 home, except for agricultural products, or agricultural-related products, incidental to an 202 agricultural operation on which the dwelling unit is located; and (vi) the activity is 203 specifically designed or conducted to permit no more than one (1) patron, customer, or 204 pupil to be present on the premises at any one time. Notwithstanding the provisions of 205 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 206 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 207 persons on the premises at any one time in connection with the performance of such 208 rites, provided that all other requirements of subdivision (b)(2) are met. The following 5 209 are specifically prohibited as accessory activities: Convalescent or nursing homes, 210 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 211 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 212 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 213 accessory use to the dwelling. 214 215 216 217 ARTICLE 5. RESIDENTIAL DISTRICTS. 218 219 220 221 Sec. 501. Use regulations. 222 223 (a) Principal and conditional uses. The following chart lists those uses permitted 224 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 225 respective residential districts shall be permitted as either principal uses indicated by a 226 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 227 shall be prohibited in the respective districts. No uses or structures other than as 228 specified shall be permitted. 229 Uses Residential Districts R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Home sharing meetinq the PPPPPP PPP P requirements of section 209.6 Short term rental CC CC C C C C C C 230 231 (b) Accessory uses and structures. Uses and structures which are customarily 232 accessory and clearly incidental and subordinate to principal uses and structures and 233 where such accessory structures do not exceed the height of the principal structure and, 234 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 6 235 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 236 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 237 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 238 the principal structure. Such accessory uses and structures include but are not limited 239 to: 240 241 242 (7) Rental of rooms in a dwelling or the entire dwelling for more than thirty 243 (30) consecutive days is an accessory use to the dwelling. 244 245 ARTICLE 6. - APARTMENT DISTRICTS 246 247 248 249 Sec. 601. - Use regulations. 250 251 (a) Principal and conditional uses. The following chart lists those uses permitted 252 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 253 respective apartment districts shall be permitted as either principal uses indicated by a 254 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 255 shall be prohibited in the respective districts. No uses or structures other than as 256 specified shall be permitted. 257 Use A-12 A-18 A-24 A-36 Home sharing meeting the requirements of section 209.6 CCCC Short term rental CCCC 258 259 (b) Accessory uses and structures. Uses and structures which are customarily 260 accessory and clearly incidental and subordinate to principal uses and structures, 261 including but not limited to: 262 263 . . . . 264 265 (3) Rental of rooms in a dwelling or the entire dwelling for more than thirty 266 (30) consecutive days is an accessory use to the dwelling. 267 268 269 270 ARTICLE 9. - BUSINESS DISTRICTS 271 272 273 274 Sec. 901. - Use regulations. 275 276 (a) Principal and conditional uses. The following chart lists those uses permitted 277 within the B-1 through B-4K Business Districts. Those uses and structures in the 278 respective business districts shall be permitted as either principal uses indicated by a 279 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 280 shall be prohibited in the respective districts. No uses or structures other than as 281 specified shall be permitted. 282 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K Home sharing meeting the requirements of section X X XXPP P 209.6 Short term rental X X XXCC C 283 284 (b) Accessory uses and structures. Uses and structures which are customarily 285 accessory and clearly incidental and subordinate to the principal uses and structures, 286 including, but not limited to: 287 288 289 290 (2.) Rental of rooms in a dwelling or the entire dwelling for more than thirty 291 (30) consecutive days is an accessory use to the dwelling. 292 293 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 294 295 Sec. 1110. - Land use regulation. 296 297 . . 298 299 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 300 A-12 Apartment District other than hospitals and sanitariums, together with the 301 following enumerated uses and structures, shall be permitted: 8 302 303 (1) Fraternity and sorority houses, student dormitories and student centers; 304 305 (2) Housing for seniors and disabled persons, with a conditional use permit; 306 307 (3) Marinas; 308 309 (4) Private clubs or social centers provided that clubs where conduct of commercial 310 affairs is a principal activity shall not be permitted; and 311 312 (5) Residential care for seniors, provided that no more than two (2) employees 313 including a bona fide resident of the dwelling shall be permitted.-; and 314 315 (ti Home sharing meeting the requirements of section 209.6. 316 317 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 318 319 (1) Communication towers; 320 321 (2) Family day-care homes; 322 323 (3) Group homes; 324 325 (4) Kennels, residential; 326 327 (5) Religious uses; 328 329 (6) Wind energy conversion systems, free standing and roof-mounted; and 330 331 (7) Home-based wildlife rehabilitation facilities, provided that the principal 332 structure is a single-family dwelling and the lot is greater than two thousand 333 five hundred (2,500) square feet: nd 334 335 a) Short term rental. 336 337 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 338 339 340 341 Sec. 1125. - Allowed uses. 342 343 Within the PD-H2 District, only the following uses and structures shall be permitted: 344 345 (a) Principal uses and structures. 346 347 (1) Dwelling units of the types specified in the land use plan; 348 9 349 (2) Public buildings, structures, and other public uses; 350 351 (3) Recreational facilities of the type described in the plan; 352 353 (4) Child care education centers, in connection with public or private 354 elementary schools or churches, provided that such uses shall not be 355 eligible for residential density credit; 356 357 (5) Day-care centers, provided that such uses shall not be eligible for 358 residential density credit; 359 360 (6) Public utilities installations and substations; provided offices or storage or 361 maintenance facilities shall not be permitted; and provided, further, that 362 utilities substations, other than individual transformers, shall be surrounded 363 by a wall, solid except for entrances and exists, or by a fence with a 364 screening hedge five (5) to six (6) feet in height; and provided also, 365 transformer vaults for underground utilities and like uses shall require only 366 a landscaped screening hedge, solid except for access opening-and 367 368 Q Home sharing meeting the requirements of section 209.6. 369 370 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 371 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 372 a dwelling or the entire dwelling for more than 30 consecutive days is an accessory use 373 to the dwelling. 374 375 (c) Conditional uses. 376 377 (1) Religious uses, provided that such use shall not be eligible for residential 378 density credit; 379 380 (2) Family day-care homes; foster homes and group homes, provided that such 381 uses shall not be eligible for residential density credit; 382 383 (3) Home occupations..-; 384 385 (4) Housing for seniors and disabled persons,. and 386 387 (5) Short term rental. 388 389 390 391 C. RT-3 RESORT TOURIST DISTRICT 392 393 . . . . 394 395 Sec. 1521. Use regulations. 10 396 397 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 398 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 399 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 400 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 401 buildings within the RT-3 District may include any principal or conditional uses in 402 combination with any other principal or conditional use. No uses or structures other than 403 those specified shall be permitted. All uses, whether principal or conditional, should to 404 the greatest extent possible adhere to the provisions of the Special Area Design 405 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 406 Plan. 407 Use RT-3 Home sharing meeting the requirements of section 209.6 P Short term rental C 408 409 (b) Accessory uses and structures : Uses and structures which are customarily 410 accessory and clearly incidental and subordinate to the principal uses and structures; 411 provided, however, that drive-through facilities shall not be permitted as an accessory 412 use: 413 414 415 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 416 (30) consecutive days is an accessory use to the dwelling. 417 418 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 419 420 421 422 B. - DEVELOPMENT REGULATIONS 423 424 425 426 Sec. 2203. - Use regulations. 427 428 (a) The following chart lists those uses permitted within the Central Business Core 429 District. Uses and structures shall be allowed either as principal uses, indicated by a 11 430 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 431 shall be prohibited, unless allowed by special exception for Alternative Compliance 432 pursuant to Section 2205. No uses or structures other than as specified herein or as 433 allowed pursuant to subsection (b) shall be permitted. 434 Use District CBC Home sharing meeting the requirements of section 209.6 P Short term rental 435 436 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 437 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 438 use permitted by this section, either as a principal or conditional use. In determining 439 whether a proposed use is similar to a listed use, the Zoning Administrator shall 440 consider (1) the actual or projected characteristics of the proposed use in comparison 441 to those of the most similar listed use; and (2) the categorization of the proposed use 442 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 443 rooms in a dwelling or the entire dwelling for more than thirty (30) consecutive days is 444 an accessory use to the dwelling. 445 446 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 447 448 Sec. 5.2. Permitted Use Table. 449 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground I Upper Ground All Floorsoord Upper All Floors All Floors Use Standard III Fl USE Floor I Floors Floor Floor Floors 1 /Notes LODGING Home e sea n = L = — L L L See Sec.209.5 meeting the requirements of section 209.6 meeting the requirements of Section 2096 Shod term rental -- C C C C _ See Sec.241.2 12 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 , Planning D-partmen City Attorney's Office CA14135 R-10 November 2, 2017 13 1 ALTERNATIVE 3 2 3 AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 4 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 5 ZONING ORDINANCE AND SECTION 5.2 OF THE 6 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 7 AND ADD SECTION 209.6 OF THE CITY ZONING 8 ORDINANCE PERTAINING TO THE DEFINITION, 9 REQUIREMENTS AND USE OF ACCESSORY USE- 10 SHORT TERM RENTAL 11 12 Sections Amended: City Zoning Ordinance Sections 111, 13 401, 501, 601, 901, 1110, 1125 and 1521 and Oceanfront 14 Resort District Form-Based Code Section 5.2 15 16 Sections Added: City Zoning Ordinance Section 209.6 17 18 WHEREAS, the public necessity, convenience, general welfare and good zoning 19 practice so require; 20 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That Sections 111, 401, 501, 601, 901, 1110, 1125 and 1521 of the City Zoning 25 Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code are 26 hereby amended and reordained, and Section 209.6 of the City Zoning Ordinance is 27 hereby added and ordained, to read as follows: 28 29 ARTICLE 1. GENERAL PROVISIONS 30 31 32 33 Sec. 111. Definitions. 34 35 . . . . 36 37 Home occupation. The conduct of a business in a residential dwelling unit 38 where all of the following characteristics are present: 39 40 (a) The use of the dwelling unit for the business is clearly incidental and 41 subordinate to its use for residential purposes by its occupants. 42 43 (b) There is no change in the outside appearance of the building or premises or 44 any visible or audible evidence detectable from outside the building lot, 45 either permanently or intermittently, of the conduct of such business except 46 for an identification sign regulated by this ordinance. 47 48 (c) The home occupation is conducted on the premises which is the bona fide 49 residence of the principal practitioner, and no more than one (1) person 50 other than a member of the immediate family occupying such dwelling unit 51 is employed in the business. 52 53 (d) There are no sales to the general public of products or merchandise from 54 the home. 55 56 (e) The use does not qualify as an accessory use as defined by this ordinance. 57 58 59 60 Short term rental. A dwelling in which a room or rooms or the entire dwelling are 61 rented for thirty (30) consecutive days or less for monetary compensation, and which is 62 an accessory use in any dwelling unit. 63 64 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 65 ALL DISTRICTS 66 67 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 68 PARKING, OFF-STREET LOADING, AND CERTAIN USES 69 70 . . . . 71 72 Sec. 209.6. Accessory use-short term rental. 73 74 1. All parking must be provided on the property in which the home occupation- 75 short term rental is located 76 77 2. No noise shall be created in excess of what is normally expected in a 78 residential neighborhood• 79 80 3. No additional traffic shall be created in excess of what is normally expected 81 in a residential neighborhood- 82 83 4. No events with more than fifty (50) people present, shall be held absent a 84 special events permit. Events with more than fifty (50) people are limited to 85 no more than three (3) events in a calendar year. No more than one 86 hundred (100) people shall be present at any event held on the property' 87 88 5. The owner or the owner's agent must be identified and able to be present 89 on the site within thirty (30) minutes of being contacted- 90 2 91 6. No signage shall be on site, except that each short term rental-home 92 occupation is allowed one (1), one-foot by one-foot sign, posted on the 93 building, that identifies the accessory use-short term rental. 94 95 7. To the extent permitted by state law, each dwelling offered as an 96 accessory use-short term rental must maintain registration with the 97 Commissioner of Revenue's office and pay all applicable taxes. 98 Adjudicated violations of three (3) applicable local, state or federal laws or 99 regulations may result in the revocation of said registration. 100 101 8. There shall be posted in a conspicuous place within the dwelling the 102 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 103 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 104 (fireworks)' 105 106 9. All refuse shall be placed in automated refuse receptacles, where provided 107 and comply with the requirements of City Code Sections 31-26, 31-27 and 108 31-28. 109 110 10. There shall be no more than one (1) rental contract during any seven (7) 111 day period 112 113 11. The owner shall provide proof of liability insurance applicable to the rental 114 activity of at least one million dollars ($1,000,000.00) underwritten by 115 insurers acceptable to the city 116 117 12. The maximum number of persons on the property after 11:00 p.m. and 118 before 7:00 a.m. shall be two (2) individuals per bedroom plus four (4) 119 additional persons 120 121 13. All emergency exits in the structure shall be clearly marked; and 122 123 14. The City may inspect the property at any reasonable time, after notice, to 124 verify compliance with the provisions listed above. 125 126 127 128 ARTICLE 4. - AGRICULTURAL DISTRICTS 129 130 (a) Principal and conditional uses. The following chart lists those uses permitted 131 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 132 respective agricultural districts shall be permitted as either principal uses indicated by a 133 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 3 134 shall be prohibited in the respective districts. No uses or structures other than as 135 specified shall be permitted. 136 Use AG- AG- 1 2 Acc▪ essory use-short term rental meeting the requirements of section P P 209.6 Hom▪ e occupations, including those conducted outside the principal C C structures 137 138 (b) Accessory uses and structures. Uses and structures which are customarily 139 accessory and clearly incidental and subordinate to principal uses and structures, 140 including but not limited to, an accessory activity operated for profit in a residential 141 dwelling unit where (i) there is no change in the outside appearance of the building or 142 premises or any visible or audible evidence detectable from outside the building lot, 143 either permanently or intermittently, of the conduct of such business except for one (1) 144 nonilluminated sign not more than one (1) square foot in area mounted flat against the 145 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 146 by such activity in greater volumes than would normally be expected in the 147 neighborhood, and any need for parking generated by the conduct of such activity is 148 met off the street and other than in a required front yard; (iii) the activity is conducted on 149 the premises which is the bona fide residence of the principal practitioner, and no 150 person other than members of the immediate family occupying such dwelling units is 151 employed in the activity; (iv) such activity is conducted only in the principal structure on 152 the lot; (v) there are no sales to the general public of products or merchandise from the 153 home, except for agricultural products, or agricultural-related products, incidental to an 154 agricultural operation on which the dwelling unit is located; and (vi) the activity is 155 specifically designed or conducted to permit no more than one (1) patron, customer, or 156 pupil to be present on the premises at any one time. Notwithstanding the provisions of 157 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 158 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 159 persons on the premises at any one time in connection with the performance of such 160 rites, provided that all other requirements of subdivision (b)(2) are met. The following 161 are specifically prohibited as accessory activities: Convalescent or nursing homes, 162 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 163 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 164 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 165 accessory use. 4 166 167 (b.1) Accessory use-short term rental. A use that meets the requirements of Section 168 209.6. 169 170 171 172 ARTICLE 5. RESIDENTIAL DISTRICTS. 173 174 175 176 Sec. 501. Use regulations. 177 178 (a) Principal and conditional uses. The following chart lists those uses permitted 179 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 180 respective residential districts shall be permitted as either principal uses indicated by a 181 "P" or as conditional uses indicated by a "C" Uses and structures indicated by an "X" 182 shall be prohibited in the respective districts. No uses or structures other than as 183 specified shall be permitted. 184 Uses Residential Districts R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Accessory use-short term rental PP P PP P P P P P meeting the requirements of section 209.6 CCCCC C C C C C Home occupation 185 186 (b) Accessory uses and structures. Uses and structures which are customarily 187 accessory and clearly incidental and subordinate to principal uses and structures and 188 where such accessory structures do not exceed the height of the principal structure and, 189 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 190 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 191 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 5 192 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 193 the principal structure. Such accessory uses and structures include but are not limited 194 to: 195 196 197 (7l Rental of rooms in a dwelling or the entire dwelling for more than thirty 198 (30) consecutive days is an accessory use. 199 200 (b.1) Accessory use-short term rental. A use that meets the requirements of Section 201 209.6. 202 203 ARTICLE 6. - APARTMENT DISTRICTS 204 205 206 207 Sec. 601. - Use regulations. 208 209 (a) Principal and conditional uses. The following chart lists those uses permitted 210 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 211 respective apartment districts shall be permitted as either principal uses indicated by a 212 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 213 shall be prohibited in the respective districts. No uses or structures other than as 214 specified shall be permitted. 215 Use A- A- A- A- 12 18 24 36 Accessory use-short term rental meeting the requirements of PPP P section 209.6 Home occupation CCCC 216 217 (b) Accessory uses and structures. Uses and structures which are customarily 218 accessory and clearly incidental and subordinate to principal uses and structures, 219 including but not limited to: 220 221 . . . . 222 223 (3) Rental of rooms in a dwelling or the entire dwelling for more than thirty 224 (30) consecutive days is an accessory use. 6 225 226 (b.1) Accessory use-short term rental. A use that meets the requirements of Section 227 209.6. 228 229 230 231 ARTICLE 9. - BUSINESS DISTRICTS 232 233 234 235 Sec. 901. - Use regulations. 236 237 (a) Principal and conditional uses. The following chart lists those uses permitted 238 within the B-1 through B-4K Business Districts. Those uses and structures in the 239 respective business districts shall be permitted as either principal uses indicated by a 240 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 241 shall be prohibited in the respective districts. No uses or structures other than as 242 specified shall be permitted. 243 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K Accessory use-short term rental meeting the X X XXP P P requirements of section 209.6 Home occupations X X XXCC C 244 245 (b) Accessory uses and structures. Uses and structures which are customarily 246 accessory and clearly incidental and subordinate to the principal uses and structures, 247 including, but not limited to: 248 249 250 251 LZ) Rental of rooms in a dwelling or the entire dwelling for more than thirty 252 (30) consecutive days is an accessory use. 253 254 (b.1) Accessory use-short term rental. A use that meets the requirements of Section 255 209.6. 256 7 257 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 258 259 260 261 Sec. 1125. - Allowed uses. 262 263 Within the PD-1-12 District, only the following uses and structures shall be permitted: 264 265 (a) Principal uses and structures. 266 267 (1) Dwelling units of the types specified in the land use plan; 268 269 (2) Public buildings, structures, and other public uses; 270 271 (3) Recreational facilities of the type described in the plan; 272 273 (4) Child care education centers, in connection with public or private 274 elementary schools or churches, provided that such uses shall not be 275 eligible for residential density credit; 276 277 (5) Day-care centers, provided that such uses shall not be eligible for 278 residential density credit; 279 280 (6) Public utilities installations and substations; provided offices or storage or 281 maintenance facilities shall not be permitted; and provided, further, that 282 utilities substations, other than individual transformers, shall be surrounded 283 by a wall, solid except for entrances and exits, or by a fence with a 284 screening hedge five (5) to six (6) feet in height; and provided also, 285 transformer vaults for underground utilities and like uses shall require only 286 a landscaped screening hedge, solid except for access opening:: and 287 288 (7) Accessory use-short term rental meeting the requirements of section 209.6. 289 290 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 291 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 292 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 293 accessory use. 294 295 296 297 C. RT-3 RESORT TOURIST DISTRICT 298 299 . . . . 300 301 Sec. 1521. Use regulations. 302 8 303 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 304 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 305 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 306 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 307 buildings within the RT-3 District may include any principal or conditional uses in 308 combination with any other principal or conditional use. No uses or structures other than 309 those specified shall be permitted. All uses, whether principal or conditional, should to 310 the greatest extent possible adhere to the provisions of the Special Area Design 311 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 312 Plan. Use RT-3 P Accessory use-short term rental meeting the requirements of section 209.6 C Home occupations 313 314 (b) Accessory uses and structures : Uses and structures which are customarily 315 accessory and clearly incidental and subordinate to the principal uses and structures; 316 provided, however, that drive-through facilities shall not be permitted as an accessory 317 use: 318 319 320 321 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 322 (30) consecutive days is an accessory use. 323 324 (b.1) Accessory use-short term rental. A use that meets the requirements of Section 325 209.6. 326 327 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 328 329 . . . . 330 331 B. - DEVELOPMENT REGULATIONS 332 333 . . . . 334 335 Sec. 2203. - Use regulations. 9 336 337 (a) The following chart lists those uses permitted within the Central Business Core 338 District. Uses and structures shall be allowed either as principal uses, indicated by a 339 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 340 shall be prohibited, unless allowed by special exception for Alternative Compliance 341 pursuant to Section 2205. No uses or structures other than as specified herein or as 342 allowed pursuant to subsection (b) shall be permitted. 343 Use District CBC Accessory use-short term rental meeting the requirements of section 209.6 C Home occupations 344 345 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 346 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 347 use permitted by this section, either as a principal or conditional use. In determining 348 whether a proposed use is similar to a listed use, the Zoning Administrator shall 349 consider (1) the actual or projected characteristics of the proposed use in comparison 350 to those of the most similar listed use; and (2) the categorization of the proposed use 351 in the Standard Land Use Coding Manual (First Edition January 1965). 352 353 (b.1) Rental of rooms in a dwelling or the entire dwelling for more than thirty (30) 354 consecutive days is an accessory use. 355 356 (b.2) Accessory use-short term rental. A use that shall meet the requirements of 357 Section 209.6. 358 359 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 360 361 362 363 Sec. 5.2. Permitted Use Table. 364 MIXED-USE - COMMERCIAL APARTMENT ROW HOUSE DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE BUILDING 10 Ground Upper Ground Floor All Floors Ground Upper Use Standard USE Floor Floors Floor Floors All Floors All Floors Notes LODGING Nome Occupation -- L — L L L L -- See Sec.234 Accessory use _ L - o L L L -- See Sec 209 6 short term rental meetey the requirements of section 269 6 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS T,OILE,GALL SUFFICIENCY: ill Planning epartment City Attorney's Office CA14135 R-10 November 14, 2017 11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ADD ARTICLE 23, CONSISTING OF SECTIONS 2300 THROUGH 2303, (SHORT TERM RENTAL OVERLAY DISTRICT)TO THE CITY ZONING ORDINANCE ESTABLISHING REGULATIONS AND REQUIREMENTS PERTAINING TO SHORT TERM RENTALS MEETING DATE: January 16, 2018 ■ Background: Based on the resolution adopted by the City Council on January 9'h to allow additional time for the Planning Commission to consider the alternative ordinances, this item is recommended for deferral. Since 2016, the City of Virginia Beach has been working towards establishing an Ordinance to address short-term rentals (rental of thirty days or less.) Using input and recommendations from the Beaches and Waterways Commission regarding event homes, and from the On-Line Home Sharing Ad Hoc Committee's recommendation to City Council, Staff drafted three ordinances. Alternative ordinance number one would establish an overlay district, in which homes being used for short-term rentals would not require a Conditional Use Permit. This amendment would create a new section in the Zoning Ordinance to address the regulations of this overlay district, should City Council adopt a short-term rental ordinance that incorporates an overlay district. • Considerations: This amendment is only valid should City Council adopt a short-term rental ordinance that incorporates an overlay district. If that is the case, this amendment would set the requirements and restrictions for short-term rentals within the overlay district, and therefore address possible negative impacts from this land use. Further details pertaining to the amendments, as well as Staff's evaluation are provided in the attached Staff report. Opposition was present at the public hearing. • Recommendations: City Staff recommends deferral. The Planning Commission passed a motion by a recorded vote of 11-0, to recommend deferral of this request until their February meeting. • Attachments: Staff Report Ordinance City of Virginia Beach —Short-Term Rental Overlay District Page 2 of 2 Recommended Action: Staff recommends Deferral. Planning Commission recommends Deferral. Submitting Depa e - cy: Planning Department r City Manager: 1 e' • Agenda Items Applicant City of Virginia Beach A e PAIR_ Hearing December 13, 2017 1. 1 & 12 Short Term Rental Overlay District Virginia Beach Requests Item 11: An ordinance to add Article 23, consisting of Sections 2300 through 2303,(short term rental overlay district)to the City Zoning Ordinance establishing regulations and requirements pertaining to short term rentals. Item 12: An ordinance to amend the official zoning may by the designation and incorporation of property into the short term rental overlay district. Summary of Request As described previously in agenda item number 10,Alternative ordinance 1 regarding short term rentals would establish a "short term rental overlay district."This overlay district would permit short term rentals by-right. Any short term rental located outside the overlay district would require a conditional use permit. The purpose of this overlay district is to address the large number of properties currently being used as short term rentals.This involves properties predominately located in Sandbridge, the North-End and along Shore Drive.The establishment of this overlay district would significantly reduce the number of conditional use permits that are required, should Alternative Ordinance 1 be adopted by City Council. Recommendation Staff does not have a recommendation regarding these items. Should Planning Commission recommend Alternative Ordinance 1,Staff will support the establishment of the short term rental overlay district. City of Virginia Beach Agenda Items 11&12 Page 1 1 AN ORDINANCE TO ADD ARTICLE 23, 2 CONSISTING OF SECTIONS 2300 THROUGH 2303, 3 (SHORT TERM RENTAL OVERLAY DISTRICT) TO 4 THE CITY ZONING ORDINANCE ESTABLISHING 5 REGULATIONS AND REQUIREMENTS 6 PERTAINING TO SHORT TERM RENTALS 7 8 Sections Added: City Zoning Ordinance Sections 9 2300 - 2303 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Article 23 of the City Zoning Ordinance, consisting of Sections 2300 through 18 2303, is hereby added and ordained to read as follows: 19 20 ARTICLE 23. SHORT TERM RENTAL OVERLAY DISTRICT 21 22 Sec. 2300. Findings; intent. 23 24 The City Council hereby finds that there are certain areas of the City in which 25 residential dwellings are, and historically have been, rented to vacationers or others on 26 a short term basis. In these areas, the City Council finds that such uses, when 27 appropriately regulated, may be carried on without adversely affecting the quiet 28 enjoyment of neighboring properties. In other areas of the City, short term rentals are 29 not compatible with the residential use of the surrounding properties and are often the 30 cause of excessive noise, illegal or improper parking, traffic violations, congestion and 31 litter, thereby interfering with the quiet enjoyment of the residential neighborhood in 32 which they occur The provisions of this Article allow short term rentals, with appropriate 33 restrictions, only in those areas in which short term rentals may be carried on without 34 adversely affecting the quiet enioyment of neighboring properties. 35 36 37 Sec. 2301. District boundaries. 38 39 The Short Term Rental Overlay District boundaries shall be as designated on the 40 official zoning map of the city(STR). 41 42 Sec. 2302. Application of regulations. 43 44 The designation of any property as lying within the Short Term Rental Overlay 45 District shall be in addition to, and not in lieu of, the underlying zoning district 46 classification of such property, such that any property situated in the Short Term Rental 47 Overlay District shall also lie within one or more of the zoning districts enumerated in 48 Section 102(a) of this ordinance. All such property shall be subiect to the requirements 49 of this Article as well as to all other regulations applicable to it, and to the extent that 50 any provision of this Article conflicts with any other ordinance or regulation, the 51 provision of this Article shall control. 52 53 Sec. 2303. Use regulations. 54 55 (a) Subiect to general requirements and to the regulations of the underlying 56 zoning district, all uses and structures permitted as principal, conditional or accessory 57 uses in the underlying zoning district in which they are located shall be permitted 58 within the Short Term Rental Overlay District. 59 60 (b) Short term rentals shall be a permitted use, if they comply with the 61 requirements of City Zoning Ordinance § 241.2. 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i21911-'"-6-)4 Planning Dep rtment City Attorney's Office CA14136 R-2 October 24, 2017 2 [ 40*,ci Ae ;,, ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP BY THE DESIGNATION AND INCORPORATION OF PROPERTY INTO THE SHORT TERM RENTAL OVERLAY DISTRICT MEETING DATE: January 16, 2018 • Background: Based on the resolution adopted by the City Council on January 9th to allow additional time for the Planning Commission to consider the alternative ordinances, this item is recommended for deferral. City Staff has drafted three alternative ordinances addressing short-term rentals. Alternative ordinance number one would establish an overlay district, in which homes being used for short-term rentals would not require a Conditional Use Permit. This amendment would amend the official zoning map to include the short- term renal overlay district, should City Council adopt a short-term rental ordinance that incorporates an overlay district. ■ Considerations: This amendment is only valid should City Council adopt a short-term rental ordinance that incorporates an overlay district. If that is the case, this amendment would set the boundaries of the overlay district. The overlay district would likely include areas where short-term rentals have historically operated. Further details pertaining to the amendments, as well as Staffs evaluation are provided in the attached Staff report. Opposition was present at the public hearing. • Recommendations: City Staff recommends deferral. The Planning Commission passed a motion by a recorded vote of 11-0, to recommend deferral of this request until the February Planning Commission meeting. • Attachments: Staff Report Ordinance City of Virginia Beach -Short-Term Rental Overlay Map Page 2 of 2 Recommended Action: Staff recommends Deferral. Planning Commission recommends Deferral. Submitting Der . e • * r ncy: Planning Department L� - J City Manager: IN-S\ 1. Agenda Items Applicant City of Virginia Beach A g PLANK_ Hearing December 13, 2017 11 & 12 Short Term Rental Overlay District Virginia Beach Requests Item 11: An ordinance to add Article 23,consisting of Sections 2300 through 2303, (short term rental overlay district)to the City Zoning Ordinance establishing regulations and requirements pertaining to short term rentals. Item 12: An ordinance to amend the official zoning may by the designation and incorporation of property into the short term rental overlay district. Summary of Request As described previously in agenda item number 10,Alternative ordinance 1 regarding short term rentals would establish a "short term rental overlay district."This overlay district would permit short term rentals by-right.Any short term rental located outside the overlay district would require a conditional use permit. The purpose of this overlay district is to address the large number of properties currently being used as short term rentals.This involves properties predominately located in Sandbridge,the North-End and along Shore Drive.The establishment of this overlay district would significantly reduce the number of conditional use permits that are required, should Alternative Ordinance 1 be adopted by City Council. Recommendation Staff does not have a recommendation regarding these items. Should Planning Commission recommend Alternative Ordinance 1,Staff will support the establishment of the short term rental overlay district. City of Virginia Beach Agenda Items 11& 12 Page 1 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE DESIGNATION AND 3 INCORPORATION OF PROPERTY INTO THE 4 SHORT TERM RENTAL OVERLAY DISTRICT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That the official zoning map of the City of Virginia Beach be, and hereby is, 13 amended by the designation and incorporation of the areas attached hereto and made a 14 part hereof, having been, displayed to City Council and on file in the Department of 15 Planning as the short term rental overlay district. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Le lanning Department City Attorney's Office CA14137 R-1 August 30, 2017 [ I riait„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY ZONING ORDINANCE AND SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT FORM-BASED CODE AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY ZONING ORDINANCE PERTAINING TO DEFINITION, REQUIREMENT AND USE OF HOME SHARING AND SHORT TERM RENTALS MEETING DATE: January 16, 2018 • Background: Based on the resolution adopted by the City Council on January 9th to allow additional time for the Planning Commission to consider the alternative ordinances, this item is recommended for deferral. City Staff has drafted three alternative ordinances addressing short-term rentals. Both alternative ordinance number one and two distinguish between "home sharing" (where the property owner is present during the rental period) and "short term rentals" (all other forms of rentals less than 30 days.) In both alternatives, "home sharing" would be permitted by-right, and "short term rentals" would be a conditional use, unless located in the overlay district or grandfathered, should either be alternative be adopted by City Council. • Considerations: This amendment is only valid should City Council adopt an ordinance that distinguishes between "home sharing" and "short term rentals."As drafted by Staff, this would pertain to alternative ordinances number one and two. If one of these alternatives is adopted, this amendment is necessary to clearly define and distinguish between these two types of rentals. Further details pertaining to the amendments, as well as Staff's evaluation are provided in the attached Staff report. Opposition was present at the public hearing. • Recommendations: City Staff recommends deferral. The Planning Commission passed a motion by a recorded vote of 11-0, to recommend deferral of this request until the February Planning Commission meeting. ■ Attachment: Staff Report City VirginiaSharing of Beach —Home and Short Term Rentals Page 2 of 2 Recommended Action: Staff recommends Deferral. Planning Commission recommends Deferral. Submitting De. m- • ,ency: Planning Department 40� gib City Manager: Applicant City of Virginia Beach Agenda Item Public Hearing December 13, 2017 13 Home Occupation — Short Term Rentals 111)14 Virginia Beach Request An ordinance to amend sections 111,401, 501,601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code and add section 209.6 and 241.2 of the City Zoning Ordinance pertaining to definition, requirements and use of Home Sharing and Short Term Rental. Summary of Request As described previously in agenda item number 10, Alternative ordinances 1 and 2 regarding short term rentals would distinguish between home sharing and short term rentals. Home sharing would be permitted by-right,where short term rentals would be a conditional use.This amendment establishes the requirements that need to be met for both uses. The specific requirements are identified in the staff report for agenda item 10. Recommendation Staff does not have a recommendation regarding this item.Should Planning Commission recommend Alternative Ordinance 1 or 2,Staff will support this item. City of Virginia Beach Agenda Item 13 Page 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY ZONING ORDINANCE AND SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT FORM-BASED CODE AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY ZONING ORDINANCE PERTAINING TO DEFINITION, REQUIREMENTS AND USE OF ACCESSORY USE- SHORT TERM RENTALS MEETING DATE: January 16, 2018 ■ Background: Based on the resolution adopted by the City Council on January 91h to allow additional time for the Planning Commission to consider the alternative ordinances, this item is recommended for deferral. City Staff has drafted three alternative ordinances addressing short-term rentals. Alternative ordinance number three does not distinguish between "home sharing" and "short term rentals." All rentals of less than thirty days are considered "short term rentals," and are permitted by-right as an accessory use, provided certain conditions are met. This amendment defines the term and requirements that need to be met to operate a "short term rental." ■ Considerations: This amendment is only valid should City Council adopt alternative ordinance number three. If this alternative ordinance is adopted, this amendment is necessary to clearly define the requirements of operating a short term rental. Further details pertaining to the amendments, as well as Staffs evaluation are provided in the attached Staff report. Opposition was present at the public hearing. • Recommendations: City Staff recommends deferral. The Planning Commission passed a motion by a recorded vote of 11-0, to recommend deferral of this request until the February Planning Commission meeting. • Attachment: Staff Report City of Virginia Beach —Accessory Use- Short Term Rentals Page 2 of 2 Recommended Action: Staff recommends Deferral. Planning Commission recommends Deferral. Submitting De. . en ..ency: Planning Department I�ir City Manager Agenda Item Applicant City of Virginia Beach A g Public Hearing December 13, 2017 Home Occupation — Short Term Rentals 14 ,im"q Virginia Beach Request An ordinance to amend sections 111,401, 501,601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code and add section 209.6 and 241.2 of the City Zoning Ordinance pertaining to definition, requirements and use of Home Occupation-Short Term Rental. Summary of Request As described previously in agenda item number 10,Alternative ordinance 3 regarding short term rentals would classify all short term rentals as home occupations.They would be permitted by right in any zoning district where residential dwellings are permitted.This amendment establishes the requirements that need to be met to operate a "home occupation-short term rental."The specific requirements are identified in the staff report for agenda item 10. Recommendation Staff does not have a recommendation regarding this item. Should Planning Commission recommend Alternative Ordinance 3,Staff will support this item. City of Virginia Beach Agenda Item 14 Page 1 M. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORM WATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS it I O. NEW BUSINESS P. ADJOURNMENT ...................... If you are physically disabled or visually impaired and need assistance at this meeting.please call the CITY CLERK'S OFFICE at(757)385-4303 01/16/18st