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HomeMy WebLinkAbout03-20-2018 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ,1Nu`'B�c MAYOR WILLIAM D.SESSOMS,JR.,At-Large 4 yL VICE MAYOR LOUIS R.JONES,Bayside-District 4 �� S-."`_ " JESSICA P.ABBOTT Kempsville-District 2 1�� M BENJAMIN DAVENPORT,At Large 11 ROBERT M.DYER,Centerville-District 1 BARBARA M.HENLEY,Princess Anne District 7 SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large '`os• 4ti *r "tiC JOHN E.UHRIN,Beach-District 6 °' NA, S°' WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR-LYNDON S.REM/AS March 20, 2018 CITY CLERK-AMANDA BARNES E-MAIL:CITYCOUNCIL@vbgov.com MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 2:00 PM A. FY 2018-19 RESOURCE MANAGEMENT PLAN (Budget) CAPITAL IMPROVEMENT PROGRAM (CIP) 1. PARKS and RECREATION Chad Morris, Interim Director—Parks and Recreation 2. INFORMATION TECHNOLOGY Peter Wallace, Director— Information Technology 3. WATER and SEWER Peter Pommerenk, Planning and Analysis Bureau Manager—Public Utilities B. SHORE DRIVE CORRIDOR; PAST, PRESENT and FUTURE David Jarman, Project Management Supervisor—Public Works C. HOUSING RESOURCE CENTER—Update Andrew Friedman, Director—Housing and Neighborhood Preservation Karen Prochilo, Housing Programs Administrator—Housing and Neighborhood Preservation D. TOURISM INVESTMENT PROGRAM—Update David Bradley, Director—Budget and Management Services E. INTERIM FINANCIAL STATEMENT Patti Phillips, Director—Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:15 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Jack E. Davis Senior Pastor, Tabernacle United Methodist Church 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 February 20, 2018 March 6, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H.PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY (Cafe Franchises) a. Cabana Café 3501 Atlantic Avenue b. Shoreline Café 2809 Atlantic Avenue c. Shoreline Café 2809 Atlantic Avenue d. H2O Café 2705 Atlantic Avenue e. Ocean 27 Café 2701 Atlantic Avenue f. Ocean 27 Café 2701 Atlantic Avenue g. Hemingway's Restaurant Café 2101 Atlantic Avenue h. Rock Fish Café Cafe 1601 Atlantic Avenue i. Ocean's 14 Café 1401 Atlantic Avenue j. Fish Bones Café 1211 Atlantic Avenue k. Waterman's Café 412 Atlantic Avenue 1. 204 Pizza Café 204 22nd Street m. Guad's Café 200 21st Street 2. POLLING PLACE CHANGES a. Change Chimney Hill Precinct to Rosemont Elementary School b. Establish Salem Woods Precinct at Parkway Elementary School c. Establish Sandbridge Precinct at Tabernacle United Methodist Church I. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT thirteen(13) Franchise Agreements for Open Air Cafés in the resort area a. Cabana Café 3501 Atlantic Avenue b. Shoreline Café 2809 Atlantic Avenue c. Shoreline Café 2809 Atlantic Avenue d. H2O Café 2705 Atlantic Avenue e. Ocean 27 Café 2701 Atlantic Avenue f. Ocean 27 Café 2701 Atlantic Avenue g. Hemingway's Restaurant Café 2101 Atlantic Avenue h. Rock Fish Café Cafe 1601 Atlantic Avenue i. Ocean's 14 Café 1401 Atlantic Avenue j. Fish Bones Café 1211 Atlantic Avenue k. Waterman's Café 412 Atlantic Avenue 1. 204 Pizza Café 204 22nd Street m. Guad's Café 200 21st Street 2. Ordinances to AMEND City Code: a. Section 10-1 re POLLING PLACES: 1. Chimney Hill Precinct to Rosemont Elementary School 2. Split Rosemont Forest Precinct and ESTABLISH the Salem Woods Precinct at Parkway Elementary School 3. Split Sigma Precinct and ESTABLISH the Sandbridge Precinct at Tabernacle United Methodist Church b. Section 23-50 re accumulations of trash, garbage, etc., or excessive growth of weeds and grass 3. Ordinance to AUTHORIZE a full-time psychiatrist position and REDUCE capacity of a part- time psychiatrist position in the Department of Human Services 4. Resolution to APPOINT Terri H. Chelius as Chief Deputy City Clerk 5. Resolution to AUTHORIZE the City Manager to EXECUTE an Interim Agreement for Project Development and Operations Planning re the Sports Center Project 6. Resolution regarding the Plight of the People of Puerto Rico in the aftermath of Hurricane Maria 7. Ordinance to ACCEPT and/or APPROPRIATE: a. $1,401,912 surplus Congestion Mitigation and Air Quality funding to CIP #2-418, "Indian River Road/Kempsville Road Intersection Improvements" b. $1,510,769 from surplus Regional Surface Transportation Program funding to CIP #2-152, "Elbow Road Extended Phase II-B" c. $124,358 in miscellaneous Medicaid Revenue to CIP 3-705, "Human Services Client Information IP' d. $118,698 to the Fire Department re purchase of four (4) utility vehicles and updated emergency medical equipment e. $91,000 to Human Services re Complex Care Program Services J. PLANNING 1. TI PROPERTIES, LLC for a Variance to Section 4.4(c)(1) of the Subdivision Regulations re lot width at 2204 Treasure Island Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. C and C DEVELOPMENT CO., INC. / GEORGE & JOYCE CICO for a Variance to Section 4.4(c)(1) of the Subdivision Regulations re lot width and reconfigure two (2) lots at 2606 Arctic Avenue and 400 27th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. ALBA TAXI, LLC. / EDWARD SELAMAJ & BESNIK SELAMAH, for Conditional Use Permits re auto repair garage and bulk storage yard at 1208 Bells Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. CROWS NEST HOLDINGS, LLC., T/A REAVER BEACH BREWING COMPANY/ THOMAS R. BOOZEL for a Conditional Use Permit re craft brewery at 1501 and 1505 Taylor Farm Road, Suites 401, 402, and 403 DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. OLD DONATION EPISCOPAL CHURCH for a Conditional Use Permit re religious use at 4449 North Witchduck Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. STEPHEN LEE ARONSON & MARIE E. ARONSON for a Conditional Use Permit re outdoor recreation facility at 937 Baja Court DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Ordinances re Short Term Rentals: 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 (Alternative 1) 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 (Alternative 1) c. AMEND the Official Zoning Map by the designation and incorporation of property into the Short Term Rental Overlay District (Alternative 1) d. 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 Sections 209.6 and 241.2 of the CZO pertaining to the Definition, Requirement and Use of Home Sharing and Short Term Rentals (Alternative 2) 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 and 241.2 of the CZO pertaining to the Definition, Requirements and Use of Home Sharing and Short Term Rentals (Planning Commission Version of Alternative 2) f. 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 Sections 209.6 and 241.2 of the CZO pertaining to the Definition, Requirements and Use of Accessory Use-Short Term Rentals (Alternative 3) g. 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 (Planning Commission Version of Alternative 3) RECOMMENDATION: DEFER 60 DAYS K. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD PERSONNEL BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. 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 ************************ FY 2018-2019 RESOURCE MANAGEMENT PLAN SCHEDULE CITY MANAGER'S PROPOSED BUDGET PRESENTATION March 27th WORKSHOP April 3'd WORKSHOP April 10th WORKSHOP April 17th WORKSHOP April 24h SPECIAL FORMAL SESSION/PUBLIC HEARING—Convention Center April 25th FORMAL SESSION/PUBLIC HEARING—City Council Chamber May 1st RECONCILIATION WORKSHOP May 8th FORMAL SESSION/ADOPT BUDGET May 15th 03/20/18tc MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 2:00 PM A. FY 2018-19 RESOURCE MANAGEMENT PLAN (Budget) CAPITAL IMPROVEMENT PROGRAM (CIP) 1. PARKS and RECREATION Chad Morris, Interim Director—Parks and Recreation 2. INFORMATION TECHNOLOGY Peter Wallace, Director— Information Technology 3. WATER and SEWER Peter Pommerenk, Planning and Analysis Bureau Manager—Public Utilities B. SHORE DRIVE CORRIDOR; PAST, PRESENT and FUTURE David Jarman, Project Management Supervisor—Public Works C. HOUSING RESOURCE CENTER—Update Andrew Friedman, Director—Housing and Neighborhood Preservation Karen Prochilo, Housing Programs Administrator—Housing and Neighborhood Preservation D. TOURISM INVESTMENT PROGRAM—Update David Bradley, Director—Budget and Management Services E. INTERIM FINANCIAL STATEMENT Patti Phillips, Director—Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:15 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Jack E. Davis Senior Pastor, Tabernacle United Methodist Church 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 February 20, 2018 March 6, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA ry.C�Nu- C:y', t9 V >a J .'rW PUBLIC HEARING The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M.on March 20,2018 in the City Council Chamber regarding thirteen proposed café franchise agreements for City- owned property located at the following locations: 3501 Atlantic Avenue to Clearwater Investment Associates,LP,t/a Cabana Café, for a Boardwalk Café. 2809 Atlantic Avenue to Colonial Inn, Inc., t/a Shoreline Cafe,for a Boardwalk Café and a Connector Park Café. 2809 Atlantic Avenue to Colonial Inn, Inc., t/a Shoreline Café, for a Connector Park Café. 2705 Atlantic Avenue to 27t°Street Hotel, LLC,t/a H2O Café,for a Boardwalk Café. 2701 Atlantic Avenue to 270 F&B,LLC,t/a Ocean 27 Café,for a Connector Park Café. 2701 Atlantic Avenue to 27° F&B,LLC,t/a Ocean 27 Café,for a Boardwalk Café. 2101 Atlantic Avenue to Oceanside Investment Associates,LP,t/a Hemingway's Restaurant Café,for a Boardwalk Café. 1601 Atlantic Avenue to Rock Fish Sea Grill, LLC, t/a Rock Fish Café, for a Boardwalk Café. 1401 Atlantic Avenue to Guru Parab, LLC, t/a Ocean's 14 Café,for a Boardwalk Café. 1211 Atlantic Avenue to Surfside Resort I, Inc.,t/a Fish Bones Café,for a Boardwalk Café. 412 Atlantic Avenue to Fogg's Seafood Company, t/a Waterman's Café, for a Boardwalk Café. 204 22^d Street to Pizza Maniac, Inc.,t/a 204 Pizza Café,for an Atlantic Avenue Side Street Café. 200 21s° Street to G-2151 Street, Inc., t/a Guad's Café, for an Atlantic Avenue Side Street Café. The purpose of the hearing will be to obtain public comment on the proposed franchise agreements on City property. Copies of the franchise agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building(Building#1)at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchise should be directed to Mike Eason, CVB/Resort Management Office,by calling(757)385-4800. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf). All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON: Sunday,March 18,2018 'ry roe,:„ ,. - �s� PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATION FOR THE CHIMNEY HILL PRECINCT,TO ESTABLISH THE SALEM WOODS PRECINCT AND POLLING PLACE,AND TO ESTABLISH THE SANDBRIDGE PRECINCT AND POLLING PLACE The City Council of Virginia Beach,Virginia at its Formal Session on March 20,2018 at 6:00 PM will conduct a PUBUC HEARING upon an ordinance to change the Polling place for the Chimney Hill Precinct, to establish the Salem Woods Precinct and Polling place, and to establish the Sandbridge Precinct and Polling Place. The PUBUC HEARING will be held at the City Council Chamber in City Hall. If adopted, the new Polling location for the Chimney Hill Precinct would be Rosemont Elementary School, the Polling location for the Salem Woods Precinct would be Parkway j Elementary School, and the Polling place for i/ Sandbridge Precinct would be Tabernacle United V Methodist Church. A copy of the aforesaid ordinance and related map(s)may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach,Virginia,23456. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERKS OFFICE at 385-4303;Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf). All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON: Sunday,March 11 and 18,2018-1 time each H.PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY (Cafe Franchises) a. Cabana Café 3501 Atlantic Avenue b. Shoreline Café 2809 Atlantic Avenue c. Shoreline Café 2809 Atlantic Avenue d. H2O Café 2705 Atlantic Avenue e. Ocean 27 Café 2701 Atlantic Avenue f. Ocean 27 Café 2701 Atlantic Avenue g. Hemingway's Restaurant Café 2101 Atlantic Avenue h. Rock Fish Café Cafe 1601 Atlantic Avenue i. Ocean's 14 Café 1401 Atlantic Avenue j. Fish Bones Café 1211 Atlantic Avenue k. Waterman's Café 412 Atlantic Avenue 1. 204 Pizza Café 204 22nd Street m. Guad's Café 200 21st Street 2. POLLING PLACE CHANGES a. Change Chimney Hill Precinct to Rosemont Elementary School b. Establish Salem Woods Precinct at Parkway Elementary School c. Establish Sandbridge Precinct at Tabernacle United Methodist Church I. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT thirteen(13) Franchise Agreements for Open Air Cafés in the resort area a. Cabana Café 3501 Atlantic Avenue b. Shoreline Café 2809 Atlantic Avenue c. Shoreline Café 2809 Atlantic Avenue d. H2O Café 2705 Atlantic Avenue e. Ocean 27 Café 2701 Atlantic Avenue f. Ocean 27 Café 2701 Atlantic Avenue g. Hemingway's Restaurant Café 2101 Atlantic Avenue h. Rock Fish Café Cafe 1601 Atlantic Avenue i. Ocean's 14 Café 1401 Atlantic Avenue j. Fish Bones Café 1211 Atlantic Avenue k. Waterman's Café 412 Atlantic Avenue 1. 204 Pizza Café 204 22nd Street m. Guad's Café 200 21st Street 2. Ordinances to AMEND City Code: a. Section 10-1 re POLLING PLACES: 1. Chimney Hill Precinct to Rosemont Elementary School 2. Split Rosemont Forest Precinct and ESTABLISH the Salem Woods Precinct at Parkway Elementary School 3. Split Sigma Precinct and ESTABLISH the Sandbridge Precinct at Tabernacle United Methodist Church b. Section 23-50 re accumulations of trash, garbage, etc., or excessive growth of weeds and grass 3. Ordinance to AUTHORIZE a full-time psychiatrist position and REDUCE capacity of a part- time psychiatrist position in the Department of Human Services 4. Resolution to APPOINT Terri H. Chelius as Chief Deputy City Clerk 5. Resolution to AUTHORIZE the City Manager to EXECUTE an Interim Agreement for Project Development and Operations Planning re the Sports Center Project 6. Resolution regarding the Plight of the People of Puerto Rico in the aftermath of Hurricane Maria 7. Ordinance to ACCEPT and/or APPROPRIATE: a. $1,401,912 surplus Congestion Mitigation and Air Quality funding to CIP #2-418, "Indian River Road/Kempsville Road Intersection Improvements" b. $1,510,769 from surplus Regional Surface Transportation Program funding to CIP #2-152, "Elbow Road Extended Phase II-B" c. $124,358 in miscellaneous Medicaid Revenue to CIP 3-705, "Human Services Client Information II" d. $118,698 to the Fire Department re purchase of four (4) utility vehicles and updated emergency medical equipment e. $91,000 to Human Services re Complex Care Program Services i� 1' }3 Sj i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Granting Thirteen Franchise Agreements for Open Air Cafés in the Resort Area MEETING DATE: March 20, 2018 • Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Café Regulations, which have been amended from time to time, for the operation of open air cafés on public property. The City has developed a franchise agreement for the regulation of open air cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: The following thirteen entities have successfully operated open air cafés pursuant to either one-year or five-year franchise agreements, and are seeking renewal of their franchise agreements for five year terms: (1) Clearwater Investment Associates, LP, t/a Cabana Café, for operation of a Boardwalk Café; (2) Colonial Inn, Inc., t/a Shoreline Café, for operation of a Boardwalk Café; (3) Colonial Inn, Inc., t/a Shoreline Café, for operation of a Connector Park Café; (4) 27th Street Hotel, LLC, t/a H2O Café, for a Boardwalk Café; (5) 27th F & B, LLC, t/a Ocean 27 Café, for a Connector Park Café; (6) 27th F & B, LLC, t/a Ocean 27 Café, for a Boardwalk Café; (7) Oceanside Investment Associates, LP, t/a Hemingway's Restaurant Café, for a Boardwalk Café; (8) Rock Fish Sea Grill, LLC, t/a Rock Fish Café, for a Boardwalk Café; (9) Guru Parab, LLC, t/a Ocean's 14 Café, for a Boardwalk Café; (10) Surfside Resort I, Inc., t/a Fish Bones Café, for a Boardwalk Café; (11) Fogg's Seafood Company, t/a Waterman's Café, for a Boardwalk Café; (12) Pizza Maniac, Inc., t/a 204 Pizza Café, for an Atlantic Avenue Side Street Café; and (13) G-21St Street, Inc., t/a Guad's Café, for an Atlantic Avenue Side Street Café. • Public Information: A public notice was published in The Beacon on March 18, 2018. • Attachments: Ordinance and Disclosure Forms Recommended Action: Adopt Ordinance ai. r Submitting De art • -nt/Agency: Convention & Visitors Bureau/Resort Management City Manager: n, I 1 AN ORDINANCE GRANTING THIRTEEN 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, the following thirteen entities have successfully operated open air cafés 17 pursuant to either one-year or five-year franchise agreements, and are seeking renewal 18 of their franchise agreements for five year terms: (1) Clearwater Investment Associates, 19 LP, t/a Cabana Café, for operation of a Boardwalk Café; (2) Colonial Inn, Inc., t/a 20 Shoreline Café, for operation of a Boardwalk Café; (3) Colonial Inn, Inc., t/a Shoreline 21 Café, for operation of a Connector Park Café; (4) 27th Street Hotel, LLC, t/a H2O Café, 22 for a Boardwalk Café; (5) 27th F & B, LLC, t/a Ocean 27 Café, for a Connector Park 23 Café; (6) 27th F & B, LLC, t/a Ocean 27 Café, for a Boardwalk Café; (7) Oceanside 24 Investment Associates, LP, t/a Hemingway's Restaurant Café, for a Boardwalk Café; (8) 25 Rock Fish Sea Grill, LLC, t/a Rock Fish Café, for a Boardwalk Café; (9) Guru Parab, 26 LLC, t/a Ocean's 14 Café, for a Boardwalk Café; (10) Surfside Resort I, Inc., t/a Fish 27 Bones Café, for a Boardwalk Café; (11) Fogg's Seafood Company, t/a Waterman's 28 Café, for a Boardwalk Café; (12) Pizza Maniac, Inc., t/a 204 Pizza Café, for an Atlantic 29 Avenue Side Street Café; and (13) G-21St Street, Inc., t/a Guad's Café, for an Atlantic 30 Avenue Side Street Café; and 31 32 WHEREAS, the Convention & Visitors Bureau/Resort Management recommends 33 that the above-named entities be granted open air café franchise agreements. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH: 37 38 That the City Council hereby grants five-year franchise agreements to: (1) 39 Clearwater Investment Associates, LP, t/a Cabana Café, for operation of a Boardwalk 40 Café; (2) Colonial Inn, Inc., t/a Shoreline Café, for operation of a Boardwalk Café; (3) 41 Colonial Inn, Inc., t/a Shoreline Café, for operation of a Connector Park Café; (4) 27th 42 Street Hotel, LLC, t/a H2O Café, for a Boardwalk Café; (5) 27th F & B, LLC, t/a Ocean 43 27 Café, for a Connector Park Café; (6) 27th F & B, LLC, t/a Ocean 27 Café, for a 44 Boardwalk Café; (7) Oceanside Investment Associates, LP, t/a Hemingway's 45 Restaurant Café, for a Boardwalk Café; (8) Rock Fish Sea Grill, LLC, t/a Rock Fish 46 Café, for a Boardwalk Café; (9) Guru Parab, LLC, t/a Ocean's 14 Café, for a Boardwalk 47 Café; (10) Surfside Resort I, Inc., t/a Fish Bones Café, for a Boardwalk Café; (11) 48 Fogg's Seafood Company, t/a Waterman's Café, for a Boardwalk Café; (12) Pizza 49 Maniac, Inc., t/a 204 Pizza Café, for an Atlantic Avenue Side Street Café; and (13) G- 50 21St Street, Inc., t/a Guad's Café, for an Atlantic Avenue Side Street Café. Adopted by the City Council of Virginia Beach, Virginia on this day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Mike Eason Aimee Sullivan Convention and Visitors Bureau/ City Attorney's Office Resort Management CA14283 R-1 March 7, 2018 :Wog Virginia Beach APPLICANT'S NAME CASAILLAMItt vim T tet�1„ Ass®�i $, L .Q. dt1,`A �b0.X�at S COv.'r y C .k 410. 144=1- DISCLOSURE STATEMENT FORM °".'" The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). • APPLICANT NOTIFIED OF HEARING DATE: • NO CHANGES AS OF DATE: o REVISIONS SUBMITTED DATE: 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, irm, business, or other unincorporated organization. (A) List the Applicant's name: C1-E ( -)Pt — W� fEa3 ASS°CIR'TES, l,•P- r`i'� If an LLC, list all member's names: a1bAA t .Nso-wti's CtoActeor G, 4-� i"`^" -S}scv w S T. t2't ordS)TR, - Ge rw►.!� Pte- ✓ S�nun godOtt...�wk�ts.rla�usl� 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) CL4,0.viicc - \uvES'CYh jT 06 g eC l'tt"it S lac- . [1) bt s-fs+l Q Rt'M ES- O - c_LF.,A4 o,-tc tt.,v E.-cc Mc OrSC0 LIhQFla V i W-c. l-�m't Q31•4{ See next page for information pertaining to footnotes and 2 4 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: CLV-M-V ATt; _ ESTtnJT NSSeGtR'+�SF If an LLC, list the member's a`Ve.ta. a s (eft,t4C4ip CAS*. ,.k gar- oce",-64) names: Page 2 of 7 (Sty of Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) { (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) jp-n1. FAT is SSac.&ft' -S t '- Ciu►,- o� U4.4.14b.R Tg.4- \N TegC ME�✓-� St S5� U4'�5i 1�•� ��,Zw1a "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ® SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 owof APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) [71 Accounting and/or preparer of � o vsN gaW `fib° 1 your tax return t%-t:' Noa� � ckp,� A a .s10 qArchitect/ Landscape Architect / 1111 Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed 0 purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 7 Construction Contractors 17 Engineers / Surveyors/Agents Financing (include current Tow NE ASK -N tFDL 2 mortgage holders and lenders 109E, ,sj ST. selected or being considered to U A a 1S1p provide financing for acquisition No{�poL�-- 1 or construction of the property) Le al Services K AvFMI,AN 6 ANO r P.c.- 9 l,,o\ pk1:KS A VE 5 v VrE'loo vl{Lf.tvth 9�E4Ktli,VA .%.kSt / Real Estate Brokers / Ry 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 I an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 04,0 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. / V. P. e{�is7af65E1C eA/• ESQ.owN ..104.0 is APPLICA 'S SIGNAT R PRINT NAME DATE Page 5 of 7 ON of OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of 1„,+60 your tax return I. 0ouS H gam- 5u• Atco N'$-folk.‘ v R 23 S� l a Architect / Landscape Architect / Land Planner Contract Purchaser(if other than l",I� the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed apurchaser of the subject property (identify purchaser(s) and purchaser's service providers) aConstruction Contractors L / Engineers / Surveyors/Agents y/ Financing (include current TatoE bc-- ' N3RFoct__ mortgage holders and lenders �pq E . VAIN STt selected or being considered to No�FaD4-.1 V I\ vss. provide financing for acquisition or construction of the property) /( Legal Services KAv Fw�gw� b u5oL.T-s, PL. " I 9 ld V'd kSq.%E. SU �4aiwtw kerm.4�vA s�L&Ct Real Estate Brokers / l `f /'I( Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have p/ 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 circ or Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY SIGNATURE • V. P PR NiktgroT � fAi. DATE 4S Page 7 of 7 • Virginia :-.eh 11, � APPLICANT'S NAME Colonial Inn Inc C r-4. , c,Li ScS DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). • APPLICANT NOTIFIED OF HEARING DATE O NO CHANGES AS OF DATE • REVISIONS SUBMITTED DATE qr Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. FlCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Colonial Inn Inc 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) Robert H. Vakos - President Joan P. Vakos - Vice President Julie A. Lett- Secretary (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Colonial Inn Holdings LLC See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X 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:Colonial Inn Inc If an LLC, list the member's names: Page 2 of 7 1/1B ., Virginia ginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Robert H. Vakos - President Joan P Vakos - Vice President Julie A Lett - Secretary (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Colonial Inn Holdings LLC 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia-Beach YES NO SERVICE PROVIDER (use additional sheets if needed) (� Accounting and/or preparer of f,\' your tax return X Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) ILKConstruction Contractors X Engineers / Surveyors/Agents Financing (include current M mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I�\I Legal Services Real Estate Brokers / XAgents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 ' '' "` :- " ' - •--!.'' „,:.,„:,*,''...e.Altit1,--Nmi=-.,,,,:,,,,,,,,„,,,,_,,,,,,_:,,,,,,„,,,,.,,,,,,,,„,,,,,,,,,,..„., ,,;„„.„,„,,,z„,,......,..,,,,..,,,„t,...t„,,,,,t,„:„,,,..,,,,„, _ ...,....____ 113 ,:,,,:A.,,,,,,,,,,..:,„,,,_„,:.,....;,,,,,:,,,_,,_t„, ,,.. _ . ,. _ , „..„,_„, , _ ,,, ._,,,,_,,,,,..„ ,_, .,'''1,--','.-=:f.,.=- 1,4.; :: ...;,.:.4,'.... __,_ - ("G's,i Y r "" 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, VEDA meeting, or meeting of any public body or committee in connection with this Application. uAit-1 a A-Let APP NT'S SIGNATURE ,---, ,,, CI e 4 1-e-H- PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) �I Accounting and/or preparer of fV/\' your tax return CLJ Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than � < the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed [-I purchaser of the subject property (identify purchaser(s) and purchaser's service providers) nn Construction Contractors Engineers/ Surveyors/Agents Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I5\I Legal Services Real Estate Brokers / (� Inl/\� ! Agents/Realtors for current and Ianticipated future sales of the subject property ;.--- at:.:>-...-ill!::.a--__r. -fay_ -x:.cam -- -- ._-, c,c -z:1-a. 32..i..;wrsgr_c,.rs-._.. '', SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 ABotpe Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is ' complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. • 4 O \ n 4 A 1.1.-4...." t A kat 01:11C, . L...9-f-f 0-10-1 1 ii< PROWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 r;'�?,T•P'°:�::.�.. �.n.- +-,� �-r'.?x7 �"'r"" � +r. '�..i - a^as"'e�e^S'^'• �r;� .r r z- ':.r cam, •4 } (1y' '—Jf. ''t tT .f ° 4'i-+ a¢r,'' �`tti' h�,a 'x+;� 3 4 z i �C .ti 3"7-77-;:-TF; } ii. as �4 t �7'a M?a 'ti$$ i•".r�.Gj 'y rc t Y'�t`� `n ��� -�+"'��+..� 'i� �rm'E ,. Vis? .c ,` Virginia Beach APPLICANT'S NAME a- S-���G-� -�L� LLL DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two l )weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIES?OF HEARING DATE: NO CHANGES AS OF DATE REVISIONS SUBMITTED DATE. S�.�•:Yyr. ,,. "':ti ��rr�"r., .{ � - rer ::ar. "vtf�';r'm''v- ::�ry ....,y-. __ _ ''E*Y'@'_. y i��i r,�4��.. �:'L").T:::f'i:.Y� � ?dr_x-•�` !ti_}... �.s t k ,4 ta�,N � 52�.•��... ,,;(�?u yii`t;. - � ? 1r;",ty'S�•. Ir>".� ,�,° 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. 141.4 (A) List the Applicant's name: 21 Sfi -4 0.”.11 If an LLC, list all m mber's names: l>avNIt 4- I�-s,. .-7 .Sf-1,-c .-( 1++,1 -R.,Iv ��ti v R E/tat Ad<In4 e I S4,4 KA "Duo ce ( A- 1.40infv" 0- S),M,'4-A 1N•Cttric (' tr �rI( i W 11 •cAv� (�• FI•ur / C /4-P1'2 "1. v y1 A aidit I V( d-1 Stru+ 14141 tri^' ti 7-w�i D,vaais d7'"s4- frs Eric, E• If (Ztdsel 1(0rIC .f.;hr, C t Da'AS If a ORPORATION, list the the names of all officers, directors, members, oiu� V��ve?5th 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) D-7* S+ ,-f- , C-LC See next page for information pertaining to footnotes and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. x 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: .1-6 5t A+ � 1/LL If an LLC, list the member's names: 5et- .1, (x)) -� i Ov{�%A �` Page 2 of 7 'se.n'. c}}_fs.' .;`�.�'�Y � auX•-�: - r ..:...-.,..,,,� . t .. �. "..h.,*} �'Y •r � Ict7i; 'b, x n ;:717x; �J.rsr^r r,F ° .� ft, RY Y ti :rxs Y ��eTi .7��� -t n F t�'.z1;r�'t ,r e ��`�•�����'' A c� i 'r. ma� �'��i�rr,. t'`y.-`�A `^�` iwt7 � Virginia Beach. If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 • 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 .,c.c.:. .....'S. •..- r., .._:... ..q•..::7,.. '7"7',7977;•7"..-:717% '70"f.o•i .1.: . ..i.. -.}. •..^..r.... x .t....:... .. i.,. .... .::...:.:::. „ if 4rxY_ •Y _ -:3 i:�' ,t ':a: "{,�':�i.;&. 'y.:; .:.'!':i �.4::.:'.':. ,,fy'�:.t't•�'..•. . �*.». *,a ."i+`'YN!'f.'�` ..�:'%°!.t'° w5t:.aS�... �X% ..$'•�.. 4.4. >,fi. "W 'pt, :.!•.j�'•� _ ':i,,..,. • .i :.,. •..i,.. :.�,*x%: f:r., ..sr.E. ..�: .5rf'' i�". � ?::r e..rs �+•`}-<C `tai.. q�.. r ,!':, +�.:.:: K`- ::'�". '/l'Tib a.s" ✓ 4,' a:F�g:„.. t .i+ L... .IJV .YAa' i:':•.:: i Wit':i•: lYw�w. �- .i$�.. i 3 zrtsz,_' -- �i..?� `:i'. a:,+::• .'F�k _+ :_:. .4:..�> � -,,ra.-r bt - APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I I Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors I I Engineers / Surveyors/ Agents Financing (include current U mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) l i f1 Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 • sti a Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin. . ' any public body or committee in connection with this Application. 4. tae// s-A2o//2 APPLICANTS•I • • URE PRINT NAME DATE Page 5 of 7 � `4 '•� * s .43--:-,e.11- 1ti ,3 ar 'a -ii N y 4 . ,, � a • 4 % Y,s • 1•'-•17,;' � Y +K' /� 1`f 4 .�yiV['at S � $T � ,f v� i?.".� -'+S G T '�y' , L X` -Y N �r. t h #,7._£tee=»— �"- ,, • :`..,-,4,---0• w,i. ',44" -'-=:^,-t4 ice` 4i,-: p ---`,..,s.'--E.;' " t ; iti- ,,. ...,A �` €:P ...--4,„:"--v`';',,.s j; 4y t 4 j 4 •T S. 41- C 4 r•'''''', I r. rr-•s.� -� r • 1M.': `� -= � § 1,'”:"•;',' te , , OWNER V1rgiaBea6h `—1 u PROVIDER( seadditio f isheet YES NO SERVICE s if needed) 2( El Accounting and/or preparer of &ZP a ru ve your tax return 4g -Ji9g ____ Er Architect/ Landscape Architect/ I Land Planner 1 i fContract Purchaser(if other than DI the Applicant)- identify purchaser Iand purchaser's service providers i Any other pending or proposed Cra j; pdentifyurchaser of thepurchasers)subjectand property (ii 4 _ I purchaser's service providers) I } — �✓ Construction Contractors 0 C' Engineers /Surveyors/Agents i { Financing (include current I C �f mortgage holders and lenders _J selected or being considered to provide financing for acquisition or construction of the property) L.. U Legal Services ' Real Estate Brokers / '-- C1 Agents/Realtors for current and anticipated future sales of the sub'ect aro ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ,j Does an official or employee of the City of Virginia Beach have I an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 • r a - tf :r r 'ham %;.). ,,T r r2 z ''• , ..- L • r r S• ri"Z, L1+i .110,44" " .as a x f' ",.} rc}_ 't .r• - _ tt .fps:. -ar.•rar.:. L `� firStl' t .1-14, '" r.?r is . CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information I provided herein two weeks prior to the Planning Commission, Council, VBDA meeting„or meeting of any public body or committee in connection with this Appy ation. ['PR' RTY SIGNATURE �`�i5se/I 1,e,L 3f 3/'/1 PRINT NAME ESATE Page 7 of 7 s 1, '.r^ .' , > d"' - ., �s 4 ''b3-s.Y•+ `3 , 'C }9.r ;."..•, '' FF� ! f` .-.t � -r..� w� 1'. �.. .fir n y,;.f_s•-? ,�.c�,X`.'"�,c°',Er^�' a '=�.+��.xsy�;�G+G��..�✓ �. 1 v 41 � wn 7;4-->y �^e- �'�+'a-'. 7-,244-7�c ,p�..���� F•,` ;._` ,:'-'-:. rs.:,.sl-r y"<-" - J .U..;:._; "� s' ••�: " - - r jz -.v .�-'�-h aiu- 7 o_'`n_--r tr"- .- y'� 'ay' h3-y, '' .,5., z.•• . _z y _ ,ry,,,.o r caliqRZIPACiA ` -f -s. . �xY ` " �{..*-�.•i M•:w .L ... .. '✓''��5�.s`-.it. '., '_av , N_ i` 3..5''.a:,v ../'a•>- fIj:�svGo.?: .,.i ?k--a..Y t7 Y+ �'`�'� : ?.:.:•- >....iT Fx::w 1y`_::t:}.r:,::: �: r?: f:r. _ w;4-} .. }�Vfrguua r P70 t, APPLICANT'S NAME 27TH F&B LLC T/A OCEAN 27e � Hcy„ StS DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). ▪ APPLICANT NOTIFIED OF HEARING DATE- El NO CHANGES AS OF DATE ▪ REVISIONS SUBMITTED DATE. '`..i;r z'}`:,;.,•,,,i,,-..7,-::-:1---:.,,,,,-.—, v..7"-- rr,,- 4 3 - b : ,a",, it f 3� W+ ' ay-- f :' r I .' .r ✓_ v{ '�?,.^r' zs "`- r -r cam, _ ,�-' -..z*-a-,_ .'''' Ym,,,r , ''�✓f7,-, *:. . x,`; r-� ', , v „,,,,,,f,.; gt.„,.. .,k'A ",Y-,,- < 'ate ',_,<„"45.--.1&.7,- t _ � S&': r. ( Y:, « ,st , � ''-,o-'s o;�” .r .?R "'�' x„ °xa e. .r'_} .^^:'S'r`?`t- '�= '�.,-z-+. V4 .4*-1., " ' -fir. --':`_y .,�^w, .° : x .�ayrm x �g = r i ' ✓ � W I �,.-'e' `"'r?'�,�. ._ _, ."•_.,....... �,..'.r'•-G:ice .. n.,yi':.•ti: ..:-1111�. w,n'...: •1. iii.,: - ....J,.;..C.a .0.C..Y.:.:.... -^,:v. 1111;�.....::b_�,._:: w!:¢.,_y_....r N.x� '�,- .. ..- L�-�' ��- 1=�:C"�?``::.:.:_.....�._... 1111.� ., .,,�::>:" _.:.-:..Y;'51_70. .. '•n.4+'•.,:JJ'•� .,.._.:._.....�.�:..,... .,,.._>.,...-.�...-.c.,.... .. .,_:�_:,_•:.,....,;.;:'..z....:: �•:Kiri>�=�*+�:..... ��•-71;71..,: .::...•.._::.; ,:...-171,1 .......:::::.1.'''""�� •' ._... .,.._. .:.. 1111..:_., -.,, .- ...�.�.�::.:::::;:�<.:.:•.... .. . _..s:,r;....-• ..�..........: 1.17-. .. . ...:-.,......___.._.. .,,.. .... �4 - .. : �.:..:::,.: .;'-'..:....::_171 : :-a:-,! ...1::... „�;,.,,. .! ', Bch 7:: . �,. 1771: :::<-.�• 1111... Check here if the APPLICANT IS NOT a corporation, partnership ` irm business, or other unincorporated organization. QCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:27TH F&B LLC T/A OCEAN 27 If an LLC, list all member's names: ROBERT L. HUGHES A. RUSSELL KIRK If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 E SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Li Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Inl 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:27 1/2TH STREET GARAGE, LL( If an LLC, list the member's names:27TH STREET HOLDING, LLC Page 2 of 7 .�•y }� ��-�' „��-.f � ;�'-f i•"Y�� ^w . z -- ems.y, �. ati.r;. .i".--.r's�z... ,t-sj.`,tit _ .:'^y ^.;r., "1:3. 4....i,,, NfH-r`3'C..<: ..,3�?tr'...xe� ,._-- :.c n ..J..3F.., v=`J(. '3.,y� �KL/k .':C^.. 'F/L.�_G?!NK J � .,.r...,�- .;C ...A' .�';...,.w;XYw '£a''%z. '��.. ?�3�, v�,k. `:}�' y.>xis.;. _ - Hg ...•f.-;'. c.� ���y,`-'•.'-- :.,, .,.::..^ ......y,n<. r.,Y :;S. ...^ r .,...:::..✓'3•tt�'.dr+`�ri`.:n x..Y' ...1 ,..p'!�. r..?:4•.. ':.. <,.:-....�., rc;�;st?"'.^z.-r1. .^'. •-s::s. s< ..s-•F.....Vs �:: :��•t: ^;s;. ,..s.v..s�?r;=''„ {_. ":3r:: v ',� •s.. .J - :l>_,: • ��'Vfrgint�Beacti�- • 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) 27TH STREET HOTEL, LLC 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 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 mss .``_ - 4Z Yr y0T,i".,'r"f`AM 14 3 -;?",".-s-1 ,::: :....Z �Y 21R.r ,s� ".W r t •3 -fj ,::*.i ,,7 $ 7:7' -: ;:,-sem -G � %.r .� ,,. •""'rt: ''''t'st '5.'1 / r, r � v e. 5 i a s ate'.-,' , �'" �''_�ia�� o' - - _ a 4e,•�'' .�,,4.-re S .r-r ,'9z. r, '."y '' .e.maw... fr�.w<t - a��s z.�'� „,_,44,,,,,.-..--,.--,..» 'sem � , .� zt ,...+. � ��"°' ��s -�� v��� �y ii f r :!l .t :�.`,=�� 4.t..?z.,t��..,,."�'�i=.K c '�s�+;. t -� ~,.�.3;.. ;<._;� �' '�'-^"� � r ;, S t.�.� r " rte:: _.5. �F/;•H<>:.:1.:7. 2f�.."r t•/^-JC:�� � :$,y�=k G".. .r;'.c�f -.F_ ::•;> >rr.... cF;��u 7 .:�� ^t K .. ,.>;'•. ... .._ ... ....e.,. ..,....^'r ........., , ..._.:.r. ...:_:. .a :. :.....r!._{,..ti..._.... ... c�tfa.�'=.. sr't"< 7:..•"�a�,�`'-`Scr.'<�:.•rts'yr:,ty,:;;c;..< .251 .1...N nJ. .�.'�^..'trxs.b f..1. x �.f>�.rt•� :'?:herr/ _.,,.. .. . : ...,...... ,r :s ......:,,. _...: .:.1. .zn-..............tx,, .. '$.. .LL.., :i,'f.1 ,.fi'rr,'v:•rY.Yn..-Y,.,i.`.. ... ... t ... ....... _ .. .... f _. Y. ._.. _ ...... w.-...!. L:w.. .4... �.:,.,::�2,:.an.,. .Jn^.• St:Sy: ~a' 1(F'.”' >$� ...::....s.n... .. ..,,.. ..tc ._ ../..-^.. ef... .n :e. ..: ^...... : .. .�.....:^ Z96 3':: c>,^-':..•.„n...::�F..K.:..,�;;..::� . ... . . .. .. .... :... ..n ....._.. . . .. .ate...`. � �..'� ,�r::: '�'�"c r, P AP LiCANT ��� � YES NO SERVICE PROVIDER (use additional sheets if needed) XAccounting and/or preparer of Daniel W. Hargrave, CPA, PC your tax return n n Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than U the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed I i purchaser of the subject property LJ (identify purchaser(s) and purchaser's service providers) LiConstruction Contractors nn Engineers / Surveyors/Agents Financing (include current — mortgage holders and lenders _ selected or being considered to provide financing for acquisition or construction of the property) X D Legal Services FAGGERT& FRIEDEN, P.C. Real Estate Brokers / nAgents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 `.-47,,'''.95-W'.'3-3-7-- ..4- 1-,--:,.. s .r✓ - rs - an, l.r ,.- 'r."c ...r- ,ss .`:✓" "& m € _ - z<r -,, ' . -„,v- "s. ,�Pr s zC 'AarSPA' � h .& . �"j: - d : _ -,-;/---- ,..-..---„::,,,,,--:, -,-,-:--'-'=------' s :-t ' ,y l -� & �' a ` �”1,.- 4� � :� - 'r= 4- ^ `— A._.. apri �1~ ::, = -. ti , � - ;f�i - ti / , ."-3 ... ; du7 .... ....... :k;t«t .' ra' ;`:. „ it 201 ' H - f.i.c - ":-- ', --- � s.4 t .y �-7 `:.g$ 5Is "i:< a - szy..riga. ',` .T ;' <.rs_; . <1 ,a.� `7Nr -`7p<- ts3 c":torr_2- >s : :.5rx . c— f :��^ a� 5reri� r: T:,��r �:Ls --- .T4 rn -/ "- :``. ... rt : . . . ' a�.t4 .< ._ .. _ - c .irX. ' �.� r. t':, 5, ' i sSc YF -- 7fiirix,.f . rv:.rnafi :.r.:. . .. + .r -, ..:.. x _"a-Wk.1.61 _4.: . .._.. . .... .. ... . '.% .0- ym:.. :' .� :;C-'v .. +f. . . . .....-a,...-.._ _ 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 any public body or committee in connection with this Application. ,J 4 APPLICANT'S S ATURE PRINT NAME DATE Page 5 of 7 '''::-,-::4-:.::"4:7::;; 1 c-.',A,- ,:::`,,,. .,V.,----ec o= Cs :-: "'�'. '~ , ..:a" ., ''.'-5=•'�� r,TP ✓ ^r- _ a'` , ,. 'e u0:k�Viry ase /, '�' mil _„- -', G- ' '.�i} ,,.yV-'z .t .�,•'•x�..t,.. ' -,^+ T' A 6.., s.-.t::ry/Y�` ,'G ri+ar 1 -F—. • y. ✓•_"T ` a;x4C i;. '��,� w� ,- ;, --,=', f ,°r,., .7'`•"';S - �^ c.:r-faPM -,ia„ti p. ' t x,,_ ...;;v. s ec-?g -" y."�� tr �— T p ..=n :c:K�£..: .t kftc.o r-04,F..'m:.yr� ' ..4:i-h�.`'F-".c.�,'-''� ''�'&z -4 !c : if fi a..5R cv,, G,vc.,wk�>: 'p<•._ •.,:,•_. _ .Yd 'R .4 -,.,..,;;7Z:.��e 01- ".=;�' r_ .3".3',', ' Yh' ; ,,,r"'$%` �isw:.'�ive' -, e ,s-� �... *, f`5 ,�'�„'"� L�.- �.-........ 5:-,--.-7.,4 rc ;' -:?zy .•�-:. -''�,'a„t..`x �'T .y `. ,-�-z �'.�c-.�+x '.".v >:'- .:z'feK`::..:F'�" .rte..-< u' � ,'.. .' ���''%y:. .`.i' ,yf� v; _�..k•f: �1± � �4-'�."'•�ff,4 �s.�. iT. �f--�•"y'',.. a L'�`•.:''y-•�„': '','�:- s"w,��;L-.: �^G'� ��.. .-._ s IE r ,Y .A-,;x,.h';+ .. mmm•m^.•...m'-x._ •.�;..•.tf,-�-gnat-•' •fir '••• z�'.., Cyd. �r �” ��,� .4 _.a.. fi :��'� x. .r 7" �� `�A,-..3,. w:�i- � .rrn,reRf:`3,.. ?ic:i;.x3r•. _,,--.1P-477,f � ,^fix, ' .' ��: c�';4431 1g ire*. �• r f .:-z -yr .1 .- .7- "., ^�r--ar i ;'s_.se'' '<.p.`:t t : ti ..,.:'r.Gf1-•� �'y`"''C.`i` "<i:.a� � :.p'. �..:r r,_••c>.:' ;;. ...... .. .....a:3�.� ..�-.••:r:C �.,Y..;�t:'Pa:' •c:."� =:.°•%:, �:�£'..> -:-a'-�'-' .�:x�R -.'::Y� w,+,'x�-'':�✓x'';'� .�v:.5'� . "'�.r.�a' 'T;s"a::,.rr•,t-�„ r a - �"s:;...c.-.. ... .-. -\;,:�`� ;� ��Bea YES NO SERVICE PROVIDER(useadditionalsheets if needed)' '' X Accounting and/or preparer of CHERRY BEKAERT, LLP your tax return ElArchitect / 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 Engineers / Surveyors/Agents Financing (include current TOWNEBANK n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Z ❑ Legal Services FAGGERT& FRIEDEN, P.C. Real Estate Brokers / n - 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 X an interest in the subject land or any proposed development Hcontingent 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 Ev-Sti^--".:.X'�- 1 J 'x 'r `,,, „c. a" qe%F,.,Y' 4c .✓a+.. � -�-S: _ ,�"rc'�� ��`d- � �i �-.J;..�-..,'x- �_��ff•��:x-"./ l��.,r �^Ti b"�""'-a ,j.�fi--e...,h.."'``��,.awx� - ���s.�c�.� �'�'S"k7 �' 3.''�""r � 4 `. � t • row! 7:,.�.•'k<'.^�'�3.,so�„%"a::p1,..�.:r�':`T:°:-3c:p'.'�.r�A7..Ft.:.•�X..i.au..;.:nN?f•...".'J�i: ,,i•5:' c�'.-.k.r..-`i....�y;� Sy 'a/w�^�1�°,1„'��? 's �:,�r.•.a' .a .< �_� >��i2 , �P. r/:0J' .i'.r:f^:•�.�A^ ��:J:. „'iJu+ .r:.f:. r::N..' ..T->;:.•N. ri:l ��. .:^G.. ..[� - .nl.'•F r�: p. h: .: a.. .-,.._:..r!.'.in.:ln�b .l.;-:v^,v.�:.e.....;�.:Y..... .. ..;..... �re+.n• .^{'� :. �/ .� �.:• .:�..:_: -.,,or .,>.T.._,/:• _ .:,,;.t„ ti,.. _..,_ _:\,j--� .P.:'; ��s.. :J` �i .a✓''."rk',.�. Via.. .. . . , 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, VEDA meeting, or •• - -ting of any public body or committee in connection with this Applicati• . P•*PER • NER'S St ATURE PRINT NAME DATE Page 7 of 7 t irginia :eac APPLICANT'S NAME ws\DE roves-cone r gSSoc - c) i.... 4 o.. k{Lt�nLNC,whMtS COv v] k ttWtw be-Po-6% DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 0. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). O APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE: O REVISIONS SUBMITTED DATE: t° c1ry a/ - 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, artnership, i m, business, or other unincorporated organization. (A) List the Applicant's name: QCT-ANSkOE INV�CtA�.rsT h-SS -11k'�5 , L. 4 L• 0 P 44If an LLC, list all member's names: dt��a ttiAnttvr Ay`,, (cotfloot care a.T its-to*et two -V- D r&AS X. 1.-'WJS� . , G � Q Ct./0%E •)-llb ST) 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) 0t csSCt- I L--e-- , 6r-We-kms.- vtcv- N - oc covvslSIAe 1 t•N C-i C M' -N Ri9D Lk.tkrC f, \ 1„•Q. i L V:'oa (v1/4.:a. ,,.,n.V 1,Q A.v11/4"""S"."''l See next page for information pertaining to footnotes' and 2 E .a $, SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER lS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: aE 'c iN ENC VNS q S i L.P. If an LLC, list the member's J‘th-ka- w ..\u L,vssiyts, (DCM0B .- (-16,Frr- a--c- ltni✓\op.`i i names: 4t•i D *askpc_-1_k k ST) Tht,tr,►c5 - 1._-10i)5 ,Th . -k• E - PNR11•10- Page 2 of 7 [Yty nJ ' ` : 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) 0cri istc t C- I rrsa — .(2%-0.'7V o C o rc-NtAZE ;- - \N�►Fh'CTM��.NZ 4FS5D�-l1E-S � L-� \ I °•- U��j�via 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 N.A' working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 :V13„,,, APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) 42( Accounting and/or preparer of M b your tax return t 51). ISo�S({ S`(1€+��) Su��tlao Nokt-tt.v-k V R 6"1- VArchitect / Landscape Architect/ Land Planner rt .. Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Fypurchaser of the subject property (identify purchaser(s) and purchaser's service providers) F/ Construction Contractors Engineers /Surveyors/Agents Financing (include current 7-01, WE 'h N.- Not--w -- 12r mortgage holders and lendersp q MR(N S � selected or being considered to provide financing for acquisition 0�`FO('�' t UAS�3St or construction of the property) , 2 Legal Services Kh�v-Am..) s,. cri14 . s, C-, g d•l b l P R,U C-.S , t-VW'� -1.57-' yS I / Real Estate Brokers / \R 4.Oa141/4i'f ert" % Vel 7 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 CSN*/ 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 Appli7cljation. li0,44io�- !n1• — / V. l°• 44tts7a/BMai- w. 61-040/0 .a rZa 2 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER „we Beach YES NO SERVICE PROVIDER (use additional sheets if � needed) ti ( Accounting and/or preparer of g pouz l-\ S`C-�,s�� So(T(flo� L� your tax return No(�r-01--V-1 0-Pc I D Architect / Landscape Architect / Land Planner Contract Purchaser(if other than t/ 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 (,,/Engineers / Surveyors/ Agents Financing (include current IkrtNE Ausi-' 43h11°h'p`'EA''vs2, TFvS� mortgage holders and lenders �pl� rye-A%� STR r selected or being considered to OA LI V k a-14S-ti provide financing for acquisition or construction of the property) Legal Services v... 'FMnovE N S� -1eo Real Estate Brokers / f—ttNta Q `.11 v,q EA'457 p/ 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 /Li ,t‘r Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. . v. T-0#tux W 604a.r. 441-6Az/8 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Virginia Beach APPLICANT'S NAME ROci; RH S'Cif Qr;lI, UC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of I Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: i 0 REVISIONS SUBMITTED DATE: .Mt >s':10.17-1:514 ',i 'TS" �' s"�`P,.y 0,tt• ,,, - -r :,"k` K t a+?� yr ` kX'' : .�.'f":.✓ a r - -,.w'2 s `y-fii ak"..a aF+c .'^ I r' 'Hrr., r, �'t 35 .,' i! i �i-£ tx ,. ,:' ▪x ),.. , ti£.« ;ate a _,.• '' $ i°`�. CUyioJ c.' u 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 j2:1 other unincorporated organization. (A) List the Applicant's name:_.ot,k' 6S1, G 14_-C-- If an LLC, list all member's names: se., 1.144.c.c,Le z 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. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, I-1 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 I $ = Ulu �`3, `-v ' 3q "�'.,.r� e -a r -r _ � ."stR fa' zS'.. � �.p�g� � � sx,:.. 2'•'4 �r-ta� 9x"2 . .. Virginia°Eeach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. { 2 "Affiliated business entityrelationship" means "a relationship, other than P parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 • 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 3of9r City of APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return I I 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) biConstruction Contractors Engineers / Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / glAgents/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-Y1 tio caper - Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. -- �' D. 9n,Asp► CAr o, (1-fes 2 �r/c' APPLICANT'S SIGNATURE PRINT NAME UW TE fi Page 5of ' { t5+v of OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) UAccounting and/or preparer of your tax return [� Architect / Landscape Architect / 66�� Land Planner Contract Purchaser (if other than nD4. the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n purchaser of the subject property til (identify purchaser(s) and purchaser's service providers) Construction Contractors 1-1 Engineers / Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / n — 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-F Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. N ` L[zv D. Ba., CFO l 'r4 PROPERTY OWNER S S .'ATURE PRINT NAME DATE { Page 7 of T8' ROCK FISH SEA GRILL, LLC OWNERSHIP Heritage Investments, LLC Edmund C. Ruffin Kimberly Midgett Charles Sass James McAllister John& Carmella Houser Michael Poch Tommy Griffin Michael Levinson Robert Howard Estate of Marc Rondeau Virginia Beach APPLICANT'S NAME C )vLj ?cvcb LL 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 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 Franchise Agreement Street Closure (Historic Review Board) 9 Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). E APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: Q REVISIONS SUBMITTED DATE: _J Virginia Beach ri Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 13.- Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_`1URU __ LAi2 L L C If an LLC, list all member's names: NJ) J1-Ter ?A-7 a-L— If A- 'rc_- If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 10, 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: gcp6a ca l n' ?C.410110 If an LLC, list the member's Qffi , names: --- — _ p(1- , p - Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 iiim APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ® L I Accounting and/or preparer of L ' your tax return Lf :-\ F'( (k- etf A- EArchitect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed El f V I purchaser of the subject property tL�1 (identify purchaser(s) and purchaser's service providers) ElConstruction Contractors ElEngineers/Surveyors/Agents Financing (include current E] Ixi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El NI Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property � a--,-_ .Y . � _:�_ .s-- „r 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 ty 1 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 kw Virginia Beach CERTI FICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applic•;ion. ) kSl i z. 23iI- APPLICANT'S SI NATURE PRINT NAME DATE Page 5 of 7 .i � :yA.rYi:,� _• .... z $, OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) riAccounting and/or preparer of your tax return ?PEES (,} Z3OS49; CrPr Architect/ Landscape Architect / Land Planner ElContract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ E purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ElEl Construction Contractors Engineers /Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / `�pi Agents/Realtors for current and I/ anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach _ CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ;✓ L A� /9,4P/ al y /97-C -- Z-2‘ l PROPERTY OWNER'S SIGNATURE P INT NAME DATE Page 7 of 7 Uti Virginia Beate APPLICANT'S NAME Sum-FS;ole jZcSo'-f- 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 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. - .� 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planninc Commission and City Council meeting that l ertains to the aw Iication(s). CI APPLICANT NOTIFIED OF HEARING DATE: o NO CHANGES AS OF DATE: • REVISIONS SUBMITTED DATE: fr ., =• x r ra _ 5-, m wy¢� ':� k " k -max..+r c_s �'� � I- , yffz ff� _.eiti- ' •hit El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: !' 's L O. I ok,1 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) Ar(104 ----ez)vt. c't.94 (?,,,elokevivk I V% 1 . ) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4.r...y..-, +:-^*s s.>:.�� ,..3.r -h:. u.•."...._.,...c --::.._ .......:—fl-C.s.-.:flt-:.:. a:;:rs+c.;.-r --,sv- . n- - ...a.;:. - '� _:a-,..s .:::s:" SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ID Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's If an LLC, list the member's names: A v�)01 of VIAL/) Va 1254{lr V�'C,A 1i c 11 r 50 1''/ 1 Page 2 of 7 Vire*Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return El E. Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than prthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed apurchaser of the subject property (identify purchaser(s) and purchaser's service providers) 2- Construction Contractors I V Engineers / Surveyors/Agents Financing (include current ❑ C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject 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 'Tagil&Beach 111 -- 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. eerilek-e-e 4-r�1- '°' 3[710? APPLICA 'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) El Er Accounting and/or preparer of your tax return D E Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than Ethe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Epurchaser of the subject property (identify purchaser(s) and purchaser's service providers) LE Construction Contractors I I C Engineers/ Surveyors/Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nE 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 El E 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 • zt 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. Th4711=16i4/ 0 5 BV 3-7 'D PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 � 4 Fo55t StG 'Cood CGmPk�. J APPLICANT'S NAME \' Y ri s ,v) cLiy:6 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/An disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Comr•ussion and Cit Council meeting that )et tams to the ap,.lication(s). ▪ APPLICANT NOTIFIED OF HEARING DATE. • NO CHANGES AS OF DAl E' 1 • REVISIONS SUBMITTED DATE. I Virginia Beach El 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: �P Qe �rcl If an LLC, list all member's names: 1...100UP_rYY 1� ,,r-f-t:;1/4de cor✓I + \e-. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) 1 SG.1 n sr. 1 1-en E and..r i ' I k�7 �-.\ cel +' ► Tr nye, P13\1Y\ 1e, (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 71 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:..i.L _{,,_ _ - Aen_ a-k n 9 If an LLC, list the member's `.J names: Page 2 of 7 '''W Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 •c s. CERTIFICATION: — - I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been ,scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A. •lica;on. / ti,e1)460, 6zig 1-Li PRO'`•Tv OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 2f Accounting and/or preparer of your tax return El [T Architect/ Landscape Architect/ �1 Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 0purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EllConstruction Contractors EIEngineers/Surveyors/Agents ��' Financing (include current 0 0, mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) LI Legal Services hvr e pEstate Brokers / riAgents/Realtors for current and anticipated future sales of the sub'ect .ro•ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ., an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Vrr ir,'a Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. 111 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting or meeting of any public body or committee in connection with this Applic.'ton. 62/y Phe/,7)(e.e 3 .'2 /6 AP• ANT'S SIGNATURE PRINT NAME DA r - Page 5 of 7 NB OWNER Virginia Beach YES NO i SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner [11 zi, Contract Purchaser(if other than the Auplicant)- identify purchaser 1 and purchaser's service providers Any other pending or proposed f purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) Li , --- Construction Contractors Engineers/Surveyors/Agents J Financing (include current nmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Li /� Legal Services Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the subject property ----s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Reach 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 ._ x Iry-I f CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been Ischeduled for public hearing, I am responsible for updating the information , provided herein two weeks prior to the Planning Commission, Council, VBDA I meeting, or meeting of any public body or committee in connection with this Applica 'on. Cee- 3( / PRO OWNER'S SIGNATURE _ PRINT NAME DATE _ Page 7 of 7 t :1 Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City 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. v 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Plannin Commission and Cit Council meetinci that I:ertains to the a :,lication(s). O 1APPLICANT NOTIFIED OF HEARING DATE: O I NO CHANGES AS OF DATE: 0 1 REVISIONS SUBMITTED DATE: 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:_tr"izL?- 19. 1C_lb24r__ 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 7 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) tUD See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:__ti` y - _i If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating ortobe operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (the additional sheets if needed) L Accounting and/or preparer of 30,0,1\ q-13C\-4-s5' your tax return 54* "^n ❑ ElArchitect/ Landscape Architect/ Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ n purchaser of the subject property 4� (identify purchaser(s) and purchaser's service providers) Construction Contractors CEngineers/Surveyors/Agents Financing (include current ❑ rn mortgage holders and lenders l� selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ © Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ F7,_ an interest in the subject land or any proposed development l 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 \B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. j LI r1 or?it3, t2 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 'NB OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) na Accounting and/or preparer of your tax return El [ I Architect/ Landscape Architect/ Land Planner 11.1Contract 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) O 17 Construction Contractors Elt"_ Engineers / Surveyors/Agents Financing (include current O El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I I E Legal Services Real Estate Brokers / O E Agents/Realtors for current and anticipated future sales of the subject property r. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ El 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 j interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 • 4.:1*.reat APPLICANT'S NAME G g Sc ) . ReceWed FEB 2 DISCLOSURE STATEMENT FORM j 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 I Board Conditional Use Permit License Agreement Wetlands Board 4 .1.111111111WOMEMst. The disclosures. contained in this form are naces:ary to inform clfteals tivii,o may vote on the arpiication as to whether they have conflict of interest under Virginia law; SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin, Commission and Cite Council meetin that r ertains to the ar lication(s). o APPLICANT NOTIFIED OF HEARING DATE 0 NO CHANGES AS OF DATE REVISIONS SUBMITTED DATE. `~ ter ` n Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. CCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:G-21st Street, Inc. 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) Joseph Haskell, President (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onl i r_operty owner is di erent — ,-fro+n Applicant. Ej Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. LJ Check here if the PROPERTY OWNER IS a corporation artnership, firm, business, or other unincorporated organization, ANDTHEN complete the following. (A) List the Property Owner's name:Ocean Horizon Properties, L.C. If an LLC, list the member's names:Nabil D. Kassir and Deborah M. Kassir Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Brava, LLC, Ocean Horizon Properties of FL, LLC, Kassir Investment Company, Inc., Menu & Management Consultants, Aldo's Inc., Birdneck Associates, 620 19th Street Associates, 29th Street Associates 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 interestthe In other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES I NO I SERVICEPROVIDER (use additional sheets if I needed) ® Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ Land Planner Contract Purchaser if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed flpurchaser of the subject property t ' (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current C ® mortgage holders and lenders selected or being considered to provide financing for acquisition �/ or construction of the property) X Legal Services Real Estate Brokers / nAgents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes an official or employee of the City of Virginia Beach have nn an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. E 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, CouncilVBDA ( meeting, or meeting of any public body or committee in connection with this is s 4 Joseph Haskell 2/19/18 •. DATE ammemmummEmilimmi.._ 11111.1111 Page 5 of 7 n e 7f.4;-,7-4, OWNER 3 Virginia giIIY2 Beach YES NO I SERVICE I 1 PROVIDER (use additional sheets if needed) CAccounting and/or preparer of your tax return CArchitect/Landscape Architect/ Land Planner ElContract Purchaser(if other than IX the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed IZpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) L__1 ® Construction Contractors I I © Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) EC Legal Services _ Real Estate Brokers / Inl Agents/Realtors for current and I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ a an interest in the subject land or any proposed development I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 , l;, Virginia Beach I 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. Nabil D. Kassir 2/21/18 PROPERTY OWNER'S SI ATURE PRINT NAME...� - - _-.- - DATE Page 7 of 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Place for the Chimney Hill Precinct, to Establish the Salem Woods Precinct and Polling Place, and to Establish the Sandbridge Precinct and Polling Place MEETING DATE: March 20, 2018 • Background: The Office of Voter Registration and Elections periodically reviews the City's precincts and polling places. Based on this review, recommendations are reviewed with the local Electoral Board. Three changes are proposed: • 0080 Chimney Hill — move the polling place from Beth Chaverim Congregation to Rosemont Elementary School, which is located at 1257 Rosemont Road, 23454; • Split Precinct 0064 (Rosemont Forest) to create a new precinct, 0099 Salem Woods, with a polling place at Parkway Elementary School, which is located at 4180 O'Hare Drive, 23453; • Split Precinct 0031 (Sigma) to create a new precinct, 0100 Sandbridge, with a polling place at Tabernacle United Methodist Church, which is located at 1265 Sandbridge Road, 23456. The Electoral Board endorsed these changes at its March 2018 meeting. • Considerations: The attached ordinance updates the precincts and polling locations of the aforementioned precincts in City Code § 10-1. As required, these locations will be ADA compliant. • Public Information: This item will be advertised as part of the normal Council Agenda process. As required by State law, a public hearing for these changes will be held on March 20, 2018, during the Council Formal Session. The notice for this hearing was published in the Beacon on March 11 and March 18. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance; Maps (3) Recommended Action: Approval Submitting D. . ment/Agency: Office of Voter Registration and Elections City Manage 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING PLACE FOR THE 3 CHIMNEY HILL PRECINCT, AND TO ESTABLISH THE 4 SALEM WOODS PRECINCT AND POLLING PLACE, AND 5 TO ESTABLISH THE SANDBRIDGE PRECINCT AND 6 POLLING PLACE 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 Section 10-1 of the City Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 10-1. Establishment of precincts and polling places. 15 16 There are hereby established in the city the following precincts and their 17 respective polling places, as set forth below: 18 19 Precinct Polling Place 20 21 Alanton Alanton Elementary School 22 Aragona Bayside Sixth Grade Campus 23 Arrowhead Arrowhead Elementary School 24 Avalon Woodstock Elementary School 25 Baker Ebenezer Baptist Church 26 Bayside Bayside Elementary School 27 Bellamy Salem Middle School 28 Blackwater Blackwater Fire Station 29 Bonney Discovery Church 30 Brandon Brandon Middle School 31 Brookwood Plaza Annex 32 Buckner Green Run Baptist Church 33 Cape Henry Research and Enlightenment Building (Edgar 34 Cayce Library) 35 Capps Shop Back Bay Christian Assembly 36 Centerville Centerville Elementary School 37 Chesapeake Beach Bayside Baptist Church 38 Chimney Hill Ge eth Chaverim 39 Rosemont Elementary School 40 College Park College Park Elementary School 41 Colonial Colonial Baptist Church 42 Colony Lynnhaven Colony Congregational Church 43 Corporate Landing Corporate Landing Middle School 44 Courthouse Kellam High School 45 Creeds Oak Grove Baptist Church 46 Cromwell Salem United Methodist Church 47 Culver Ocean Lakes High School 48 Dahlia Green Run High School 49 Dam Neck Corporate Landing Elementary School 50 Davis Corner Bettie F. Williams Elementary School 51 Eastern Shore Eastern Shore Chapel 52 Edinburgh St. Aidan's Episcopal Church 53 Edwin Kempsville Middle School 54 Fairfield Kempsville Presbyterian Church 55 Foxfire Wave Church 1 56 Glenwood Glenwood Elementary School 57 Great Neck All Saints Episcopal Church 58 Green Run Green Run Elementary School 59 Haygood Haygood United Methodist Church 60 Hillcrest New Castle Elementary School 61 Holland Holland Elementary School 62 Homestead Providence Presbyterian Church 63 Hunt Princess Anne Recreation Center 64 Independence Water's Edge Church 65 Indian Lakes Indian Lakes Elementary School 66 Indian River San Lorenzo Spiritual Center 67 Kings Grant St. Nicholas Catholic Church 68 Kingston King's Grant Presbyterian Church 69 Lake Christopher New Covenant Presbyterian Church 70 Lake Joyce Morning Star Baptist Church 71 Lake Smith Bayside Church of Christ 72 Landstown Landstown Community Church 73 Larkspur St. Andrews United Methodist Church 74 Lexington Larkspur Middle School 75 Linkhorn Virginia Beach Community Chapel 76 Little Neck Lynnhaven United Methodist Church 77 London Bridge London Bridge Baptist Church 78 Lynnhaven Cape Henry Church 79 Magic Hollow Virginia Beach Moose Family Center 80 Malibu Malibu Elementary School 81 Manor Providence Elementary School 82 Mt. Trashmore Windsor Woods Elementary School 83 Newtown Good Samaritan Episcopal Church 84 North Beach Galilee Episcopal Church 85 North Landing Hope Haven 86 Ocean Lakes Ocean Lakes Elementary School 87 Ocean Park Bayside Community Recreation Center 88 Oceana The Gathering at Scott Memorial United 89 Methodist Church 90 Old Donation Calvary Baptist Church 91 Pembroke Pembroke Elementary School 92 Pinewood Lynnhaven Presbyterian Church 93 Plaza Lynnhaven Elementary School 94 Pleasant Hall Emmanuel Episcopal Church 95 Point O'View Kempsville Church of Christ 96 Red Wing Fraternal Order of Police, Lodge #8 97 Rock Lake Salem Elementary School 98 Rosemont Forest Rosemont Forest Elementary School 99 Roundhill Salem High School 100 Rudee Virginia Beach Volunteer Rescue Squad 101 Building 102 Salem Woods Parkway Elementary School 103 Sandbridqe Tabernacle United Methodist Church 104 Seatack Mount Olive Baptist Church 105 Shannon Church of the Ascension 106 Shelburne Christopher Farms Elementary School 107 Shell Unity Church of Tidewater 108 Shelton Park Shelton Park Elementary 109 Sherry Park St. Matthews Catholic Church 110 Sigma Red Mill Elementary School 111 South Beach Contemporary Art Center of Virginia 112 Stratford Chase Community United Methodist Church 113 Strawbridge Strawbridge Elementary School 114 Tallwood Tallwood Elementary School 115 Thalia Thalia Elementary School 116 Thoroughgood Independence Middle School 117 Timberlake White Oaks Elementary School 118 Trantwood Church of the Holy Family 119 Upton Three Oaks Elementary School 120 Village Thalia Lynn Baptist Church 121 Windsor Oaks Windsor Oaks Elementary School 122 Witchduck Bayside Presbyterian Church 123 Wolfsnare Virginia Beach Christian Life Center 124 Central Absentee Voter AgricultureNoter Registrar Building 125 Precinct Adopted by the City Council of the City of Virginia Beach, Virginia, on this _day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF CY: ' Ate i onna Patterson Dana a eyer Voter Registrar City Attorney's Office CA14302 R-1 March 1, 2018 •f:''-- '_... '4.• . ••z" ,-, Z• •-••,,. C..:rr;‘, R' . -.= •:.• Plazz, ,,,. , ' •"•7,r.-.fl I4_,ohgat, ' .1, .... --, x-'-\ .",..._ '•,:.- .,..0 0:P• ..` ••,,- Po • Is .;'--- ,.. , ..,.0 _. 5,•,ti-t"ri,-..l Come -2-- , ..' 2f JL:tin ria,,:cc, ._, -:- _ 29 ..• 3 '71 , .. % .-, f. .E, ,...' , , The Lakes z __ omliirnney Hill . , - Beth Chatier.im Congregation 080 Chimney Hill -......, HS *:•••iit•-ri., • , 1 i c, • — Oak Springs liollAnd _ _ Elemental\ -.rr• '........hool Holland ES - - .-, 029 Holland -, -....: .. * . . .,- , .. .... reen Run BaptistCht.iech Green Run;ES 474 Buckner .--: Green Run •-• ---. -- . •- 046';:Green Run ew -••_. * , Elemnta Mapleton _ 6 r.p , .Z Flo-ernont ..••• 4 C: tr. Elementnt, ,..I1 6." h Holland Farms .- : z..- .< Green Rt. School "ev "r•-',. ,..,), Cr,.s 4.> `.4, ,‘,....,..3" ."-- 7.•-• zr ... a, ,-/6s, . 7111P.7). ri .";• -. .., ,-.. -- S ..,.. . ,..0, .....e t?.._ :..` Gras and o_. 'Z.- Virgini ,.., ( t,.t., Fart s -- , rT . -:: P _ 1--: 72._ < ',,,.:z. i. .'-, o,.. Buckner,_ '-•,,,..,. , ,- ,.evqo Farms c- -.- •?i,-'i.li., Park -7,-_,,-,••ri .. t .- 074 .-_. al A&n er Farms <",.,, ""‘e i'....," :%rni 9.•'lli ( Move the polling location from the Beth Chaverim Congregation to Rosemont Elementary School. oasN,.,„,, ,--, ts - Bellamy Wood "aid Li Parkmay 0 'l)t l''...t.6_7.4,a, ,.. Elementary I Li ,,,:': Sch°°I :71, re-,:r CY' ',. r;z: .,.,s6W" .?. ••5' •:.c.' 'e l'i/ifieq-- Sak.rn 7 ?,,,-.‘ h e,. S. -m Salem Wood:, '''. .N. I.I. ;,,,I',-..N., 'N. 7 .; "'s •e. ,- "-...,.. N. 099 Salem Woods Kempsville 4.-' v Plantation , . Coventry Bellamy Plantation S tie am uns .. Park ...., -,,- :_:r- J kJ• :s..-, .J'..• Tiliam t..n i H ,,..i.;4'.1'-'1:V,P, - 'F- IE.Orate R.- mont F ort ES ,... o ..., , ".‘‘ 4 ..„.k' rOoe I RC( toiind Hill I'..4 -of,ernontForest ,a, ,..4 Salem Ic'P3' E) rif /i.'. 1-z& <ill' caz-n Villages ,.: ...s ::- ''. ...-.... (.......r.omzi;.ne U -is Rock Creek ... ..:. 051 1 ..... : :: .. 'nci • :-.:" FID II,, , .:.....i,, _ Glenwood ES 058 Glenwood SaremtES .c.,,,,,„, Salem ii , ,9,131 Rock Lake L,,i,, Lakes ''.-7, EIC.6 LI1 s GlenwoodT E.4,11Ith tar, F oi I. Elementary , :: °.- School , ,...hoo I , ). a yndamere Wyndarn-r, 30d Pair S.alern Ullitea MethOdiSthUrth --, - - -- or'Rd 0.54 Cromwell ,„., > 054 058 Fani lc n Cr lirt Salem Split precinct 064, Rosemont Forest, and establish a new precinct,099 Salem Woods. The new polling location would be Parkway Elementary School. q Layer List Three Oaks ES055, , 063 0@5 Upton _ /\\\\... 19.,060Red Mill ES 0.31�Sia � J 411, I I fd r 100 Sandbridge 031 �a 033 Split precinct 031, Sigma, and establish a new precinct, 100 Sandbridge. The new polling location would be Tabernacle United Methodist Church. ir- : 1 CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: An Ordinance to Amend Section 23-50 of the City Code Pertaining to Accumulations of Trash, Garbage, Etc., or Excessive Growth of Weeds and Grass MEETING DATE: March 20, 2018 • Background: The current provisions of Section 23-50 of the City Code require that a one acre piece of property zoned Agriculture must also be used principally for agriculture. The current enabling legislation for this provision in Virginia Code Section 15.2-901, grants an exemption for any land zoned for or in active farming operation. • Considerations: This amendment will bring the City Code into compliance with the State Code. So, for a parcel to be exempt from these provisions, it needs to be either zoned for (Agriculture) or in active farming operation. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the Ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Housing and Neighborhood Preservation City Manager:11* 1 AN ORDINANCE TO AMEND SECTION 23-50 2 OF THE CITY CODE PERTAINING TO 3 ACCUMULATIONS OF TRASH, GARBAGE, 4 ETC., OR EXCESSIVE GROWTH OF WEEDS 5 OR GRASS 6 7 Section Amended: § 23-50 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 23-50 of the City Code is hereby amended and reordained to read 13 as follows: 14 15 Sec. 23-50. - Accumulations of trash, garbage, etc., or excessive growth of weeds 16 or grass. 17 18 . . . . 19 20 (e) The provisions of this section shall not apply to any parcel of land greater than ono 21 22 _ - _ - •--- - -- - ' - - — - - - -- -- - - -- -- - - , 23 _ _ _ _ _ ._ _ e_ e_ - . zoned for or in active farming operation. 24 25 . . . . 26 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 I - ()c)L,C -.. Housing I\Nei• borhood City Attorneys Office Preservation CA14263 R-2 March 6, 2018 �'v'•<u sFicttt�� res CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Full-Time Psychiatrist Position and Reduce Capacity of a Part-Time Psychiatrist Position in the Department of Human Services MEETING DATE: March 20, 2018 • Background: The Pathways Center provides crisis stabilization and substance detoxification services in a facility that operates 24 hours per day, seven days per week. Individuals receive intensive residential and medically monitored services, staying in care an average of five days. The crisis stabilization services provided in the Pathways program are outlined in the annual Performance Contract between the City of Virginia Beach Human Services Department (HSD) and the Virginia Department of Behavioral Health and Developmental Services (DBHDS). DBHDS licenses the crisis stabilization units across the state and requires that 75% of available bed days at any given facility are utilized by individuals in need of services. Among the services required to be offered are medical services such as psychiatric assessments, medication prescribing and monitoring, and physical health checks, all of which require adequate medical staff onsite. Despite an aggressive recruitment strategy, HSD part-time Psychiatrist positions have remained vacant for several years. As service demand has grown and programs have expanded to fulfill those needs, the need for an additional full-time Psychiatrist has become critical. HSD is requesting approval to use funding appropriated for this part-time position, budgeted as 1.70 FTE, to create a new full-time Psychiatrist position and reduce the existing part-time position to 0.25 FTE. Retention of the reduced part-time position will reserve capacity to engage on-call physicians to provide coverage as needed for overnights, weekends and holidays. Inquiries indicate that on-call medical professionals will be easier to recruit than part-time doctors with set schedules. The budget for the existing part-time position(s) is $319,832 and the anticipated costs of a full-time Psychiatrist total $270,309. The remaining $49,523 will fund the remaining 0.25 FTE part-time position. • Considerations: A full-time Psychiatrist assigned to the Pathways program is needed in order to come into and remain in compliance with DBHDS Performance Contract requirements for crisis stabilization units. Funding is currently appropriated in the FY 2018 operating budget for a 1 .7 FTE Psychiatrist, but in a part-time position. The addition of a new full-time Psychiatrist position while preserving 0.25 FTE in the current part-time position will be cost-neutral and will reduce the total FTE count by 0.45. • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Depart - • a gency: Department of Human Services City Manager: 111. r.� 1 AN ORDINANCE TO AUTHORIZE A FULL-TIME 2 PSYCHIATRIST POSITION AND REDUCE 3 CAPACITY OF A PART-TIME PSYCHIATRIST 4 POSITION IN THE DEPARTMENT OF HUMAN 5 SERVICES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 Within the Department of Human Services' FY 2017-18 Operating Budget, one 11 new full-time psychiatrist position is hereby authorized for the Pathways Center and to 12 offset the funding required for such position the current part-time psychiatrist position is 13 reduced from 1.70 FTE to 0.25 FTE. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0/1/0 Ci-2 ,-19Jh David Bradley Dana Harmeyer Budget & Management Services City Attorney's Office CA14322 R-1 March 6, 2018 ..,, f (7! • CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution Appointing Terri Heather Chelius to the Position of Chief Deputy City Clerk MEETING DATE: March 20, 2018 • Background: Section 2-77 of the City Code provides that "[t]he council may appoint such deputies to the city clerk as it deems necessary to serve at the pleasure of the city clerk." ■ Considerations: This resolution appoints Terri Heather Chelius to the position of Chief Deputy City Clerk, effective March 1, 2018. This appointment will create a vacancy in the position of Deputy Clerk II. The Clerk will present Council with a resolution to fill that vacancy in the near future. • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution. Recommended Action: Adopt resolution Submitting Departme• .Agency: City Clerk av/f3 City Manager: 4.1 1 A RESOLUTION APPOINTING TERRI HEATHER CHELIUS 2 TO THE POSITION OF CHIEF DEPUTY CITY CLERK 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-77 of the City Code, Terri Heather Chelius is hereby appointed 8 to the position of Chief Deputy City Clerk, effective March 1, 2018. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 11 , 2018. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: 64,.(0‘ A(11- 4.4/ --- City Cle (1 City Attorney's Offic CA14325 R-1 March 12, 2018 ice:.-..... -' '•! [ .7,,,,-(Ak,,, r. firb CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City Manager to Execute an Interim Agreement for Project Development and Operations Planning for the Sports Center Project MEETING DATE: March 20, 2018 • Background: The City of Virginia Beach received a consultant's study (the "Victus Study") in late 2016, which strongly indicated the capacity in the local market to support the development of a new indoor sports center (the "Sports Center") near the City's Convention Center. As discussed in the Victus Study, a new indoor sports center would have multiple favorable outcomes including additional hotel room nights, especially in the off-season, and reducing the sports tourism utilization of the Convention Center. The FY18 Capital Improvement Program ("CIP") included an appropriation of $4,000,000 for the initial design and planning of the Sports Center, and the CIP included a planning year number of $36,000,000 in FY19. At the July 18, 2017 Council meeting, the City Manager's Office presented a draft solicitation requesting PPEA proposals for the Sports Center. On September 26, 2017, the City received conceptual proposals from three firms. These conceptual proposals were posted on the City's website (www.vbgov.com) as required by the PPEA and the City's PPEA Guidelines, and the proposals remain posted today. The City requested detailed proposals from the three firms on or about October 17, 2017, and after receipt of detailed proposals, the City undertook detailed negotiations with the three firms that responded to the City's PPEA solicitation. The City staff briefed the City Council on January 9, 2018 with a staff recommendation to pursue an interim agreement for project development and operations planning with Eastern Sports Management ("ESM"). The proposed interim agreement was posted on the City's website on Feb 2, 2017. Council was provided an additional briefing on March 6, 2018 with the details of the interim agreement with ESM. • Considerations: An interim agreement with ESM will allow the City to advance the planning for the Sports Center project. Specifically, ESM will assist in developing the programmatic requirements of the facility as it is being designed. Additionally, ESM is preparing operational models for an operating agreement after the facility opens, which would be for a maximum term of 20 years. Should the project advance to a comprehensive agreement for operations, that comprehensive agreement would be separately posted and would require approval by the City Council. Attached to this agenda item is a summary of material terms for the interim agreement. Additionally, the entire interim agreement is attached hereto. • Public Information: Public information will be handled through the normal Council agenda process. Additionally, a public hearing on the PPEA proposals was held on February 6, 2018 as required by Virginia Code § 56-575.17(B). The proposals and interim agreement are posted on the City's website, www.vbgov.com. • Recommendations: Approve the resolution. • Attachments: Resolution; Summary of Material Terms; Interim Agreement; Disclosure Form Recommended Action: Approval Submitting Departre Agency: City Manager's Office City Manager: 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN INTERIM 3 AGREEMENT FOR PROJECT DEVELOPMENT AND 4 OPERATIONS PLANNING FOR THE SPORTS 5 CENTER PROJECT 6 7 WHEREAS, on September 26, 2017, the City received conceptual proposals under 8 the Virginia Public-Private Education Facilities and Infrastructure Act ("PPEA") from three 9 firms in response to a solicitation by the City for a sports center facility (the "Sports 10 Center"); and 11 12 WHEREAS, the conceptual proposals were posted on the City's website 13 (www.vbgov.com) as required by the PPEA and the City's PPEA Guidelines; and 14 15 WHEREAS, after receipt of detailed proposals, the City undertook detailed 16 negotiations with the three firms that responded to the City's PPEA solicitation; and 17 18 WHEREAS, the City staff briefed the City Council on January 9, 2018 of its 19 recommendation to pursue an interim agreement for project development and operations 20 planning with Eastern Sports Management ("ESM") through ESM VBSC, LLC; and 21 22 WHEREAS, a proposed interim agreement was posted on the City's website to 23 allow public review; and 24 25 WHEREAS, a public hearing was held on February 6, 2018 to allow the public to 26 provide input on the PPEA proposals as required by § 56-575.17.B; and 27 28 WHEREAS, an interim agreement will allow the City to advance the operations 29 plan for the Sports Center, which should also allow the development of a proposed 30 Comprehensive Agreement for an operator of the Sports Center with an anticipated 31 maximum term of 20 years to be considered by the City Council; 32 33 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA. THAT: 35 36 1. Based upon the City's review of the proposals received and information and advice 37 provided by City staff, the City Council determines that entering into an interim 38 agreement for project development and operations planning with ESM VBSC, LLC 39 will serve the public purpose by advancing the project development of the 40 proposed Sports Center. 41 42 2. The City Manager or his designee is hereby directed to execute, after approval for 43 legal sufficiency by the City Attorney or his designee, the interim agreement 44 pursuant to the PPEA with ESM VBSC, LLC. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office jy o n y's Office CA14276 R-1 February 2, 2018 SUMMARY OF MATERIAL TERMS SPORTS CENTER (CIP 9-041) PPEA INTERIM AGREEMENT PARTIES: City of Virginia Beach("City") ESM VBSC, LLC ("Operator") PURPOSE: Advance PPEA process toward the development of a comprehensive agreement to operate and manage the Sports Center facility for a maximum term of twenty years. TERM: Date of execution until November 1, 2018. However, the Interim Agreement will terminate upon one of three things: (a) execution of a comprehensive agreement; (b) either party providing notice of its intent to not proceed with the development of the project; (c) the expiration of the term. WORK ITEMS: (1) Owner's representative consulting fee; (2) Detailed operations proforma; (3) Staffing plan; (4) Marketing plan (in consultation with CVB Sports Marketing); (5) Operator engagement fee; (6) Analysis of risk sharing model, including possible operator investment; (7) Draft operating agreement: construction period & 20-year term COST: Not to exceed $150,000 VIRGINIA BEACH SPORTS CENTER OP 9-041 PPEA RFQ for the City of Virginia Beach INTERIM AGREEMENT THIS INTERIM AGREEMENT (this "Agreement"), dated as of March _, 2018 (the "Effective Date"), between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(the"City")and ESM VBSC,LLC,a Virginia limited liability company, ("Manager"),recites and provides as follows: RECITALS: A. On September 26, 2017, the City received conceptual proposals, under the Virginia Public-Private Education Facilities and Infrastructure Act of 2002 ("PPEA") and the City's PPEA Guidelines ("Guidelines"), pursuant to a solicitation by the City for a sports center facility (the "Project"). B. After a request for detailed proposals, the City received detailed proposals on November 15,2017 for the Project pursuant to a request by the City for such proposals. C. The Manager has submitted a conceptual and a detailed proposal (collectively, the "Proposal") in response to the City's requests for conceptual and detailed proposals. D. As permitted by the PPEA, the City and Manager now desire to enter into this Agreement to facilitate and support the efficient and comprehensive evaluation of the Project, as hereinafter more particularly set forth. E. As permitted under the PPEA,the City elected not to accept the general contractor and architect included in the Proposal. Contemporaneously with this Agreement, the City shall execute a separate Interim Agreement with Mid-Eastern Builders Inc, a Virginia corporation and contracting company ("Developer"), that will provide the construction services for the Project ("MEB Interim Agreement"). AGREEMENT In consideration of the premises set forth in the Recitals, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the City and the Manager (each, a "Party" and together,the "Parties")hereby agree as follows: 1. Interim Agreement: Purpose. a. Interim Agreement. This Agreement is an "interim agreement" (as that term is used under the PPEA and the Guidelines) between the City and Manager in respect of the Project. Major components of the Project are outlined on the attached Exhibit A (unless otherwise indicated, or the context requires,each reference in this Agreement to an"Exhibit"or to a"Section"refers to an exhibit or a section of this Agreement, as applicable). b. Purpose.This Purpose of this Agreement is to engage Manager to produce for the City certain services,reports,plans, and recommendations (collectively,the "Deliverables") VIRGINIA BEACH SPORTS CENTER CIP 9-041 PPEA RFQ for the City of Virginia Beach regarding various aspects of the Project. The Deliverables are more specifically described in Exhibit B. The Parties anticipate that the City will use all, or a portion of, the Deliverables and those Deliverables under the MEB Interim Agreement to determine whether to approve the Project and whether to pursue Comprehensive Agreements with the Manager and Developer pursuant to the PPEA and the Guidelines. 2. Term. The term of this Agreement (the "Term") becomes effective as of the Effective Date and continues in effect until 5:00 PM local time in the City of Virginia Beach, Virginia (the "City"), on November 1, 2018, unless this Agreement expires or is terminated at an earlier date under a provision of this Agreement. The Term may be extended by amendment of this Amendment, but neither Party is obligated to agree to any such amendment. 3.Deliverables; Schedule; Reports; Meetings; Monitoring; Finder Activities. a. Deliverables and Schedule.Manager will provide to the City the Deliverables in substantial compliance with the schedule set forth in Exhibit B(the "Schedule"). b. Reports and Meetings. Manager will deliver monthly written progress reports to the City's designated project manager(the "City's Project Manager") beginning on the 30th day of the Term and on each 30-day anniversary of that initial reporting date occurring during the Term and a final such report on the last business day of the Term.In addition to any meetings or similar conferences specified in Exhibit B, Manager's designees as its project managers for the Project(the "Manager's Project Principals"), along with its other principal development team members, consultants and subcontractors (collectively, the "Manager's Project Team"), as appropriate, will participate in monthly meetings with all or portions of the group the City designates as its management team for the Project (the "City's Management Team") and its selected consultants. The City's Project Manager (or that manager's designee), in consultation with the designee of Manager's Project Principals, will specify the reasonable dates and times for these meetings. The City's Project Manager is authorized to cancel,or waive,any of these monthly meetings,or opt to conduct any of these meetings via telephone, video conference,or other similar means. Among any other reasonable purpose that the City's Project Manager may specify reasonably in advance, the participants in the monthly meetings will review (i) the then-current status of the Deliverables; (ii) new information related to the Deliverables or the Project; and(iii)Manager's performance under this Agreement. c. Monitoring. Members of the City's Project Management Team are entitled to monitor any of the work undertaken by, or for, Manager under this Agreement, so long as that monitoring does not unreasonably interfere with that work, or with Developer,or any applicable subcontractor's business. 4. Manager Compensation and Reimbursements; Payments; Limitations; Audit. a. Compensation. As full and complete compensation for its production and provision of the Deliverables and its performance of any other obligations under this Agreement,the City will pay to Manager an amount not to exceed the amounts set forth on Exhibit B(the"Budget")the VIRGINIA BEACH SPORTS CENTER CIP 9-041 PPEA RFQ for the City of Virginia Beach "Pre-Management Fee"and will reimburse Manager the costs and expenses designated as "Compensable Costs"in the Budget. b. Payments. Payment to be made in$30,000 increments beginning within ten(10)days of the Effective Date, and every 30 days thereafter until the full amount of the Budget has been paid. Upon City's receipt of all the Deliverables, so long as the Manager is in substantial compliance with all the terms of this Agreement, any outstanding balance of the Budget will be paid in full within ten (10)days. c. Limitations.The City's aggregate total liability to compensate and reimburse Manager in connection with this Agreement(whether as part of the Pre-Management Fee,as Compensable Cost, or otherwise)will not exceed the amounts set forth on Exhibit B.Moreover,no travel,lodging or meal expenses associated with the Deliverables, nor any fines or similar penalties, associated with Manager's performance under this Agreement,and no costs or expenses associated with the negotiation or execution of this Agreement,nor any costs or expenses associated with the negotiation or execution of any Comprehensive Agreement, will be reimbursable as Compensable Costs. The Compensable Costs shall be limited to costs and expenses incurred in connection with the Deliverables and not costs and expenses previously incurred by Manager in connection with the Proposal,provided the Operator engagement fee may represent some of the costs incurred by Manager prior to the execution of this Agreement. d. Audit.During the Term,and for a period not less than five years after the last payment is made to Manager under this Agreement, or the last day of the Term, whichever is later, Manager will keep and maintain complete and accurate records, books of account, reports and other data (the `Books and Records") pertaining to its performance, and the computation of compensation and reimbursements payable to Manager, under this Agreement. Upon reasonable notice from the City, Manager will make the Books and Records available during normal business hours for inspection and audit by the City and its designee, which may include the City and any other governmental entity providing funding in connection with the City's possible participation in the Project. The City will be entitled to copy all or any part of the Books and Records. 5.Project Approval; Possible Comprehensive Agreement. a. Approval Status.The City is still evaluating whether to approve the Project as part of its Capital Improvement Program. Accordingly,this Agreement and the MEB Interim Agreement are not,and are not intended to be, evidence of any such approval,or a promise or assurance that the City will approve the Project, or that the City will approve Manager; any Manager Principal; any Manager employee, manager, member, officer, owner, or principal; any entity in which Manager (or any Manager affiliate,manager,member,officer, owner,or principal)is a member or owner; any member of Manager's Project Team; or any other person or party, will be approved as the Project Manager. Moreover, the City is not obligated, and will not be obligated, to provide such approval, or to enter into a Comprehensive Agreement (as that term is used under the PPEA and the Guidelines), another interim agreement,a partnership or joint venture agreement,or any other form of contract,arrangement or relationship with Manager; any Manager Principal; any Manager employee, manager, member, officer,owner,or principal;any entity in which Manager(or any Manager affiliate,manager,member, officer, owner, or principal) is a member or owner; any member of Manager's Project Team; or any other person or party with respect to the Project(or any other project),the VIRGINIA BEACH SPORTS CENTER CIP 9-041 PPEA RFQ for the City of Virginia Beach Project Manager, or for any other purpose. Manager has submitted the Proposal, has entered into the engagement evidenced by this Agreement,and will contribute to the evaluation process of the Project at its own risk and cost, except for its rights to compensation expressly set out in this Agreement. Moreover, should further negotiations in respect of the Project,or the Project Manager(including any as to an amendment of this Agreement, or as to any possible Comprehensive Agreement for the Proposed Project)occur involving the City,or any representative of the City,or the government of the City and Manager;any Manager Principal;any Manager employee,manager,member,officer,owner, or principal;any entity in which Manager(or any Manager affiliate,manager,member,officer,owner, or principal) is a member or owner; any member of Manager's Project Team; or any other person or party, the City is not, and will not be, obligated to complete or continue those negotiations, and the City may terminate any of those negotiations, as well as its evaluation of the Project, for any reason, or for no reason, in its sole discretion without liability, except for compensation expressly provided under this Agreement that may have been earned, and therefore due and payable, on or before such termination. The approval of the Project, any Project Manager, and any further contract, arrangement or relationship as to the Project, requires passage of a binding resolution by the City Council of the City. b. Possible Comprehensive Agreement. That approval status described in Section 5(a) notwithstanding, during the Term,the City(in its sole discretion)may determine that it is appropriate to attempt to negotiate the form of a Comprehensive Agreement with Manager (or a Manager- designated affiliate or other Manager-designated party) and Comprehensive Agreement with Developer that are acceptable to the City and the applicable party. If the City so determines,the City and that applicable party(to the extent not anticipated by the then-existing Schedule)will formulate a negotiating and drafting schedule for this task and will endeavor to produce such a Comprehensive Agreements in accordance with the applicable timetable. 6. Expiration/Termination of Term. This Agreement will automatically end upon the earliest of: (i) execution of a Comprehensive Agreement, or another interim agreement, in respect of the Project; (ii)the 5th business day after the date that either Party receives notice from the other that the Party giving notice does not intend to approve, or proceed with development of,the Project, or that it does not intend to otherwise pursue the Project with the other Party and elects to end this Agreement; or(iii)the expiration of the Term.If a Party ends this Agreement under clause(ii),immediately above, or the Term expires, all Deliverables then made or in production, including any work product, plans, projections, design concepts and other items delivered or due to be delivered to the City on or before the date of termination, or expiration,will become the property of the City upon delivery, the date of the termination, or the date of expiration of the Term, whichever is earlier; provided that the City has paid to Manager all sums which are due and payable to Manager as required by the terms of this Agreement. 7. Designated Project Personnel. a. Manager.Manager's Project Principals,and the members of Manager's Project Team are all listed on Exhibit C. While this Agreement is in effect, Manager will cause each of Manager's Project Principals to devote sufficient time and attention to directing and overseeing Manager's performance under this Agreement, participate in all meetings and conferences specified in the Schedule or required under this Agreement,and to interact with members of the City's Project VIRGINIA BEACH SPORTS CENTER CIP 9-041 PPEA RFQ for the City of Virginia Beach Management Team and the City's consultants and representatives for purposes of this Agreement. Manager may change the composition of Manager's Project Principals only upon receiving the prior consent of the City, which will not be unreasonably withheld. City acknowledges and agrees that Developer shall have its own Developer Project Principals in accordance with the MEB Interim Agreement. Manager shall in consultation with the City's Project Management Team manage and oversee the Developer and the design, construction, operation, and maintenance of the Project in accordance with the terms of this Agreement and the Comprehensive Agreement. b. City. The City's Project Manager and the members of the City's Project Management Team are all listed on Exhibit C-1.While this Agreement is in effect,the City will cause all the City's Project Management Team to devote sufficient time and attention to directing and overseeing the City's performance under this Agreement, and to interact with members of Manager's Project Principals for purposes of this Agreement. 8. Accuracy of Proposal; Representation& Warranties. Manager represents and warrants to the City that (i) to the best of Manager's knowledge and belief as of the date of this Agreement all factual statements made in Manager's submissions to the City evidencing the Project(including those pertaining to prior experience and expertise) are true, accurate, and not misleading in any material respects,(ii)Manager has the expertise and capacities to produce and provide the Deliverables and to perform its other obligations under this Agreement, (iii) the data and other information contained within the Deliverables will be accurate and complete and its use for the purposes of this Agreement will not violate any law,or infringe or violate any property right,and(iv)Manager has full power and authority to enter into this Agreement,and the person[s] signing this Agreement on behalf of Manager has full power and authority to bind Manager under this Agreement. 9. Indemnification. Manager will indemnify the City (and the members of its board and its officers, employees and authorized representatives) from and against any loss, damage, expense, liability and expense (including reasonable attorneys' fees) arising from (i) bodily injury or property damage to the extent caused by the negligent or wrongful act, error, or omission of Manager, any member of Manager's Project Team, or any of Manager's or any of Manager's Project Team's employees,officers,contractors,agents or others for which Manager is legally responsible or who were otherwise acting on Manager's behalf, or (ii) the claims of third parties to the extent caused by the Manager's failure to perform its obligations, or its breach of any representation or warranty made, under this Agreement,provided in each case that the applicable claim is presented within two(2)years after the expiration or earlier termination of the Term.This indemnification provision(y)will survive the expiration of the Term or its earlier termination, and (z) is not, and is not to be construed as, a limitation of liability. Notwithstanding the foregoing, Manager's indemnification obligations as set forth herein shall exclude any loss,damage,expense,liability and expense arising from(i)bodily injury or property damage to the extent caused by the negligent or wrongful act, error, or omission of Developer, any member of Developer's Project Team, or any of Developer's or any of Developer's Project Team's employees, officers,contractors,or agents. 10. Independent Contractors. Manager and each of Manager's Project Team is an independent contractor for all purposes of this Agreement.Neither Manager,each of Manager's Project Team, nor any of their employees, agents, subsidiaries or subcontractors is an employee, servant, agent,partner, or joint venturer of,or with,the City by reason of this Agreement,or any other reason.Neither the VIRGINIA BEACH SPORTS CENTER CIP 9-041 PPEA RFQ for the City of Virginia Beach City,nor any of its employees,agents,or subcontractors is an employee,servant,agent,partner or joint venturer of,or with,Manager by reason of this Agreement. 11. No Liability of Officials,Employees or Agents.No director,officer,official,employee,agent or representative of the City is,or will be,personally liable to Manager any of Manager's Project Team, or any successor in interest of any of them, as a consequence of any default or breach by the City for any sum that may become due to Manager, any of the Manager Project Team, or any successor in interest of any of them, or on any obligation incurred under this Agreement. No officer, official, employee, agent or representative of Manager or Manager's Project Team will be personally liable to the City, or any successor in interest, as a consequence of any default or breach by Manager or Manager's Project Team for any amount which may become due to the City or any successor in interest,or on any obligation incurred under this Agreement. 12.Insurance. a. Coverages. Manager, at its expense and not as a Compensable Cost, must carry the following insurance coverages: Workers' compensation insurance, commercial general liability insurance(on an occurrence basis),automobile liability insurance for any automobile owned or hired, and umbrella/excess liability insurance. The commercial general liability policy must be for a combined single limit for personal injury and property damage of not less than$1,000,000, and must provide coverage, at a minimum, for (i) broad form contractual liability specifically covering this Agreement, (ii) products liability and completed operations, and (iii) broad form property damage coverage. The automobile liability policy must a combined single limit policy for bodily injury and property damage of not less than $1,000,000). The umbrella/excess liability policy must be for a maximum single limit of$25,000,000) for supplementing the commercial general liability policy, workers' compensation and automobile liability policy. Workers' compensation coverage must conform to statutory requirements. b. Insurers; Insureds; Certificates. Manager's insurance policies required under this Agreement must be issued by companies authorized to do insurance business in the Commonwealth of Virginia and reasonably acceptable to the City. Those policies must be primary and non-contributory with any other insurance coverage or self insurance carried by the City with respect to any claims arising out of or in connection with this Agreement. The commercial general liability, automobile liability, and umbrella/excess liability insurance policies must name the City, its officers, employees and agents as additional insureds. Upon the Effective Date,and as may be reasonably required by the City during the Term, Manager must furnish certificates of insurance evidencing the required coverages.All insurance policies shall be in form,amounts and with such companies as are reasonably acceptable to the City,provided,however,each applicable insurer must have a Best's Insurance Rating of less than "A-". c. Insurance Related Covenants. Manager must (i) notify the City promptly after Manager learns of any loss, damage or injury related to or in connection with the Project or the performance or non-performance of under this Agreement; (ii)notify any applicable insurance carrier in compliance with the policy terms, (iii)take no action(such as admission of liability)that might bar the City from obtaining any protection afforded by any policy the City may hold, or that might prejudice the City in its defense to any claim,demand or suit within limits prescribed by the policy or VIRGINIA BEACH SPORTS CENTER CIP 9-041 PPEA RFQ for the City of Virginia Beach policies of insurance;and(iv)aid and cooperate with the City in every reasonable respect with respect to such insurance and any covered loss. d. Minimum Requirements. The required insurance coverages specified in this provision are minimum insurance coverages and coverage amounts, and those specifications are only for the purposes of this Agreement. The City has not assessed the risk to which Manager may be exposed, or the liability Manager may incur, in connection with this Agreement, nor has the City represented in any fashion that such coverages or coverage amounts are prudent or otherwise sufficient to protect Manager's interests. 13. Default;Remedies;Limitations. a. Default.If a Party fails to perform any of its obligations under this Agreement (a"Default"),the other Party is entitled to give notice to the defaulting Party, which must specify the Default and demand of performance. The defaulting Party must cure the specified Default within ten (10) days after it receives the notice of Default or, if such default cannot be remedied in such period, does not within such ten (10) days commence such act or acts as shall be necessary to remedy the default and shall not thereafter diligently proceed to cure such default. b. Remedies. If the defaulting Party does not cure the Default within that 10-day period or, if such default cannot be remedied in such period, does not within such ten(10)days commence such act or acts as shall be necessary to remedy the default and shall not thereafter diligently proceed to cure such default, the non-defaulting Party will be entitled to (i) terminate this Agreement immediately by giving notice of termination to the defaulting Party and(ii)pursue all other available remedies at law,or in equity,subject to the pre-conditions and limitations specified in this Agreement. c. Limitations. Anything to the contrary in this Agreement understanding, neither the City nor Manager will liable to the other Party for any punitive, indirect, or consequential damages arising in connection with this Agreement (including lost profits, opportunity costs, or any other damages). 14. Notices. To be effective, each notice,consent,approval, waiver,or similar communication or action required or permitted to be given under this Agreement (a "Notice") must be in writing and must be delivered either by private messenger service (including a nationally recognized overnight courier), or by USPS mail, addressed as provided in this provision. Each Notice will be considered given on the date it is provided to the applicable messenger, or to the USPS, as the case may be, and will be considered received on the date actually received,unless delivery is evaded,in which case,the date delivery is attempted will be considered the date the Notice is received. Each address set forth in this provision will continue in effect for all purposes under this Agreement unless a Party replaces its address information by appropriate new information by a Notice to the other Parties in compliance with this provision: To the City: Deputy City Manager Ronald Williams, Jr. 2401 Courthouse Drive,Room 234 Virginia Beach,Virginia 23456 VIRGINIA BEACH SPORTS CENTER CIP 9-041 PPEA RFQ for the City of Virginia Beach To the Manager: ESM VBTEC, LLC 2020 Landstown Centre Way Virginia Beach, VA 23456 Attn. John M. Wack, Jr. 15. Various Contract Matters. a. Governing Law; Binding Contract; Waiver. This Agreement is governed by the laws of the Commonwealth of Virginia without giving effect to its choice of law principles. This Agreement is binding upon, and inures to, the benefit of each of the Parties and their respective permitted legal successors and permitted assigns. The failure of a Party to demand strict performance of any provision, or to exercise any right conferred, under this Agreement is not, and is not to be construed as, a waiver or relinquishment of that Party's right to assert or rely on that provision or right in the future.Either Party,however,may elect to waive any right or benefit to which it is entitled under this Agreement. b. No Third Party Beneficiary or Other Similar Rights. There are no third-party beneficiaries to this Agreement. Accordingly, no third-party is entitled to make any claim under this Agreement for failure to perform or other breach under this Agreement. Only the Parties (and their respective permitted successors and permitted assigns) are entitled to rely upon the provisions of this Agreement. c. Compliance with Laws. Manager must comply, and must cause Manager Project Team, Manager's agents and subcontractors to comply, with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of its obligations under this Agreement. d. Prior Agreements and Discussions. Any agreements (whether in writing or oral) between the City and Manager existing before or contemporaneously with this Agreement relating to the Project (or any prior versions of the Project) are superseded by this Agreement. All prior discussions and negotiations as to the Project (or any prior versions of this project) are merged into this Agreement.The submission of any unexecuted copy of this Agreement does not constitute an offer to be legally bound by the provisions of the document submitted; and no Party will be bound by this Agreement until it is approved, executed and delivered on behalf of by both of the Parties. e. Assignment. Manager is not entitled to assign its rights,nor delegate its duties,under this Agreement without the prior consent of the City, which consent the City may be withheld in its sole discretion. f. Entire Agreement; Amendment; Counterparts. This Agreement constitutes the entire agreement of the Parties as to the Project.This Agreement may only be amended or modified by a writing signed on behalf of each of the Parties. This Agreement may be signed in any number of counterparts, and, so long as each Party signs at least one counterpart, each signed counterpart evidences an original Agreement,but all signed counterparts together constitute but one Agreement. VIRGINIA BEACH SPORTS CENTER CIP 9-041 PPEA RFQ for the City of Virginia Beach g. Rules of Usage and Interpretation. The captions in this Agreement are for convenience only and are not to be used in its interpretation. This Agreement shall not be construed against one Party,or the other Party,on the basis that its counsel drafted it or participated in its drafting. The worlds "include," "including," or words to similar purport are not to be construed to be words of limitation. References to a Party means and includes that Party and its permitted successors and permitted assigns. h. Venue. Any legal action, equitable cause, or other judicial proceeding with respect to this Agreement must be brought in the courts of the Commonwealth of Virginia in the City, or of the United States of America for the Eastern District of Virginia(Norfolk Division)and in no other courts. By signing this Agreement, each Party accepts for itself and in respect of its property, generally and unconditionally,the jurisdiction of those courts. [Signatures appear on following page] VIRGINIA BEACH SPORTS CENTER OP 9-041 PPEA RFQ for the City of Virginia Beach WITNESS the following signatures and seals. CITY OF VIRGINIA BEACH By: Name: Title: City Manager Date: ATTEST: City Clerk MANAGER: ESM VBSC, LLC, a Virginia limited liability company By: Eastern Sports Management, LLC, Virginia limited liability company, Sole Member By: John M. Wack, Jr.,Manager Date: VIRGINIA BEACH SPORTS CENTER CIP 9-041 PPEA RFQ for the City of Virginia Beach Exhibit A—Major Components of Project Pre-opening consulting Project plan development Operator agreement for a maximum term of 20 years VIRGINIA BEACH SPORTS CENTER CIP 9-041 PPEA RFQ for the City of Virginia Beach Exhibit B—Deliverables, Schedule,and Budget Deliverables related to Comprehensive Agreement: (1) Owner's representative consulting fee; (2)Detailed operations proforma; (3) Staffing plan; (4)Marketing plan(in consultation with CVB Sports Marketing); (5)Operator engagement fee; (6)Analysis of risk sharing model, including possible operator investment; (7)Draft operating agreement: construction period&20-year term Budget $150,000.00 Schedule City Council adopts Resolution with Notice of Intent to proceed with project. Project Team Meeting(s)—Manager,Developer and Consultants Issue written progress report to City's designated project manager. Project Team Meeting—Manager, Developer and Consultants Completed Schematic Design drawings due to Manager and Developer Issue written progress report to City's designated project manager Construction Estimate due to Manager and Developer Issue written progress report to City's designated project manager Issue Final report to City's designated project manager VIRGINIA BEACH SPORTS CENTER CIP 9-041 PPEA RFQ for the City of Virginia Beach Exhibit C—Project Principals: Project Team Project Principals Manager/Operator: ESM VBSC, LLC PROJECT TEAM Developer-Construction Contractor: Mid Eastern Builders Inc. - See MEB Interim Agreement for details of its team. Architect: MechanicaUElectricaUPlumbing Consultant: Structural Consultant: Civil Engineer: Legal : Hirschler Fleischer 725 Jackson Street, Suite 200 Fredericksburg,Virginia 22401 VIRGINIA BEACH SPORTS CENTER CIP 9-041 PPEA RFQ for the City of Virginia Beach Exhibit C-1—City's Management Team Deputy City Manager- Ronald Williams,Jr. Project Manager-Brad Van Dommelen City Attorney's Office-Dana R. Harmeyer,Esq. 9361105.2 042601.00002 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Eastern Sports Management, LLC SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? 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) jta E Accounting and/or preparer of PB Mares your tax return Financial Services (include Union Bank, Community Bank ❑ lending/banking institutions and of the Chesapeake, SONA Bank current mortgage holders as applicable) Hirschler Fleischer tom/ Ei Legal Services Wack General Contractor 0 Broker/Contractor/Engineer/Other VHB Service Providers Price Simpson Harvey CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. John Wack 3/12/2018 APP I NT'S SIGNATURE PRINT NAME DATE i✓ ir"7-.... til �U �[ ,..;ANS1A ) 4k CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the Plight of the People of Puerto Rico in the Aftermath of Hurricane Maria MEETING DATE: March 20, 2018 • Background: On September 20, 2017, Puerto Rico endured a direct impact from the worst storm to make landfall there in nearly a century. Many residents of Puerto Rico have lost their homes, entire communities have been displaced, and, more than six months since Hurricane Maria hit Puerto Rico, tens of thousands of residents are still living without access to electricity. Approximately ten thousand Puerto Ricans reside in Virginia Beach. Local organizations, citizens, and first responders have sacrificed their time and resources to help the people of Puerto Rico, including the 88 local team members of Virginia Task Force 2, Federal Emergency Management Agency Urban Search and Rescue Team, for which the Virginia Beach Fire Department serves as the sponsor agency. Even with the generosity of so many, there is still much more to be done to restore the territory's infrastructure, support its fiscal stability, and provide healthy, safe and sustainable living conditions for Puerto Rico's 3.4 million residents. ■ Considerations: Additional assistance from the United States Congress is needed to facilitate Puerto Rico's full recovery. This resolution urges the United States Congress to take the steps necessary to support Puerto Rico's full recovery. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmembers Dyer and Kane REQUESTED BY COUNCILMEMBERS DYER AND KANE 1 A RESOLUTION REGARDING THE PLIGHT OF THE 2 PEOPLE OF PUERTO RICO IN THE AFTERMATH OF 3 HURRICANE MARIA 4 5 WHEREAS, on September 20, 2017, Puerto Rico endured a direct impact from the 6 worst storm to make landfall there in nearly a century; 7 8 WHEREAS, many residents of Puerto Rico have lost their homes, entire 9 communities have been displaced, and, more than six months since Hurricane Maria hit 10 Puerto Rico, tens of thousands of residents are still living without access to electricity; 11 12 WHEREAS, given that approximately ten thousand Puerto Ricans reside in 13 Virginia Beach, the plight of those who continue to suffer in Puerto Rico weighs heavily 14 on our hearts and minds; 15 16 WHEREAS, the City Council joins with the Puerto Rican community in expressing 17 our deep appreciation to organizations, local citizens, and first responders who have 18 sacrificed their time and resources to help the people of Puerto Rico, including the 88 19 local team members of Virginia Task Force 2, Federal Emergency Management Agency 20 Urban Search and Rescue Team, for which the Virginia Beach Fire Department serves 21 as the sponsor agency; 22 23 WHREAS, even with the generosity of so many, there is still much more to be done 24 to restore the territory's infrastructure, support its fiscal stability, and provide healthy, safe 25 and sustainable living conditions for Puerto Rico's 3.4 million residents; 26 27 WHEREAS, the vast majority of those who reside in Puerto Rico, including all 28 persons born in the United States territory, are American citizens, and Puerto Ricans have 29 made significant contributions to our country in times of peace as well as times of war 30 and conflict; 31 32 WHEREAS, additional assistance from the United States Congress is needed to 33 facilitate Puerto Rico's full recovery; and 34 35 WHEREAS, the Virginia Beach Human Rights Commission has requested that the 36 City Council continue to keep the plight of the Puerto Rican people in their thoughts and 37 has asked that the Council share these ongoing humanitarian concerns with others. 38 39 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 That the City Council hereby expresses deep concern for the plight of the people 43 of Puerto Rico, its strong support for the recovery efforts that have helped Puerto Ricans 44 thus far, and its continued support for the further efforts needed to resolve the ongoing 45 concerns in the territory. 46 47 AND BE IT FURTHER RESOLVED: 48 49 That the City Council urges the United States Congress to take all steps necessary 50 to support Puerto Rico's full recovery and requests that the City Clerk provide Senators 51 Kaine and Warner and Congressman Taylor with a copy of this resolution upon adoption. 52 53 Adopted by the City Council of the City of Virginia Beach, Virginia, this day 54 of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14327 R-1 March 13, 2018 ' f'.'I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Surplus Congestion Mitigation and Air Quality Funding to CIP #2-418, "Indian River Road/Kempsville Road Intersection Improvements" MEETING DATE: March 20, 2018 • Background: The 2016 Appropriation Act adopted by the Virginia General Assembly included an item pertaining to the balance of transportation funds provided by the previous Primary, Secondary, and Urban Formula Funds Program, which reconciled such funds and Congestion Mitigation and Air Quality (CMAQ) Program Funds. This action identified completed, cancelled, or stalled projects, and allowed freed-up funding to be used to advance priority transportation projects within a respective locality. During the reconciliation process, VDOT identified a total of$1 ,401,912 in excess CMAQ funds (100% federal funds) on five (5) completed City of Virginia Beach projects from 1996 to 2009. The 2016 Appropriation Act allows excess CMAQ Funds from completed projects to be transferred to other eligible, fully funded, and active CMAQ projects in the Six Year Improvement Plan (SYIP). • Considerations: The Indian River Road/Kempsville Road Intersection Improvement Project, CIP #2-418, is an active and fully funded project eligible to accept the excess CMAQ Funds. CMAQ is not a grant program and funds are only available on a reimbursement basis. The surplus CMAQ funds available are federal and require a 20% local match ($350,478). There is sufficient local funding available in the Indian River Road/Kempsville Road Intersection Improvement Project, CIP #2-418, to satisfy the local match requirement. The addition of $1,401,912 in CMAQ Funds will cover project cost increases on the Indian River Road/Kempsville Road Intersection Improvements Project and reduce the overall future need for local funding on the project. The Indian River Road/Kempsville Road project is scheduled for construction starting Spring 2018. • Public Information: Normal City Council agenda process. • Attachments: Ordinance, Map Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works IIIIICity Manager. �i 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 SURPLUS CONGESTION MITIGATION AND AIR 3 QUALITY FUNDING TO CIP #2-418, "INDIAN RIVER 4 ROAD/KEMPSVILLE ROAD INTERSECTION 5 IMPROVEMENTS" 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $1,401,912 from the Surplus Congestion Mitigation and Air Quality Program is 11 hereby accepted and appropriated, with federal revenue increased accordingly, to CIP 12 #2-418 Indian River Road/Kempsville Road Intersection Improvements in the Fiscal Year 13 2017-18 Capital Improvement Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana Harmeyer Budget and Management Services City Attorney's Office CA14320 R-1 March 6, 2018 -, ri , v-,..*„..;-0,0s,,,,..4.,s, "111,,__44 , u , 11) 4 -.... ...... z 1 -7_,, (-L-I i-,---1— C3 "II tail4P/' tyi<c144104 i.... ---- LL 0 -- �� a 18/4"*af‘ :-,., :::::__._:,:,:::_:::: /0.4 -- 1. c, ,y, i wil. Ar_ja-* .4P, , Ai>. ,s; t :- ''Ali vs' . 0 Ce CI 0 5 g mil° ki, Hiii A, tyff/At.-- r.(44:,**•‘'k;e L... < CD 2 ° '-r2Pi 6 ' O o\ \ • INF----- - 1 . ii cz mr,e,, \\\.:4, ,,,-.) .,,..ti,„,. ,, .3 \ \, 8 zz-, > —1 .i.› 1 , ,:p„ " liii:*:„ ,7,,,,,z.y. '",2,44,/, O N >4" / /4 ,4-i ,,, p 0. a. .'SW` I 0 - '- � rZ :: Q 47 f > .11111 NBC 4, .7,4>>4, rQ ®-- -o� LL� , � itfU ' 111111:10 ;ia / 40 , - -', , '-- .- ' ‘r#i • 4 .,. . ., .. ,,., ., .\ , , . . . .. . 0. _.a..., .,... . _, .___________,___ _______ ,,,___111- /_-„-, ,--...--„---_--„77 //'N'.-„':7 - ' ' , -,.2 , ' .0''''' ,,,:::::::852° - Eiji / ---_ affabb/ . ...,... 411,* ,, .. ,. ., _ , < ,N-- . - , .(.,-). - - - N. O 7 / ,- 4,41"' 440Fitii . /1._ . J 1 1 ti• /---.-__ ----..---,,'-. 111P 1-------/ 4 '''' / 7 ''''-'' /* L--; Z.; - N'\''.INC'' Q ----: ' ‹)/ - • ''-- /4Ikt ' -VA,\-/ , r---2 �, Ln /��� /�� �\ \ N o , ,, ,--. ,,,,,,- \ iiii _ ../ i,,,, - „ N, (2. . ,. z s _ -,..z , , -0. .,,„ ,, , c, , ,...,.. 4) / , \ „. _ ,\ ,_ ,v/_. ,`Yc5,./V, -, - N,, i_, 2 '-. L. -11--,,4 / yC - s /\--- ' \\/ -` ° '''-' ' '' Y '<:. , / \/ /NN ,, /-'N,„1,;•//71:4,-....,) ,:.>, ,,,[ - -,--, V\ mob/,o .7A\ i'VIP i :, a .\P r a \, -,,,/ 7,_,,,,... -,� 0 \j,/,,,, `‘,/ \fj 0N�eR �`E PK Fu may, GE �N.ru 61 � 2) itc • CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Surplus Regional Surface Transportation Program Funding to CIP #2-152, "Elbow Road Extended Phase II-B" MEETING DATE: March 20, 2018 • Background: The 2016 Appropriation Act adopted by the Virginia General Assembly included an item pertaining to the balance of transportation funds provided by the previous Primary, Secondary, and Urban Formula Funds Program, which reconciled such funds and Regional Surface Transportation Program (RSTP) Funds. This action identified completed, cancelled, or stalled projects, and allowed freed-up funding to be used to advance priority transportation projects within a respective locality. During the reconciliation process, VDOT identified a total of $1,510,769 in excess RSTP funds ($302,154 state funds and $1,208,615 federal funds) on five (5) completed City of Virginia Beach projects from 1997 to 2012. The 2016 Appropriation Act allows excess RSTP Funds from completed projects to be transferred to other eligible and active RSTP projects in the Six Year Improvement Plan (SYIP). • Considerations: The Elbow Road Extended Phase II-B Project, CIP #2-152, is an active existing RSTP project eligible to accept the excess RSTP Funds. RSTP is not a grant program, and funds are only available on a reimbursement basis with a breakdown of 80% federal and 20% state. The addition of$1 ,510,769 in RSTP Funds will cover cost increases on the Elbow Road Extended Phase II-B Project and reduce the overall need for future local funding on the project • Public Information: Normal City Council agenda process. • Attachments: Ordinance, Map Recommended Action: Approval of Ordinance / Submitting De• -rt • n+ gency: Public Work City Manage. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 SURPLUS REGIONAL SURFACE TRANSPORTATION 3 PROGRAM FUNDING TO CIP #2-152, "ELBOW ROAD 4 EXTENDED PHASE II-B" 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $1 ,510,769 from the Surplus Regional Surface Transportation Program is hereby 10 accepted and appropriated, with $302,154 in state revenue and $1,208,615 in federal 11 revenue increased, to CIP #2-152, "Elbow Road Extended Phase II-B" in the Fiscal Year 12 2017-18 Capital Improvement Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana Harmeyer Budget and Management Services City Attorney's Office CA14321 R-1 March 6, 2018 �O!�i/flll��lltIi. � �� p-im71467C4 • �1 1 G �Ull, 1i-/� �I� EAGLE WAY�'1 ...�� , 1-�.. WEE vol+w r• ma I `-' 1, ,.allil ,"SI--:---= NECK-DR ti#10 0.44 atiR �, PI rairr I rilliiir..SOW.01It os ,te_ -/�� � NDE :� , will.10111 • �,a lo +il; � � // !p � EO �D'RR4016 ��► p//� � BRANN ■"i%ik�111 ' /MINN .c-,---ii,-----0 III umhdip git&-itrx-wiW -00061140_ �.,- p # - ,...'\ 4, 0 401 Ix $ -r ., SHIP - w ,/,,:// `4��� 1 .0 LS. t ._ 'tir rot LEy CT IP 1 ♦ �� �tW04, 4* Is�\,_ _;,i /401k1401 ,!iir �� ' 1�►� �< jj���VA 00,1041 41g;itse4,•4' ♦4`•f%` / -- an o\441, VI% . i m t � ��.0 ) 4ø +e :. 's c 4 -` WA ,' �� •• v *4r. �i� ' II S ii 4‘ N**** -; 4 \ v 45, ---4-11.0-. - ** #44 siktitiO* V so ' •' i�� v �r�10 ��i: 0► #� \\*-:- -Vim p O. . ), , i �, OW \ 4/ , a / ..-' ''� �'�'%- �� vmo ��► � •• tt �z ` 411, 'I ith �� `+ . ` V Ni 4 lk , , ' 4� ,���� I / 111 Stumpy Lake � � ;� �/��� 4.416, _ %\,--• 'ists 4, , 4 imw. , " VI! P4 t� ••• iii +i 16��a y o'r -q1V'400 -4" ."#, 4 ,. , , ‘i "--N, 0 C)* (- 4/,, 111111r0 ' 1 T.filli X 61 0, �i�FR 4" 004 LOCATION MAP ELBOW ROAD EXTENDED PHASE II-B CIP 2-152 Prepared by P.W./Eng./Eng.Support Services Bureau 8/15/2017 X:\CADD\ProjectsWRC Files\AGENDA MAPS\Elbow Rc „ , ��u''I.� ii- , _*1, tj ,,„.,..,...„,,,, ,,,,.:...„., CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate Funds to CIP 3-705 "Human Services Client Information II” MEETING DATE: March 20, 2018 • Background: The Department of Human Services (DHS) utilizes an electronic health records system (EHR) to store client demographic data, schedule and record clinical services provided to individuals served by the Community Services Board (CSB); report performance data to the Virginia Department of Behavioral Health and Developmental Services (DBHDS); and bill for reimbursements from Medicaid, other service providers, and individuals. On August 2, 2016, City Council approved the establishment of CIP 3-705 "Human Services Client Information II" to replace the current EHR, which is outdated and inflexible. • Considerations: Since the original appropriation of $849,810, DHS has received $124,358 in additional miscellaneous Medicaid revenue to fund the purchase of a modern EHR, now called Comprehensive Health Record (CHR). Since these are "meaningful use" monies (a Medicaid incentive for providing certain performance data), there are no use restrictions from the funding source, and, as such, DHS has chosen to reinvest these funds in CIP 3-705. This funding will be utilized to purchase the system and to pay for implementation costs. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services \CUCity Manas -r: ID 1 AN ORDINANCE TO APPROPRIATE FUNDS TO CIP 2 3-705 "HUMAN SERVICES CLIENT INFORMATION 3 II" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $124,358 is hereby appropriated to CIP 3-705 "Human Services Client Information 9 II" for the purchase of a new electronic health records system, called the Comprehensive 10 Health Record, to replace the current aging system, with Federal revenue increased 11 accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Qi\- ) DADisg-) - David A. Bradley Dana R. armeyer Budget & Management Services City Attorney's Office CA14324 R-1 March 7, 2018 - ,Zf CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: An Ordinance to Appropriate $118,698 for Fire Equipment and Supplies MEETING DATE: March 20, 2018 • Background: The Fire Department (the "Department") regularly provides fire and EMS services to participants and spectators at events all across the City. Many of these events have restricted areas which cannot be navigated by large fire apparatus or passenger vehicles. In order to provide services at these events, the Department has borrowed vehicles from other departments; however, these vehicles do not have fire and EMS capabilities. In order to address this need, the Department is requesting the appropriation of $74,023 for four utility vehicles. Three of the utility vehicles will have a capacity of four passengers with a cargo area for carrying gear and supplies and one will have a capacity of two personnel and a small water supply and fire pump. These vehicles will give the Department the capability to suppress small exterior fires without the need for larger fire apparatus, and it will allow fire response in small, restricted areas that are not navigable for a larger apparatus, as is often the case during special events. The Department is also requesting the appropriation of $44,675 to purchase updated emergency medical equipment including vascular access drivers and needle sets for all apparatuses and the training division. This equipment will be used to provide the most up-to-date medical care, the same standard which is currently being used by the City's EMS Department on all ambulances. To address these needs, the Department is requesting the appropriation of interest income earned over the past several years in their Aid to Localities (ATL) grant. • Considerations: Since FY 2009-10, interest has been accruing on ATL funding. State law requires an appropriation by Council prior to expenditure of these funds. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De•a - t/Agency: Fire Department City Manage Ile 1 AN ORDINANCE TO APPROPRIATE $118,698 FOR 2 FIRE EQUIPMENT AND SUPPLIES 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $118,698 is hereby appropriated, with interest income increased accordingly, to 8 the Fire Department's FY 2017-18 Operating Budget for the purchase of four utility 9 vehicles and updated emergency medical equipment and supplies. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Dojuu) Q) David Bradley Dana ` arrieyer Budget and Management Services City Attorney's Office CA14319 R-1 March 5, 2018 CITY OF VIRGINIA BEACH AGENDA ITEM } ITEM: An Ordinance to Accept and Appropriate $91,000 for Complex Care Program Services MEETING DATE: March 20, 2018 • Background: On June 29, 2017, the Community Services Board members voted to utilize prior years' state revenue to establish a Complex Care Program to provide intensive residential services to individuals at risk of homelessness, re-hospitalization or incarceration who have not had success with lower levels of housing and may be at-risk in the community without 24-hour support. At that time, the balance available from unrestricted state funds received from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) and retained for future use as of June 30, 2017 was $892,701 . On August 15, 2017, City Council appropriated $50,000 to start the Complex Care Program. Since that approval, four individuals have been enrolled into the program for a duration of one year, at an average monthly cost of $3,525. While participating in the program, all four individuals have: not required hospitalization or incarceration; maintained housing; experienced improvement in psychiatric symptoms; engaged in behavioral health treatment; adhered to a prescribed medication regimen; stabilized medical conditions; and improved daily living skills. Five more individuals have been identified who have been assessed as likely to benefit from participation in this program. Including the five incoming residential clients, the total funds committed for care equal $380,544 of the $892,701 available. Costs and commitments are monitored monthly, and there remain sufficient funds to serve approximately 10 - 12 more individuals before the funds available are exhausted. • Considerations: Through December 2017, expenditures for this program totaled $28,277, leaving $21 ,723 available in the current appropriation. January 2018 through June 2018 expenditures for the four current residents are estimated at $84,523. An additional $28,200 is desired to house five new individuals through June 2018. In total, this is a request to appropriate $91 ,000 of prior years' state revenue received from DBHDS. No General Fund support is being requested or obligated for future services for this program. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting DX part ►ent4gency: Department of Human Services ,�' City Manager: 1 ` 1 AN ORDINANCE TO APPROPRIATE $91,000 FOR 2 COMPLEX CARE PROGRAM SERVICES 3 4 WHEREAS, the Community Services Board (CSB) previously requested use of 5 funds reserved in the General Fund fund balance that have been reserved for CSB 6 initiatives because the origin of such funds was the Virginia Department of Behavioral 7 Health and Development Services; 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA THAT: 11 12 $91,000 in General Fund fund balance reserved for CSB activities is hereby 13 appropriated, with specific fund reserve revenue increased accordingly, to the Operating 14 Budget of the Department of Human Services for the continued support of four(4) current 15 participants of the Complex Care program and for the introduction of five (5) additional 16 individuals who have been identified as likely to benefit from participation in this program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana Harmeyer Budget & Management Sery ces City Attorney's Office CA14323 R-1 March 7, 2018 51 �1:•.,. Ali NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building,Municipal Center,Virginia Beach,Virginia,on Tuesday,March 20,2018 at 6:00 p.m.,at which time the following applications will be heard: DISTRICT 6-BEACH Alba Taxi,LLC/Edward Selamaj&Besnik Selamaj Conditional Use Permit(Automobile Repair Garage&Bulk Storage Yard)1208 Bells Road(GPIN 2416471784) 013 DISTRICT 3-ROSE HALL Crows Nest Holdings,LLC Va Reaver Beach Brewery/Thomas R.Booze)Conditional Use Permit (Craft Brewery)1501&1505 Taylor Farm Road,Suites 401,402,&403(GPIN 1495752791) DISTRICT 4-BAYSIDE Old Donation Episcopal Church Conditional Use Permit(Religious Use)4449 N.Witchduck Road(GPIN 1478634745) DISTRICT 3-BAYSIDE TI Properties, LLC Subdivision Variance(Section 4.4(c)(1)of the Subdivision Regulations) 2204 Treasure Island Drive(GPIN 1479888194) DISTRICT 6-BEACH C and C Development Co.,Inc./George&Joyce Cico Subdivision Variance(Section 4.4(c)(1)of the Subdivision Regulations) 2606 Arctic Avenue &400 27°,Street(GPINs 2428000560, 2428000483) DISTRICT 7-PRINCESS ANNE Stephen Lee Aronson Conditional Use Permit(Outdoor Recreation Facility) 937 Baja Court (GPIN 2414817317) CITY OF VIRGINIA BEACH-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[Alternative 1] CITY OF VIRGINIA BEACH - 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 Rental CITY OF VIRGINIA 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 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 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[Alternative 2] 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 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[Planning Commission Version] 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 Code and Add Section 209.6 of the City Zoning Ordinance pertaining to the Definition,Requirements and Use of Accessory Use-Short Term Rental[Alternative 3] 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 Code and Add Section 209.6 and 241.2 of the City Zoning Ordinance pertaining to the Definition,Requirements and Use of Home Sharing and Short Term Rental [Planning Commission Version] All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances,resolutions and amendments are on file and may be examined in the Department of Planning or online at:http://www.vhgov.com/pc. For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired call 711 (Virginia Relay - Telephone Device for the Deaf). BEACON: MARCH 4&11,2018-1 TIME EACH J. PLANNING 1. TI PROPERTIES, LLC for a Variance to Section 4.4(c)(1) of the Subdivision Regulations re lot width at 2204 Treasure Island Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. C and C DEVELOPMENT CO., INC. / GEORGE & JOYCE CICO for a Variance to Section 4.4(c)(1) of the Subdivision Regulations re lot width and reconfigure two (2) lots at 2606 Arctic Avenue and 400 27th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. ALBA TAXI, LLC. / EDWARD SELAMAJ & BESNIK SELAMAH, for Conditional Use Permits re auto repair garage and bulk storage yard at 1208 Bells Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. CROWS NEST HOLDINGS, LLC., T/A REAVER BEACH BREWING COMPANY/ THOMAS R. BOOZEL for a Conditional Use Permit re craft brewery at 1501 and 1505 Taylor Farm Road, Suites 401, 402, and 403 DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. OLD DONATION EPISCOPAL CHURCH for a Conditional Use Permit re religious use at 4449 North Witchduck Road DISTRICT 4— BAYSIDE RECOMMENDATION: APPROVAL 6. STEPHEN LEE ARONSON & MARIE E. ARONSON for a Conditional Use Permit re outdoor recreation facility at 937 Baja Court DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Ordinances re Short Term Rentals: 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 (Alternative 1) 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 (Alternative 1) c. AMEND the Official Zoning Map by the designation and incorporation of property into the Short Term Rental Overlay District (Alternative 1) d. 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 Sections 209.6 and 241.2 of the CZO pertaining to the Definition, Requirement and Use of Home Sharing and Short Term Rentals (Alternative 2) 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 and 241.2 of the CZO pertaining to the Definition, Requirements and Use of Home Sharing and Short Term Rentals (Planning Commission Version of Alternative 2) f. 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 Sections 209.6 and 241.2 of the CZO pertaining to the Definition, Requirements and Use of Accessory Use-Short Term Rentals (Alternative 3) g. 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 (Planning Commission Version of Alternative 3) RECOMMENDATION: DEFER 60 DAYS r:\ -7( --.—_________,________,_ S G ti Al 4,it '‘'y \ \ 4 , \ 1 ---4-----%t 41, \ I 4.-....4y, I 1 1 1 _--- f � \\I\I `� 1 1� t , x44 '1't • s N. `v� x'14 1 1 Ce a e C D --:, ''., i\\',, 0 1\, t + SS \W -,, :, A \'y \\. VA, tel~ _ I t _-_- _7 r____L --j— u \ 1 '11 J-' ti ______--- _.. 4.-1441--- ______--------A c-\ \ 1 .------ ---0 V ----- -\ \\ ___----fteL . ,-------- \ \,:\ \ ,/, \ \\ ..------ -- \) i 'ti ��� S ., \ _,_,-- is ' \\\ \\ \{ i 4 ct , ' OC `} t ate``, ti 5 i 64P,i/ 15 \. , ' 5 rel /\ , \ 1CZ 4 r .Vik., f S� ri l``4.. �JJ CITY OF VIRGINIA BEACH AGENDA ITEM } ITEM: TI PROPERTIES, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4 (C)(1) of the Subdivision Regulations) at the property located at 2204 Treasure Island Road (GPIN 1479888194), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: March 20, 2018 • Background: The subject 32,560 square foot site is zoned R-10 Residential District. Between the 1950s and 2014, the site was home to the Baylake Pines Lower School. The applicant has acquired the property and desires to subdivide the parcel into three lots in order to construct one single-family dwelling on each lot. The corner lot is proposed with only 81 feet of lot width, rather than the 90 feet required under the R-10 Residential District. Based on this, a Subdivision Variance to lot width is requested. • Considerations: The Zoning Ordinance requires corner lots to be platted at least ten feet wider than the minimum required lot width. The existing site has sufficient area to accommodate three lots meeting the dimensional requirements of the R-10 Residential District, with the exception of the deficiency noted above. The proposed configuration of the lots, combined with the proposed no-ingress/egress easement along the southern side of the property, will eliminate any direct access to Shore Drive, which is desired for this major arterial. Additionally, in 1958, the Commonwealth of Virginia acquired approximately 7,000 square feet of the property for the widening of the Shore Drive right-of-way. As a result of this acquisition, the original 200 feet along Treasure Island Road was decreased by approximately 35 feet. • 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. TI Properties, LLC Page 2 of 2 1 . When the site is developed, it shall be in substantial conformance with the submitted plan exhibit entitled, "VARIANCE EXHIBIT", prepared by Fox Land Surveying, dated 11/25/2017 (under seal dated 1/29/18), which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance, size and materials to the elevations entitled, "Single Family 4," and "Single Family 6," dated 12/19/2012, prepared by Progressive Designs; and "SF-34," dated 9/15/2017, prepared by Land Planning Solutions, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. Exterior building materials shall be brick, cement fiber-board siding, and 30-year architectural asphalt roofing shingles. 3. Landscaping and fencing of the site shall be in substantial conformance with the submitted site layout exhibit entitled, "CONCEPTUAL LANDSCAPE PLAN" prepared by Fox Land Surveying, dated 11/25/2017 (under seal dated 1/29/18), which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. As depicted on the site layout referenced in Condition 1 , a one-foot no ingress/egress easement shall be recorded along the site's entire property line adjacent to Shore Drive. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D= • - •t/Agency: Planning Department ki� City Manager. `,� �JG� Applicant & Owner TI Properties, LLC Agenda Item Public Hearing February 14, 2018 City Council Election District Bayside 4 City oJ Virginia Beach Request4 ip 494. „,,,v..`“'''''Subdivision Variance (Section 4.4(c)(1) of the �° , / / ez Subdivision Regulations) 4`'' 0 SMR '' Staff Recommendation Approval t a Staff Planner Jonathan Sanders 0.4-""°"4. .ff I Location '�"� � 6 2204 Treasure Island Drive �-,-- GPIN 00♦S`R 1479888194 Il '---- Site Size °"'""°o 32,560 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District n - " ' i Former school/ R-10 Residential (Shore Drive �' .>? %L.. : , `” .o t lir Overlay) > Surrounding Land Uses and Zoning Districts , :.` - 4 „a,` I p ;1► North r i 4 ,- Field associated with religious use to east/ R-10 �► „g;;�' r' ' { � "`is Residential (Shore Drive Overlay) , '. , ► t i dt,' \t . •_: g. n' South "r # ' t" Shore Drive r4 -_- 1 Housing for seniors & disabled persons/ R-7.5 Residential (Shore Drive Overlay) , 1 ° ► I East Religious use/R-10 Residential (Shore Drive Overlay) - • `4 , ' `!t Y West .4 if, `' : :• A Treasure Island Drive Religious use/R-10 Residential (Shore Drive Overlay) TI Properties, LLC Agenda Item 4 Page 1 Background and Summary of Proposal • The subject 32,560 square foot site is zoned R-10 Residential District. Between the 1950s and 2014,the site was home to the Baylake Pines Lower School. • In 1958,the Commonwealth of Virginia acquired approximately 7,000 square feet of the property for the widening of the Shore Drive right-of-way. As a result of this acquisition,the original 200-foot width of the Treasure Island side of the parcel was decreased by approximately 35 feet. • The applicant desires to subdivide the parcel into three lots in order to construct single-family dwellings on each lot. The R-10 Residential District requires a minimum lot area of 10,000 square feet. The property has sufficient land area to accommodate up to three 10,000 square foot lots. • The Zoning Ordinance requires that lots in the R-10 District have a minimum lot width of 80 feet, plus an additional 10 feet of lot width for corner lots. Proposed Lots B-1 and B-3 meet this requirement; however,the proposed corner lot, Lot B-2,will be deficient by 8.2 feet. Based on this, a Subdivision Variance to section 4.4(c)(1) of the Subdivision Regulations for lot width is requested. Required Proposed Lot B-1 Proposed Lot B-2 Proposed Lot B-3 (Single-Family Dwellings) Lot Width(feet) 80,90 for corner lot 80 81.8*(corner lot) 80 *Subdivision Variance requested to lot width • Access to and from the lots will be provided on Treasure Island Drive. The proposed configuration of the lots will result in Proposed Lots B-2 and B-3 fronting on Treasure Island Drive, and Proposed Lot B-1 fronting on Shore Drive, east of Proposed Lots B-2 and B-3. Access to Proposed Lot B-1 will be via a 20-foot ingress/egress easement running from Treasure Island Drive through the southern side yard of Proposed Lot B-2.There will be a one-foot no ingress/egress easement along Shore Drive, prohibiting any additional access to and from that roadway. In order to reduce impervious surfaces on the site,the driveway for Lot B-1 will have a driveway constructed of crushed stone or shell marl. • An existing hedgerow in the Shore Drive right-of-way will aid in screening the homes from Shore Drive. A four- foot white vinyl fence will be installed behind the hedgerow. Along the eastern boundary of Lot B-1 and the church to the east,the four-foot white vinyl fence will transition to a six-foot wooden fence with lattice. The rear yards of the proposed lots will be enclosed with the six-foot wooden fence with lattice. • Foundation plantings are proposed around the fronts of each of dwellings. A landscape island is proposed on Proposed Lot B-2, adjacent to Proposed Lot B-3. An evergreen hedgerow is proposed between the driveway to Proposed Lot B-1 and the fence adjacent to the southern side and rear yard of Proposed Lot B-2. Further details regarding planting requirements will occur during site plan review. • The submitted building elevations depict exterior building materials of brick, cement fiber-board siding (HardiePlank) and 30-year architectural asphalt roofing shingles. TI Properties, LLC Agenda Item 4 Page 2 R-10 ; // L ___....----;:: , Zoning Hiory " i R-10 # Request b — f R•101 1 CUP(Columbarium)Approved 07/09/2013 12 MOD(Housing for Seniors& Disabled Persons)Approved R•10 09/05/2017 3 �� 7,46. CUP(Outdoor Recreation)Approved 12/10/2013 stgo CUP(Housing for Seniors)Approved 07/09/1996 3 CUP(Child Care Center)Approved 04/24/2012 CUP(Religious Use)Approved 05/25/1993 CUP(Church & Education Building)Approved `, \ R-7.6\ 03/21/1977 R D 4 CUP(School Addition)Approved 08/22/1983 P1 •1.5 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. 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. A Subdivision Variance is requested to Section 4.4(c)(1) of the Subdivision Regulations, which requires that corner lots be platted at least ten feet wider than the minimum lot width for the zoning district. The variance requested is for Proposed Lot B-2,which is required to have a width of 90 feet as it is the corner lot (80 feet required minimum plus 10 feet). The lot will have a deficiency of 8.2 feet. The existing site has sufficient area to accommodate three lots meeting the dimensional requirements of the R-10 Residential District, with the exception of the deficiency noted above.The proposed configuration of the lots, combined with the proposed no-ingress/egress easement along the southern side of the property, will eliminate any direct access to Shore Drive,which is desired for this major arterial. TI Properties, LLC Agenda Item 4 Page 3 The request is consistent with the Comprehensive Plan's recommendations for the Shore Drive Corridor.The Comprehensive Plan calls for the avoidance of over-commercialization of Shore Drive and the preservation and protection of the character of established neighborhoods in the vicinity. Staff recommended that the applicant provide a briefing to the Bayfront Advisory Commission; however,that suggestion was declined.The applicant did indicate their involvement of the adjacent Baylake Pines Civic League with regard to design of this request,and that the civic league is "in full support"of the application. Based on the considerations above,Staff recommends approval of this application subject to the conditions below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted plan exhibit entitled, "VARIANCE EXHIBIT", prepared by Fox Land Surveying,dated 11/25/2017 (under seal dated 1/29/18),which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance,size and materials to the elevations entitled, "Single Family 4," and "Single Family 6," dated 12/19/2012, prepared by Progressive Designs; and "SF-34,"dated 9/15/2017, prepared by Land Planning Solutions,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. Exterior building materials shall be brick,cement fiber-board siding, and 30-year architectural asphalt roofing shingles. 3. Landscaping and fencing of the site shall be in substantial conformance with the submitted site layout exhibit entitled, "CONCEPTUAL LANDSCAPE PLAN" prepared by Fox Land Surveying,dated 11/25/2017 (under seal dated 1/29/18),which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. As depicted on the site layout referenced in Condition 1, a one-foot no ingress/egress easement shall be recorded along the site's entire property line adjacent to Shore Drive. 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 identifies this site as being in Suburban Focus Area 1—Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from Independence Boulevard to First Landing State Park. While primarily a residential community,the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors, creating unique and sometimes problematic challenges. The area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. TI Properties, LLC Agenda Item 4 Page 4 Planning policies that apply to this request include improving the land use compatibilities, avoiding over- commercialization, preserving and protecting the character of established neighborhoods and achieving the lowest reasonable density for future residential uses. (pp. 1-70 & 1-71) Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. The property is developed with a school building. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Shore Drive 36,400 ADT 17,300 ADT 1(LOS°"C") 31,700 ADT (LOS°"E") Existing Land Use 2-446 ADT Treasure Island Drive No Data Available 6,200 ADT 1(LOS°"C") Proposed Land Use 3-30 ADT 11,100 ADT (LOS '"E") 'Average Daily Trips 2 as defined by a 12,500 3 as defined by three single-family °LOS=Level of Service square foot private school dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) A Roadway CIP project was completed in this area several years ago (Shore Drive Corridor Improvements—Phase I). The Shore Drive Corridor Improvements—Phase II (Partial) under CIP 2-116.000 includes pedestrian walkways and bikeways along Shore Drive from S. Oliver Drive to Treasure Island Drive. It also includes improvements along Shore Drive at the Northampton Boulevard interchange and to the intersections at Pleasure House Road and at Greenwell Road. However, this project is now considered inactive. Public Utility Impacts Water This site must connect to City water. There is an existing 16-inch City water main along Shore Drive. There is an existing six-inch City water main along Treasure Island Drive. Sewer This site must connect to City sewer. There is an existing eight-inch City sanitary sewer gravity main along Shore Drive. There is an existing eight-inch City sanitary sewer gravity main along Treasure Island Drive. TI Properties, LLC Agenda Item 4 Page 5 Survey of Existing Site ye. ru y ...rel 1 / It-w Ii 1 -)‘-'' rs-,,A,.., . \ I 4 __.__6 Oqir. 1...4....64 6 { ._ vhew lit F ." r'„:„*.L1--i.,- — r , .., • ,..JA .. 40* . . , 0.1.' r w M , .- J ref I 6Py�..::•:• V. �r r/'.Ifr A � u.r PARIL B '�' u o 6AYlME MS N0.i Cie i reapNI, 0 e: •. .::7raft 101)-Y-8114-VM MP em . ` �.r k MFA 32.955 gCa t1170 ita '.._e ems...} dp y MID.R { '"� ao y:`1 d I it s+ 3 `. f oM' s•' S a r 4 /1i�r 9UOCYe1C ,.....4,.... ....;....:::„.....1- mg.so 0�.9 PnMvrr.....,oMwcswa. F 40,14kf p...e•: a y II 0 F:. # E law M ANiAI 'IWA Zvi'4 - : L' ; [ .IT— - **a �r HT :•::: _Is • .'. i • •1 •} 1M av t t a s, Lam t A ii-sgA/FD.' wrote �t4.- e� at rd •,, .. { }i `--.. i�� ��7wWw IMt .. 0ir . ,-:7Aa of iii zip,.,,-, :• 3, is 1 �.,•War ) 110 _ ,—• . '.i s' ---- �� 11iii1 .44allirlial Ir.. .. w ',L /.r/ — S?IN r -- �stir .w 1.1t I � aye, .. -_-- _ .s_ ,r :-�*-- el Y'_e-�„ .,.,ter--,"„'t on Jo MK 6 Off MIL MI>T r 1 ...","•„v 9X�P1rla99E PO NIA q7 IEMGi' ar as,w +MOTE ii TPI INA AT �•= OrHp,ma+ ws,ofRffAY”is151 4Na1 41TTIL�Tp11/9Nlt0ir[ r•-�r.• TI Properties, LLC Agenda Item 4 Page 6 Proposed Site Layout w.474ot width 80 feet s3) I (MB 31.P 53) C - M•7P. 89) (D B. 102,P.89) t 1;Tw Mit R . , ' \4 a' , N 605200'E 720.00' ., INI 1•S ,w.a7' ( woo• slier I ° t wit*..... • a8 - - ..... y ?0'REAR YARD MOP. >. — LOT B-8 w I I /1 .� he Stom. 10174*FL I R 1A/p01LI LU k y 0.277 AG gyp• I I I N•pR SON 00 11 8 8 PM9 ) / I � / 5,E lt450' / \i O : 1o'st YARD_ -- --- 5.9 / I Z l' ga N / ,J.i7' 1 ppm g S ,I €A N eO52 •- soar K N 8L Q H !I• PhiCEL PRII8-94 1.544' 8167!' R` to W a ill10.8' 10•SbE YAW –+ \ I ...• c tt1-EE-8191 Z 1 (D.R. Al P. 324) 1 ( NPROP'yA•. p°" ZOO; I g I 5F-31 C 4 8 o`,Uao Cr i :. Iat " 4 LOT B-2 a" :RI ; ,,, . . CC -'• g .. .. . MOO. OT 13-1 1 0.231 10070 SACK. .700 gg 3 a I `15110 SQ R. ,H PCeaI d �8 F osrk e 10 s NW x. 1► '40'AN W � \ : I ZQo• At,.. k O I e F & �m o\ /1°n_LRJr• N rasr y(� I x �I tl.``m 8► r/ar 7.0011 Lot width 80 feet 471 EX • i ,/, !!• 7. \ JO STI�Fr slot Y114p R/w"will"--- 411140,1111i:, I, \ �TO�1pMIN -`, f 24'NNEO 4'U. 4021.174114.:= : :"..,--:` 1.2 ___ t �\ t. _ i ia6 _'i., -: OR SMELL MARL sem'-e!•� 1 Illy 'r.U/EOIC _ f ie 0'PIN i ' O`*A �'r'--PROP 1' NO INGRESS/_. -S 0CWt10"I IIROP _� �. .�"- EGRESS EASEMENT ON •N AVM ET 9tli ��'• .� c, r ,�\I.• hS n7j LOT 8-1 ANO LOT 8-2 - �-PROP 20' M VAR MOTH- . 7Z0� aMiligligth.,..7‘1.7i ���� '�. Lot width 81.8 feet • — PRNATE -ILIIY EASEMENT . -r e sw -.. '� FOR LOT 0-1 WJ LOT 0-2 8 a•&MS a!r w (90 feet required for _ ir PROP •1 ORNAMENTALNI; Proposed Landscape Plan . `' o�.. I o 1C INCYE \ I Pee.• d LP a� �►� e N b752120'E ' MOOo43I _ '' + �.+,;, I IPS 1SO.Ltl' ; 50.00' SlIt1J le ONE J 26 : N%-:•::'::: Proposed Renderings 0 S •4 email g.. . . r�l it .,`d i�u�'i} ..:� I 1111111111 111111111 111111 1 11111 ''� F ji i '- Ir nnlil LIIIIAv11IU1 : '. _ '. 1 '(IjjjJ1il1nIIIWI_III WI 11111111111 t ir4y, x ji ' S,Z• ; t� �J � ��,� �II, IIli fir i , 1 1 t 1 5Ti '9(2 r till II, '',I:;' . ' -1 t._. 1111111 ........,,.,,1„N,.....IOC......Irl'_ ,- X .7.',. i 1 - r:',VI °I no : r. 0 •-44-;: . . ..'' tel �. , VA:--:*..•-, '''.,• ; It:— 71 ,-..: ,, ,. 1 I \ .. . L� -,:: :: _ , ., . .iii ®INE�' � 11111 hill �.- I 1 f L, , , J �" I 'i 111111® ®1Q1311 , 11,1 gi TI Properties, LLC Agenda Item 4 Page 9 Proposed Elevations— Lot B1 t ti ,: ,II I _ • SII: I i'I :r;.ti MI I! 4,P hl A -- t\ ■lU ' wa' • .1\7•sil 1 WO. i --..r-- -J\ = - ri III - b +` b e ii — I;-.1—-: ;11,7.Ce7-7 i S' I I ill ,,- ,-,.. 110: .. ., �f Il J BBE IIII 11111 it i t,7.9 ,I *Li- ll 1 ••! i "= ..:_.: „-J. I I I • Ii �A� • I; flit i . ),,,i 11 il . ,. , 1,,,„,..„... III.1t �!4 1 F -.. , \- � I 0 11[ ai i i i F TI Properties, LLC Agenda Item 4 Page 10 Proposed Elevations — Lot B2 VA`FCJVHII VLNI`JlIIA 1 ;� CO ,e,r —.foxv, y- al 07,27.72 I NOLLVAd,1 QNV N'd'Id W m I gl 0 Cl 9 A1IWW3 H'IJI�IIS • kg V41+"!' y d.3C :x i4 4-A //•• IY i JI•I.V./ it 01.Y N E.- -I $,gni« L I'1111 6 _ / `i 3 ... (t Y SII _ = , `; � s4 §„.., Z .'I 1. k _ F f. - 5 II \ Ws .'i T �� A- V iJ� G ..-;7--T -IF 1 Inn ' rr1 1 ll 1� Wn'OA w-[ IIL: �° e: _ y L- I �._.I 1 .0 \-7 ; SM.: ; D ..,. . .... / ,,,,i, .:_, ] It'1411 r If 5 �IItI �� Jr�1 J TI Properties, LLC Agenda Item 4 Page 11 Proposed Elevations — Lot B3 s VA`HDVHH VIHI`JIIIA it `� 3 l3i °�1Pi NOLLVAtTlB @I�*grid s �. 1:1 `ud(T l t A'III1'Vt3 H'I'JI�IT s W - IN IH - - IN Ix - t IN IN - MI IH - f --, . 1 = , �_ ., _L _ „, �III -- =yf w'lL_� W ; kW ke - 1 , _ y - W , y '+” P� r :iii 1= 'J ,®®® w,,F U::::LW ®®M L BEER 1 y _ W F .1 W .SLI - F ~ - u L .�..I W wI - '€ _ r _ r _ , i�w J ; = - W' 4y- L. .w .--a e r:. L I... � I ---- =. F .... ® u _ pill.... lli W UTI w L F W L F w - w 1 u F W Mr u I F kW W S W ■ W III TI Properties, LLC Agenda Item 4 Page 12 Proposed Privacy Fencing t ' — — Four-foot high white vinyl fence along Shore Drive �-"�" alialiim 1liti ■ ■ 1 + a Ili I;11 sem•: e ' . _. J .. �1".. 111117 f), 'f I III ! I *. ea ee ; iiiiiiiuiUU a i i l f l e i l 1,!1 i Off III Iii1 ,, IH 3 i Six-foot high wooden fence with lattice TI Properties, LLC Agenda Item 4 Page 13 Site Photos ' } '" ,fir r x • i1a 4 t 1 r - .�K v-. • ,Rte`. "�' - iii,. TI Properties, LLC Agenda Item 4 Page 14 Disclosure Statement APPLICANT'S NAME TI Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City i j Modification of by City Property I 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 J Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. �_ • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit Council meetin tha: ertains to the a lication(s) o APPLICANT NOTIFIED OF HEARING DATE. Jonathan Sanders 12/ NO CHANGES AS OF DATE Tt3/$ o REVISIONS SUBMITTED DATE TI Properties, LLC Agenda Item 4 Page 15 Disclosure Statement Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:TI Properties, LLC If an LLC, list all member's names: Manager: Ocean Rental Properties, LLC: Steven W. Bishard, Manager; John Bishard, Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. LI Check here if the PROPERTY_OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 TI Properties, LLC Agenda Item 4 Page 16 Disclosure Statement Ifi3 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business ogerating-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 TI Properties, LLC Agenda Item 4 Page 17 Disclosure Statement APPLICANT Virginia Beach YES J NO] SERVICE PROVIDER(use additional sheets If needed) X Accounting and/or preparer of LJ your tax return X Architect/Landscape Architect/ Progressive Designs,Land Planning • Land Planner solutions ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nU Construction Contractors I t Eng ineers/Surveyors/Agents Fox Land Surveying Financing (include current TowneBartk ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) lnl ❑ Legal Services R.Edward Bourdon,Jr.,Esquire & * Real Estate Brokers/ ❑ X Agents/Realtors for current and anticipated future sales of the subject property 'Harry R.Purkey,Jr.,Esquire 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 ❑ X 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 TI Properties, LLC Agenda Item 4 Page 18 Disclosure Statement V3 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, VEDA meeting, or meeting of any public body or committee in connection with this Application_. TI Properties,LLC 13-- ._ Steven W. Bishard,Manager 12/01/17 APPLICANT'S SIGNATURE PRINT NAME DATE of Ocean Rental Properties,LLC,Manager Page 5 of 7 TI Properties, LLC Agenda Item 4 Page 19 Consent Item#4 TI Properties, LLC Subdivision Variance to 4.4 (c)(1) 2204 Treasure Island Drive District- Bayside Ms. Oliver: Thank you. The next matter is agenda item number four and this is an application of TI properties LLC as an applicant and the owner for Subdivision Variance Section 4.4 (c) of the Subdivision Regulations on property located at 2204, Treasure Island Drive in the District 4, Bayside. Eddie Bourdon: Thank you madam vice chair, Mr. chairman, members of commission for the record, Eddie Bourdon Virginia Beach attorney representing the applicant, we appreciate the matter being placed in the Consent Agenda, all four conditions as recommended by Staff are acceptable with the supplement that includes the elevation of the one house on the corner that was left out that was in your supplement this morning and also want to thank the Baylake Pines Civic League and their membership as well as Jonathan for his hard work. Ms. Oliver: Great, thank you. Is there any opposition to this application being placed on the consent agenda, hearing none, the Chairman has asked Commission Weiner to read this into the record, please. Mr. Weiner: Thank you Mrs. Oliver. This is a Subdivision Variance, request for a subject 33,560 square-foot site zoned R-10 Residential District. Between the 1950s and 2014, the site was home to the Baylake Pines Lower School. In 1958, the Commonwealth of Virginia acquired approximately 1 7,000 square feet of the property for the widening the Shore Drive right- of-way. As a result of the acquisition, the original 200 foot width of the Treasure Island side of the parcel was decreased by approximately 35 feet. The applicant desires to subdivide the parcel into three lots in order to construct a single-family dwelling on each lot. The R-10 zoning district requires a minimum lot area of 10,000 square feet; the property has sufficient land area to accommodate up to three 10,000 square-foot lots. The Zoning Ordinance requires lots in the R-10 district to have a minimum width of 80 feet plus an additional 10 feet of width for corner lots. The proposed Lot B1 and B3 meet the requirement; however, the corner Lot B2 will be deficient of 8.2 feet based on this, a Subdivision Variance to the Section 4.4 of the Subdivision Regulations for the lot width has been requested. Staff recommends approval and we put this on the consent agenda. 2 .., - , - • . , V- . . , . .._...,.-- x-- • • < _____I „or- __, 1 .. ''.-- -- 'Ms '1 ___•) \ , • \i _.-- • , .. ....._----------- , - \ .._---- \ __,.----- --- , S \ , k .,-A )-- --- ,...____....---- \ / ..,..- \ i .. ._..-- --- . . . N I i , -..., .....---- .._.. . . . _ _------ 1\1‘1I. \\, .' . .---------------7.7. .ilt---__,../ A , . • .. \ . - IC '' \ 17\'"47° "i 421: • ..- . 11 ; 4,0 1 ..4 ;. 1--."\g\I I .• . • \% , S ,. . . •---- ' 10 11 r---1 1 13 - 'i • 61., •C' CSk \ii .7 -- 1,..- .60 , t tr4 _...,-------C . __.-. • , -_, ,--- 4 i I II: ‘ .. . . I . 1 I; , --•. • - 1 . -- . ; ._—_---- ' __ _....... r ' , . . : tiLa S i t , i 1 III I S 1 CZ '• \ „ . __7\ , • - ., . „ ..„_- i ,, ____._..--r•-• -..,. I, S \ ''; • c, .- • , . . 1 ' , . .., . • 1_.,r, I ; ; _ ..• ' ,, 'i •• , t ; - • 1, • S, , . . ___•.. . • I ; ------- , ,_•.•,, n__.-----------i: . ., '4, ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C AND C DEVELOPMENT COMPANY, INC. [Applicant] GEORGE & JOYCE CICO [Property Owners] Subdivision Variance (Section 4.4 (C)(1) of the Subdivision Regulations) for the property located at 2606 Arctic Avenue & 400 27th Street (GPINs 2428000560, 2428000483), COUNCIL DISTRICT — BEACH. MEETING DATE: March 20, 2018 • Background: The subject site was subdivided in 1960 into two 70-foot by 80-foot lots with an east/west orientation along Arctic Avenue, between 26th 1/2 & 27th Streets. This is a request to resubdivide these two parcels to a north/south orientation, which is consistent with the alignment of lots on this block of 27th Street. The Zoning Ordinance requires corner lots to be platted at least ten feet wider than the minimum required lot width. The corner lot is proposed with only 40 feet of lot width, rather than the 50 feet required. Based on this, a Subdivision Variance to lot width is requested. There are eight existing apartments within the two buildings on the property. The applicant proposes to redevelop the site with four single-family dwellings, two on each lot. The Old Beach Overlay District permits the construction of two single- family dwellings (a principal and an ancillary dwelling) on one lot on properties zoned A-12 Apartment District. • Considerations: In Staff's view, granting the variance will allow the applicant to reconfigure the two lots in a more desirable layout that is consistent with the pattern of development on this block and throughout the Old Beach District. Additionally, the proposed layout reflects the incentives available in the Old Beach Overlay, the building locations meet all setbacks, and the proposed house designs address many of the Old Beach Design Guidelines. As the property is located within the 65-70 noise zone and Sub-Area 1 , a reduction in the number of units from eight to four meets the goals of Article 18 of the Zoning Ordinance of minimizing residential units within the higher noise zones, and will remove the existing nonconforming units from the properties. C and C Development Co., Inc. Page 2 of 2 There were two speakers in opposition at the Planning Commission public hearing who noted concerns related to the proposed density, the loss of green space, and the changing character of the neighborhood. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0. 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "SITE IMPROVEMENT PLAN, MULTI-LOT 2SF ON 1 LOT SITE PLAN LOTS 1A & 1B," prepared by WPL, dated 10/10/2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance, size and materials to the elevations prepared by Residential Designs, Ltd., which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. These exterior building materials include a concrete-parged and painted block skirt, cement fiber board siding, and the roof shall have 30-year architectural asphalt shingles and aluminum standing seam accents. 3. The installation of plant material shall be, at a minimum, as depicted on the Landscape Plan entitled, "LAYOUT/PLANTING PLAN, MULTI-LOT 2SF ON 1 LOT SITE PLAN LOTS 1A & 1B", prepared by WPL, dated 10/10/2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart • - 4 t/Agency: Planning Department lyirjjCity Manager: til:: , Applicant C and C Development Co., Inc.NIB Agenda Item Property Owner George & Joyce Cico Public Hearing February 14, 2018 City Council Election District Beach 5 Virginia Beach Request A,'21 1 6,0.14 ya.,,t n0 V.v.' Subdivision Variance (Section 4.4(c)(1) of the Subdivision Regulations) °'ues �""IP R�„l.+"." i, try S'''''' 21,0 04 yfR' Eo: ::: datioh1 een2.,,,we* ala' i . ; 70•]5(MOM. Y • W» DNL g ,.,•",-... Jonathan Sanders ,,.4.-"s""` . z UneµaNµ�.•• Location .'''4 „.a,, 2606 Arctic Avenue &400 27th Street ? r t� I. """° I lo'"'"' GPINs s,t01 yl.R so,.".ee. I2428000560, 2428000483 ,h, tC"'*� 91." Site Size 11,200 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay ► !. ' ',, ! ig Existing Land Use and Zoning District 4 ,,ee Apartments/A-12 Apartment '� "_ 1- Surrounding Land Uses and Zoning Districts y l .. North 27th Street ,,��rr�,,.; Single-family dwellings/ R-5S Residential r Nr "r�. South - / ft yt of E 26th 1/ Street ��. o_ti. Single-family dwellings/A-12 Apartment ' a_ q , i , East ,tit su,ct Arctic Avenue &� . 1 f 'I.' r ' ' Duplex, single-familydwelling/A-12 Apartment - West f I iii --- Single-family dwelling/ R-5S Residential �• _ . C and C Development Co., Inc. Agenda Item 5 Page 1 Background and Summary of Proposal • The subject site was subdivided in 1960 into two 70-foot by 80-foot lots along Arctic Avenue between 26th%2& 27th Streets.There are eight existing apartments within two existing buildings on the property. • The applicant proposes to redevelop the site as follows: (1)subdivide the property into two 40-foot wide lots fronting 27th Street and extending to the 26th 1/2 Street alley; (2) construct four single-family dwellings,two on each lot. The Old Beach Overlay District permits the construction of two single-family dwellings (a principal and an ancillary dwelling) on one lot on properties zoned A-12 Apartment District. • The Old Beach Overlay District requires a minimum lot width of 40 feet. Section 4.4(c)(1)of the Subdivision Regulations also requires an additional 10 feet of lot width for corner lots. Due to this requirement, Lot 1A,the proposed corner lot,will be deficient in lot width by 10 feet;therefore, a Subdivision Variance to lot width is requested. Required (Single Family Dwellings) Proposed Lot lA Proposed Lot 2B Lot Width(feet) 40,50 for corner lot 40*(corner lot) 40 *Subdivision Variance requested • The proposed concept meets the goals of the Old Beach Design Guidelines with regard to placing the front porches up to the street to encourage pedestrian interaction;varying the facade designs with the use of projections; upper floor and roof massing step backs;designing the facade treatments with a coastal cottage style; and providing quality landscape areas with shrubs and trees. Only one unit, Unit B, is proposed with a garage,which will meet the minimum recessing of eight feet for the front-facing garage door. • The submitted elevations of the dwellings depict a concrete-parged and painted block skirt,and cement fiber board (HardiePlank)siding. The roof is designed with 30-year architectural asphalt shingles and aluminum standing seam accents. • The Landscape Plan depicts a row of trees along Arctic Avenue,extensive foundation plantings and planting beds. The proposed Landscape Plan meets the Zoning Ordinance requirement of 600 square feet of plant material per unit, of which a contiguous 400 square foot area is within the interior lot. The landscape plan will be reviewed during site plan submission to ensure of the planting requirements are met. C and C Development Co., Inc. Agenda Item 5 Page 2 IA-9-1 )R Ai • a1 T /i i - , \ Zoning History t / # Request R' t •j ' 1 NON(Enlargement)Approved 05/16/2017 2 ` �,► ' " t 2 NON(Enlargement)Approved 08/15/2017 ___— - — \ \ A-1\ \` 4 ., , 1 \- 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. 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. The applicant requests a Subdivision Variance to Section 4.4(c)(1)of the Subdivision Regulations for lot width for proposed Lot 1A, as it will be 10 feet deficient in the required minimum lot width of 50 feet for a corner lot. Granting the variance will allow the applicant to reconfigure the two lots in a more desirable layout that is consistent with the pattern of development on this block and throughout the Old Beach District. Additionally,the proposed layout reflects the incentives available in the Old Beach Overlay,the building locations meet all setbacks, and the proposed house designs address many of the Old Beach Design Guidelines. As the property is located within the 65-70 noise zone and Sub-Area 1, a reduction in the number of units from eight to four meets the goals of Article 18 of the Zoning Ordinance of minimizing residential units within the higher noise zones. C and C Development Co., Inc. Agenda Item 5 Page 3 Based on the considerations above, Staff recommends approval of the request for a Subdivision Variance to lot width for Proposed Lot 1A subject to the conditions below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "SITE IMPROVEMENT PLAN, MULTI-LOT 2SF ON 1 LOT SITE PLAN LOTS 1A& 1B," prepared by WPL,dated 10/10/2017,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance,size and materials to the elevations prepared by Residential Designs, Ltd.,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. These exterior building materials include a concrete-parged and painted block skirt,cement fiber board siding, and the roof shall have 30-year architectural asphalt shingles and aluminum standing seam accents. 3. The installation of plant material shall be, at a minimum,as depicted on the Landscape Plan entitled, "LAYOUT/PLANTING PLAN, MULTI-LOT 2SF ON 1 LOT SITE PLAN LOTS 1A& 1B", prepared by WPL, dated 10/10/2017,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any 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 This site is located within the Resort Area Strategic Growth Area (SGA).The Resort Area Strategic Action Plan, adopted in 2008, is the master plan prepared for this SGA and identifies the potential for three distinct yet complementary districts: Laskin Gateway,Central Beach and Rudee Marina.The Plan provides a vision for enhancing the energy at the beach into these three areas by developing synergies between the cultural and commercial life,the recreational and the natural life, and an overall focus of drawing residents and visitors into the area. The site is also located within the Old Beach Overlay District.The goal of the Old Beach District is to preserve and enhance the historic status of the Old Beach Neighborhood as one of the first residential areas within the Oceanfront Resort Area by providing opportunities for both new and redeveloped resort residential development. The District encourages single-family cottage-style homes and compatible multi-family residential dwellings. C and C Development Co., Inc. Agenda Item 5 Page 4 Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Arctic Avenue 3,604 ADT 1 6,200 ADT 1(LOS 4"C") Existing Land Use 2-67 ADT 9,900 ADT 1(LOS°"D") Proposed Land Use 3-38 ADT 1 Average Daily Trips 2 as defined by 10 3 as defined by four single-family 4 LOS=Level of Service apartment units dwellings Public Utility Impacts Water Both properties are currently connected to City water via two 5/8-inch water meters. There is an existing 16-inch City water main along Arctic Avenue.There is an existing eight-inch City water main along 27th Street.The existing water service lines and meters may be used or upgraded to accommodate the proposed development. Each dwelling unit of the proposed development will be required to connect to public water. Sewer Both properties are currently connected to City sanitary sewer.There is an existing 24-inch City gravity sanitary sewer main along Arctic Avenue.There is an existing 10-inch City gravity sanitary sewer main along 27th Street. Each dwelling unit of the proposed development will be required to connect to public sanitary sewer. C and C Development Co., Inc. Agenda Item 5 Page 5 1960 Subdivision Plat . .y 1�.�f f I . `o. i ''-. .- . X„,r,fes...,` , 4_4f _ 1741• at. 0 • i l 1 :4 _ • j 1. . I 1 , • �► I • V ti : a i .. t I - -:- I . t r , r 1 .4-.; 16 `" .1I v dr' �~ I 1. V , i 1.."' 14 _• r�V 20-Aye,/ _ - .�4,....,►..I. ,.IV — J 4h: ,. '; , a Rebo'ivhien .fLek £ 4 5/.c.t fa + VA �4Ch/✓A. Nie ufor. E.G chi, . Scat:/.60 41a/f,/PS iN Aeel4r-ferlt�e� Test.r axial ed • 44. VA.$s..c4 14 tC-0-4.p, C and C Development Co., Inc. Agenda Item 5 Page 6 Proposed Subdivision Property line to be vacated 271 STREET (so'R/M') (we 49 PG 2) Ah�t*actsR2u • J nr zs6G.9M27� _ 11' /`0 lt.?a207www ' L t21/D9AC26 �y £ 80.00' /i t iW J000" Sl . ..„ �l ��` 0.E), ,., 40' P 40'* pl+� -�R£A Of RIY�/T-04-warty; ♦ IERM'OIED1C47ED TO THE CITY qr ,iSPrIIM4 BEACH FOR STRTF7 *50 feet required AND 141001NY RmPOSES P 18 lw (21 SO. Er. OR 0.00195 ACRES) • • l 97 Nif I OSNI A 4.M 4R1DI v- WI6 �.�___--Tr W 'tm{N.8 5, P 103) +?ONtD.R-SS =RN 242&-W-0433 h Ck pp Z. "t h t W `` 4*y771 OFT% 'RIC '-� - 'RNER- Ut • . 2904 Ptitt/'Ptf ,, 9 O Rwma�v l' �4 SURC" I( 40.00' MOO' y i'‘ N s 76 5-0,7 Ir aa00' 201 (20' R/N') REFER TO SIERT I OF 2 1 FOR ADDITIONAL NOM E (AIR. 5, RG. 7QJ) 'S --AREA Of RICO4T-Of-weir AND CERTIFICATIONS 1i HERESY afUCA717) R7 7)E CAY O' T4RGAI4 !EMIT FOR STREET AND NOHOW'PURP05ES (1 DI SO. f7 GMP 0.0042 ACMES) 20 to 0 20 40 60 F..t GRAPHIC SCALE I- - 20' SHKF:'1 2 of 2 C and C Development Co., Inc. Agenda Item 5 Page 7 Proposed Site Layout ._ \\ \ / 27th Str et 1 R ' . p % �IItII 1.. .a- _4„L„," _ .aear 4.•4.Au1 N '-�` ..._ C P, .000, �L _o r- _i-_._... ,cs,...._.-,•..00 -_Ati I --q : `: s mE •,. , co 1 # D € oT- _______ _ti r( 4 V: t FS .0070t � w JT • O1 a, 41 a) a:. 1 i:-''"1 3 3; tiii 1.0 g.ia? 03 '''', 415 1 e , ,,,, ... , w 551 vSt ac i 4., .00l: ”t . ,ro, CTI ' I a , d '$. �tY7 I' at SA W 114 g i0 4 { co 1- a) = - C . /1 / 40 iit ; ,2 ti < t .4 1 4 N C 6 44 EJ N M V Lr Si I t y ', 44 II XV'Sco ' 4244 -I ? II>x.� ♦ -+4 00 I I >< w K $ 5. rw 1 d:::-.. k e a e en t,Ir�ay lee: 4#jg I C 1 IR9 ,I°:.1e91�Y:t5 q; .. it an at /t: .. +C • �7 .- i 0 •• ' 7 ti,,,��'ai__ 1r1i � , as .,...� R w C and C Development Co., Inc. Agenda Item 5 Page 8 Proposed Landscape Plan -.. _ - . .. .. 27th treet - - - • 7 - "---T—- • ..- ,... ,,.00-01 3.s.c.90..fu N , -,..., . .! . 1_. J, i A... - e•-- lia., , • . 1 g ilg, lairli -1 a. 1 it IN 11111r, /. 2 1,7 1 . IPA LI: ,„,i • ,1 - , - • .. at '4] ; off, 1.6. .....1 a %Fag 113tie i . oit / a (D 1 • 1 I ., 04Y (i k: , •,.... , -- . d 2 if r i T "2-,. II& —1 ----. '4 v 0 . „ I i• 'a 1 ' 1 r. ill- 68.ilif 011,11M1V- 11 = - 'Yr- •t_7I I il It I - .....-, •-• . . .--, , t, 4N .700o.ti. • - •.. Mill Mb a Ina ,,,' 1 0: . • --. ' . / i•Fle. -..., 1 tt i40 44 *silo *ea - 1 .---,,, i :04 u Itifi --. ittm 0 I. it. •Ni 441,10 1 - .4140 - • 0 51 .112 7.',. g, • le ii -„ I --,e,9[21 • II: 1 1 ,, ,: • ' ,.117''.'''.-,..• i::: ti! E o e,... ii111-T:.s;: .--*1 — : 0, •-ii. , t 1 , I ""--, • 000r , •' •-•-..v.?- ..,-..,2z, ::-.',..tvik.- • .,..---'-..- -r,,fitifivt-'-z-mi}.*:'•:•-,%,4ii.._-_/-k-g 7 3 ."4'.• iI 1 ... . "rir„%eyvit, \ 19 e 499.1 C and C Development Co., Inc. Agenda Item 5 Page 9 Proposed Elevations — Unit A -•- • -------- -- ---- -------------- ..._. ...__.______.__ ------ ilvii,t- 1 1 ‘7-.'i-i• ri 1 i 1 . "...;_.. _4•••:"--n.:-„,,,,,,:,,. ---i '-' , . -lf ---;:---7-7-71 -_-'_.f.;:-• __1 11 ._.- ---._-_-_ i ---11;-;,t_ , - fir-,..----m--- ---77..=...0 , ---:-...1._.....-7 I g., - i d:11 iii, v k / i , --2-- i:.--_:.1 :, r_al, •I t (1)0;4, ,,tr.,.%•%,r. ,..#J:"..yx•., i! -.... ' I Li ! I 1 i171' . ! ' , t,..-----„, _. __..,______.... , . , I - 1 11. mi 1..i qi, .F.1 .............„.,,:_„4... ,_ _, ,,,,„,;:;,,,,o,k...„, ,‘ ....., :i, ,..H.,+.1 1 .. 1 , ,,,iii ., ...._ t..__... , , ., ,„.,._, i Imo, _ II lir rti, . 1 4 ._,..,..4.7._ 01111 t ..it i -.1 . _ If -_- ---: !r"--::: _ -----"- • ----g.___ 67 . , • II.,fj_ ...r.d, 1.7,-.3:__T7-•/ ,- '------" I1 i 1 11 I; ,4 ri 1 1 li 1 • • . i I • il • i ( A ,,_.....i..... -- i I 1- I --11, ri \\_„, . , • .,.... , ,-, :. ..,..._ . „ . i q 3 ' - H 1 --r------ --• , ____________ —J21 -•-- ---- i -- :jr-.r-..--`---- , • (3 . . C and C Development Co., Inc. Agenda Item 5 Page 10 Proposed Elevations — Unit B 11:4;;i1T1 ; ci___ lhlliliti' ! IP -r 1114„w) rl _ il-_ ____.__----- 7/1 :•-•,- i .,, Itizt ':,.. 1 / 1 ....;":',.,, :- .-- --'1 , (.10:'-- H ,----4-4 • i 1 ql r-Tir tg., -----) 'Irgro4Taneme-sms.t.• 110 .. 111, il i --,-=:-.- 1 I'll I II ..1 ? . __. ,..4,.. - .. ......, . ,-__ _---_-:-1 ,....- L.,..,Z..- nfj..,. vs 1 ;41. i... .1<ab "...) .._ . . n.a.-_---.-_,.... / _.....,.1.t.r-,..-.-.••••••••-.^ - . ,.... ,----..- I L.. 1 4 r,4I, _.a_-_ ^. "4* il - , • i : 0 1 rA 'SS--.:...=,...-...:."7., ..\:',.. .7 7.,.,.............,...,_... .t. . ., is -.t.-I7:77.77,-=-7--_ • , 11 1 r--,------J- ,....... r-----1 1 4,-1, , r---fr:r--4,`", - ,•••';'.,`, •,-, . IF;_ill II 7--- i. 1g , .. , ..•, I 1—1-1i ..„.' ..t.,.::•,: i : \Ifi wicd 1 IrlL . i il hi ..._• t[ 1 --- I_ -_—'-•;:-.,-- -:_-.7......:::-....:_-_,-,..,..-....„ . ilatf._ RI 54..A.Lii__ a) 10........„..... .....L....Li. ...i-• 71 C and C Development Co., Inc. Agenda Item 5 Page 11 _ _ Proposed Elevations - Unit C — -- — . . . Niiiiii I • - --1.- 111_11ird ........,x.-, . • ' ' i I f',' I .-X .,-7-4.-1,-,•.-. - i ----_-_,-;,_____ .,..--:-.• I 1 *,f,:,...;.5i ' ..:.-17,-.....":"-,-4 — '-' 1 I__Tiiiii -..: 1-7-itT-HiE.i il 11 • 1±n h ..-,. ., '.--- -11-M-'-------- - tt.'il, -- __-_,..__-.'-.' 1 i ill I,i l' r:4=-.s, . il ,.----------.:-----_--------_----7:---' ' -"--- ' li • q ,11 1, ----lf-.7--T---4-ti,,. _E....f_t-L... • • V-- 1 I * i • fil__7 2:3, A r-1 1 Its • i, • 1 ti t 7 1, qi,...---..-,,,.......„--...-.....,....-- ...-,..t.,„Jt,,, . 1( l '„,1 1R-1 61 ri Ar 1 ,-_,4 ii:- [I , • . , Li i I' 11 1R :-rit:74:, - t..!., 1 IhI ": 4 I r 7.-171 '4,11 d Iri-1 , Irmli li I I lifIti.il 1 1.1. I ; li.I 1 1 k .._ C and C Development Co., Inc. Agenda Item 5 Page 12 - - — - Proposed Elevations — Unit D •• _ — _____ 410,0;, • • ligqii:4 i -), *0 it t:. . --; ----- b tr 1 :7 ' 1 h fq:14'1,4 I 040 0: 1 k. LI r . - -_ • ,.4. , 1 , it i 511 . i il .i ,---i- i ., Fr _ _4 1 ,ir,"li-,-.7 '.;,,,,i'- 'J 11 ra7,11, Mil II i.L.:I i Tv r:-.::7,,,v Irta. to, I. _::11. ;L4 1:.•2-4 . • ' 11 i i ‘1\- • . . I I "'.ii-.41rif.;LT, ..ti; -4 • 1.,...,--;41./., ' . i AI • \\,.... 1 Li, 1 , i 1p 4-.:11 il lit,ii L Cz... 1 ili •II . il 1i_ . ..:1,11 _., • . .______-_-_.:._-,..1_ l'- c and C Development Co., Inc. Agenda Item 5 Page 13 - - Site Photos _.4..,_..,;,:'\.'.1:11.,, i',g.'-';,.i._.j'_..0.17:11:-';...';',..'''t,:,:_:,,,,,;-..1 . 42' * L 1-J ( . 4.-1'--- ' - _ It - _1/.. 1 .OF t �¢ `ti .� L:N; _ - k C and C Development Co., Inc. Agenda Item 5 Page 14 Disclosure Statement 1A3 Virginia Beach APPLICANT'S NAME C and C Development Co., 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 Disposition of City Modification of by CityProperty Conditions or Proffers _ Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 Pz 3JgAS JS Jonathan Sanders C and C Development Co., Inc. Agenda Item 5 Page 15 Disclosure Statement N/13 Virginia Beach CCheck here if the APPLICANT IS_NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:C and C Development Co., Inc. If an LLC, list all member's names: Christopher J. Ettel, President If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:George&Joyce Cico If an LLC, list the member's names: Page 2 of 7 C and C Development Co., Inc. Agenda Item 5 Page 16 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va Code§2 2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va Code§ 2 2-3101 •1•— 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 C and C Development Co., Inc. Agenda Item 5 Page 17 Disclosure Statement 'NB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 0 Accounting and/or preparer of Bill Nagle your tax return Architect/Landscape Architect/ Carroll Johnson Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C © purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) CConstruction Contractors ElEngineers/Surveyors/Agents WPL Financing (include current Undetermined at this time a 0 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services R.Edward Bourdon,Jr.& Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property 'Harry R.Purkey,Jr. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C 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 C and C Development Co., Inc. Agenda Item 5 Page 18 Disclosure Statement 'NM Virginia Beach CERTIFICATION: 1 I I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 11 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 and C Development Co,In BY t_- i_ ¢ _ Christopher J. Ettel,President 12/01/17 +- - -- , pp APPLICANT'S SIGNATURE PRINT NAME i DATE f Page sof7 C and C Development Co., Inc. Agenda Item 5 Page 19 Disclosure Statement OWNER Virginia Beach PROVIDER(use additional sheets if YES NO SERVICE needed) C ® Accounting and/or preparer of your tax return E ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Fr the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ X1 purchaser of the subject property I/�1 (identify purchaser(s)and purchaser's service providers) CConstruction Contractors CEngineers/Surveyors/Agents Financing(include current Fulton Bank l mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services ---- — Real Estate Brokers/ X❑ Agents/Realtors for current and anticipated future sales of the subject property 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€ c` ( C and C Development Co., Inc. Agenda Item 5 Page 20 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. - � K " c,5 J 1 4 ( George Cico i 1i? 4 - PR''.,R?Y OWNER'S SIGNATURE " PRINT NAME _ DATE Joyce Cico t_2�I Page 7 of 7 C and C Development Co., Inc. Agenda Item 5 Page 21 Item #5 C and C DEVELOPMENT CO., INC. Subdivision Variance 2606 Arctic Avenue & 400 27th Street District-Beach Ms. Rucinski: Okay, our next item on the agenda is number five C and C Development Company Co., Inc., which is an application for Subdivision Variance section 4.4(C)(1) of the Subdivision Regulations on property located at 2606 Arctic Avenue and 400 27th Street, District 6 Beach. Eddie Bourdon: Happy Valentine's Day everybody, for the record, Eddie Bourdon Virginia Beach attorney representing C and C Development and Mr. and Mrs. Cico who have owned this property for half a century. The property is 2 lots that were subdivided in 1960 in a pattern that does not match the rest of Old Beach and there are a total of eight apartments legally on this property today. I have given you a handout this morning in the informal that shows the footprints of the homes that are there, now the apartments that are there now, excuse me, shows what their setbacks are and what the impervious surface and building lot coverage are. The applicants are working together to take down the eight apartments that are setback 4 feet from the alley setback, 8 feet from right-of-way on Arctic Avenue and replace it with 4 units on 2 lots that would be reconfigured to match the old beach subdivision, the lots running north and south. 1 The Cico's will be living in one of the houses. They will own one of the four houses. The whole thing has been designed totally in keeping with the Old Beach Design Guidelines that were created many years ago by a large group of stakeholders and that are a booming success in Old Beach. Everyone has been very happy with the way the properties have been redeveloped. The Guidelines are being adhered to in every way and we are in agreement with Staff recommendations and all the conditions. I will mention a couple of things, I have just seen the letter of the folks,who are the couple here in opposition. The idea that going from eight units to four units and going from having three onsite parking spaces for eight units to four units with eight onsite parking spaces as well as a garage in addition to the onsite parking spaces, certainly will alleviate some substantial amount of the parking problem. Regarding crowding on the streets, the current building is 4.6 feet from the alley, the replacement what we are doing with the two single families and they are the smaller of the four that are on the alley per the guidelines, those are setback 13 feet from the alley. The current building is 8 feet, the proposed building on the corner will be 10 feet from the alley. The amount of impervious surface on the site today is 7,560 square feet with this redevelopment that would be reduced by 1,608 square feet to 5,952 2 square feet. The building coverage today, lot coverage of the buildings that are there now is almost 50%. That would be reduced by 1,465 square feet, all the way down to 36.6%. In every case, we are getting further from the property lines, not getting more into the setback and we are dramatically reducing the amount of impervious and the amount of building area, creating substantially more setbacks, substantially more green space and open space and reducing density while putting the parking onsite. So in every instance this is a betterment and we appreciate being on the consent agenda. I would be happy to answer any questions. Mr. Thornton: We are on the consent agenda. Eddie Bourdon: I know, I appreciate. Mr. Thornton: We wish it were that way, thank you. Ms. Rucinski: Okay, we have two speakers in opposition; the first one is David Pearline, my apologies. David Pearline: So gentleman, madam vice chairman thank you for the opportunity to speak in opposition. Edward Weeden: Please state your name for the record: David Pearline: My name is David Pearline and my wife and I lived near where the development is going to occur crossing the alley. It's not true 3 that everyone has been happy with this,we are not happy with it. We think that this is not in accordance with one of the criteria for granting your variance,which is in terms of its adverse impact on the character of the neighborhood. For many years, developers in Old Beach have been squeezing and have been putting more and more houses on small lots. In this instance,they are going to put four units on relatively small lots. It is going to increase the density and we think it will result in over-crowding and also it may well block visibility from vehicle that are trying to exit the alley on 26th Half Street. We think this will result in less green space. If the variance is not granted, it's my opinion than instead of putting four single family houses on the space, they will probably have to put maybe two houses on the space and we think that would be better for the neighborhood. It's just a bad idea to continue to squeeze more and more houses on the small area. Old Beach's charm is disappearing as a result of the original Old Beach cottages structures being torn down and replaced by what we call cookie cutter style frame structures, such as those proposed to be crowded into this area where the variance is being sought. The individuality of these original beach cottages standout, they have flare and originality and they make their own statement. We would like to put brakes 4 on the development that's been occurring in Old Beach with these cookie style houses that are being erected. Parking has been a problem in terms of people parking in the alley on 26 Half Street. It's a narrow alley. Even though cars are not supposed to park there, they do park there and we think that even though they say they are going to be adding more parking space,what's going to happen when guests come over to these houses, we think people are going to end up parking in the alley and that could pose a problem because other vehicles may well not be able to use that alley, such as fire trucks. In summary, we think it's a bad idea for this variance to be granted and instead of having four houses on this space, we think it would be better if they just have two houses on the space, so therefore, we oppose it. Mr. Thornton: Thank you sir. Any questions for Mr. Pearline? Thank you. Ms. Rucinski: Okay, our next speaker is Marilyn Pearline. If you can please make sure you state your name for the record. You may need to move that mike. Marilyn Pearline: My name is Marilyn Suskin-Pearline, we live at 403 26th Street and I want to say good afternoon to all of the council members here, the commission members, and the opportunity to speak. I want to start up by saying that when you pull into Old Beach, you see a sign that says Old Beach, slowly but surely Old Beach is going to be out of existence because of the new growth, new structures, and 5 the new houses that are going up that are suffocating the Old Beach look. I grew up in Old Beach in terms of our house. Our house is one of the original beach houses there, it was built in 1929 and I guess it has a historical significance to it. We see growth. Growth is always permitted but it shouldn't be at the expense of destroying originality. My husband and I returned to Old Beach in 2000, we have lived there 17 years. We built a two-story addition in the back of our house and are concerned about the growth of Old Beach. We built our addition on the back of the house, so that you cannot even tell. The originality of our 1929 house still exists, as we wanted to maintain the charm of Old Beach. We are concerned with the safety. The more houses you cram into a lot,the more density there is.These houses if you look at them, if any of you live near them, you will see they are all built of wood and plywood. There is no buffer between them. There is no feeling of safety, God forbid if a fire should breakout and they are all crammed onto a lot, the higher they go and that is a safety matter because flames go over the tops of roofs faster depending on the wind currents. We are opposed to this variance. It's not keeping the charm of Old Beach. Please don't let Old Beach disappear by allowing this new growth to continue and we understand that the city tax pays profits when these houses are built, but we consider that, please consider that we as tax owners, home owners of the old 6 original beach houses also contribute to the taxes. Our house is not an investment property, it's our home, it's not there for profit purposes. We asked that the investment opportunities of some not be considered above the investment properties of our homes, our charm. We don't want the profits of some to overshadow the sight and serenity that we have as homeowners and Old Beach neighborhood. We asked that you not allow Old Beach to vanish,we asked that you help us maintain the charm what we live in now that we take pride in and that we want to have continue, we want to see the sign of Old Beach mean Old Beach, we don't want to see a sign that says a new beach. Thank you very much for your consideration. Mr. Thornton: Thank you, is there a question for Mrs. Pearline? Thank you ma'am. Ms. Rucinski: And is all the speaker on that application. Eddie Bourdon: Chairman I will endeavor to be brief. You have in your packages, a picture showing what the lot configuration was in 1960 when it was re-subdivided to create basically two square lots, each of which can have a duplex built on it today, does not need anybody's approval. We can build four units in two duplexes today. The character of this area are lots that run north and south, between the number street, alley in the middle, number street. Not what you see with two lots facing Arctic Avenue that were created in 1960 and so 7 we are actually going back and re-establishing the character of neighborhood and we are not seeking any setback variances whatsoever. The distance between the two houses on each of the lots is 30 feet, other than the little bump outside are under the guidelines and in every way, this is consistent with the character of Old Beach. We want to see Old Beach redevelop and that didn't happen last week or last year, it's been ongoing very successfully for a decade or more. We don't have a bunch of duplexes, we have the cottages instead, the building lot coverage on these two lots, impervious surface, will be less than the folks you spoke in opposition on their property. They have a substantial amount of lot coverage, beautiful home, no one is suggesting otherwise, but it's all about green space. We will have more of it on these lots than they have on theirs. I will be happy to answer any questions. Mr. Thornton: Any questions to Mr. Bourdon? Thank you sir. Mr. Bourdon: Thank you. Mr. Thornton: With that, we close the public hearing and open a podium up to questions. Yes sir. Mr. Weiner: Correctly from Ron, I know there was a couple of you all have been on the Old Beach Committee, but isn't this our vision to see updated houses coming there, like this with the proper look? 8 Mr. Hodgson: Yeah, the answer to question is yes, I am kind of struggling with part of your question is, why not approve this. I am looking at, I mean all the different things ever mentioned from turning off the 26th Half Street onto Arctic Avenue, that this new building would block the view. If I am looking at the plans it actually sits further back off of Arctic Avenue than what's currently there, so I know to take that also table. I am sorry, how many parking spaces did Eddie say it has currently, is it three and you have eight units, so you are going to get lot of parking on the street, which is a tough defined anyway down in that area. You are decreasing a lot coverage, you're over landscaping which we love to see. Right now, he can build two duplexes by-right,which I think anybody would rather have than two massive duplexes that take up the whole area. So I really cannot find a reason why not to support this application. Mr. Thornton: Yeah,may we have a motion? Mr. Inman: We approve the application. Mr. Thornton: Motion by Mr. Inman, second by Mr. Hodgson. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE 9 REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Edward Weeden: By the vote of 11-0, the Commission has approved the application of C and C Development Company Incorporated. 40 „.. . .„7 ..e•••'-'-;;- --,••••••• V \\I r 1 -r` .......'. iii \\ Iii �— ii I .....0.'-. err —......1 • I 1 —ter 11111 V. ''...'. a J . ..o...... .„...,..: I 1 II 1 tI ......1.... i I 'I -- }'= .-- L.I II I �i i,-- ii � I 1 I ---------c 11 ii I _ter\._ I � Ili �1 II IS \11.,_ II I \ f c1L -------- II I: _ — y i LIP N II II NI \__.--) 1 I. I I I. 1 III III f' 1 ': III �—. lam CO `I 0 I I sow J 114�I 11' II ...-ro-', r.... CI Ilk 17... S11111111S1 11:. Isi :; ---' ci • 11 i _r1 iiiii: t; S IIISII” I! ti !; ONO ill ti 7-0 til y II , \\• k.—.S r liS 1Iiii 41 C it j l 1 U L- I i CK 1 II a r —1 I S. 1IL� t i 111 J Y �'I i I III Hu� ((, rp- sl � li`y`4W�;J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALBA TAXI, LLC [Applicant] EDWARD SELAMAJ & BESNIK SELAMAJ [Property Owners] Conditional Use Permits (Automobile Repair Garage & Bulk Storage Yard) for the property located at 1208 Bells Road, (GPIN 241647178), COUNCIL DISTRICT— BEACH. MEETING DATE: March 20, 2018 • Background: The applicant purchased the nearly 9,700 square-foot property in 2016 with the intent of using it for the storage and repair of vehicles related to the applicant's taxi business. The applicant is currently working with the Department of Housing and Neighborhood Preservation to address several existing inoperable vehicles on the property, which are not permitted, and for the removal of woody debris that has been placed on the site. The applicant proposes to develop the site with a nearly 1,800 square-foot building with three auto repair bays and a small office. It is anticipated that most of the repair work will be the servicing of the taxi fleet; however, the applicant also desires to offer repair services to the general public. In addition to the repair service, the applicant would like to store up to six vehicles on the site related to the taxi operations. All taxis are proposed to be stored within the designated striped parking areas. Exterior building materials of the proposed building are depicted on the elevations as split-face CMU, metal and vinyl lap siding, and an asphalt shingle roof. Section 228 of the Zoning Ordinance requires that Bulk Storage Yards be completely enclosed by Category VI screening. The applicant is requesting a deviation to this requirement, as the number of vehicles proposed to be stored on the site is low and those vehicles will be "stored" in the parking lot. ■ Considerations: The subject site is severely restricted on the types of uses permitted given its location in both the greater than 75 noise zone and the Accident Potential Zone 2. Both proposed uses, an Automobile Repair Garage and a Bulk Storage Yard, are deemed compatible uses under the provisions of Article 18 of the Zoning Ordinance. The proposed uses are consistent with the Comprehensive Plan's recommendations for Special Economic Growth Area 1 — East Oceana (SEGA 1), which calls for low intensity light industrial uses, and with the Suburban Focus Area Alba Taxi, LLC Page 2 of 3 Plan #9 — Historic Seatack and Vicinity — that calls for more intense uses to be located on the west side of Birdneck Road. Due to the presence of residential dwellings along Bells Road, a condition has been recommended that limits the hours of operation of the Automobile Repair Garage to between 7:00 a.m. and 7:00 p.m. There was one speaker in opposition who expressed concern that allowing these uses could negatively impact surrounding property values. The speaker also noted concerns related to the potential for increased traffic, detrimental environmental impacts, potential eyesore if business fails, and the need for increased screening. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this application by a vote of 11-0. 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "PRELIMINARY PLAN OF AUTO SERVICE FOR NICK SELENAJ, VIRGINIA BEACH VIRGINIA", prepared by LAND DESIGN AND DEVELOPMENT, INC., dated November 21, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled, "AUTO SERVICE CENTER FOR NICK SELENAJ, BELLS ROAD, VIRGINIA BEACH, VIRGINIA", prepared by REICH DESIGN ASSOCIATES, P.L.C., dated January 23, 2018, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. A landscape plan shall be submitted at the time of site plan review depicting multiple layers of plantings in the areas depicted in the Concept Plan in order to provide a sufficient screen from the right-of-way. Said plant material shall be maintained or replaced if it becomes diseased or dead. 4. As depicted on the Concept Plan, eight feet of the property along the Bells Road shall be dedicated to the City of Virginia Beach. 5. All motor vehicle repair shall take place between the hours of 7:00 a.m. and 7:00 p.m., and only inside of the building. 6. The parking lot shall be striped to reflect all parking spaces required by the City Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). Alba Taxi, LLC Page 3 of 3 7. No more than six (6) vehicles shall be stored on the site and shall be limited to the striped parking spaces as depicted on the Concept Plan identified in Condition 1 above. No vehicles shall be permitted to be parked or stored in the drive aisles or in any areas not striped as depicted on the Concept Plan identified in Condition 1 above. 8. No vehicles in a state of obvious disrepair shall be stored outside of the building for more than 24 hours. All such vehicles shall only be permitted to be stored within the building with the overhead bay doors closed. 9. There shall be no outside storage of equipment, parts, or materials. 10.All signage on the site shall comply with the requirements of the City Zoning Ordinance. Any freestanding sign shall be a monument style sign, no taller than eight feet, externally lit and have a brick base. 11.There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, 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. 12.All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixture located on the property shall not be erected any higher than 14 feet. A photometric plan shall be submitted and approved prior to the approval of the site plan. 13.No outside paging or amplified music system shall be permitted. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. SubmittingDep. • - • Agency: PlanningDepartment /�/1/ il Pk 4 City Manager: \ taw NBApplicant Alba Taxi, LLC Agenda Item Property Owner Edward Selamaj & Besnik Selamaj Public Hearing February 14, 2018 City Council Election District Beach Virginia Beach Request aroOkAznA venue Conditional Use Permit (Automobile Repair Garage & Bulk Storage Yard) Obs lane Staff Recommendation APZ2 Approval geVls keo Staff Planner >I5dBDNL 4.......- Robert ear Robert Davis Location 1208 Bells Road GPIN 2416471784 , Site Size 9,679 square feet AICUZ Greater than 75 dB DNL; APZ 2 Watershed Atlantic Ocean �-, t. Existing Land Use and Zoning District r, 4 , w .0k111-2:'-' .l + ' , ' Vacant/ 1-1 Light Industrial • - " , '" ~ ., ot.,,ipc.44. , ::A , Surrounding Land Uses and Zoning Districts 0.'---.{ . ,`y ' . f •� . tip• }° - North L. = a i. 1,...'�.. "atfic Ali, -; , Wooded parcel/ I-1 Light Industrial ' "" South4 , . G> +k .,t F Bells Road ,. 3 / - _' •' �,t, Al Single-family dwelling, wooded parcel/ R-5D ',: y, 1 Residential, I-1 Light Industrial :r. ,t= --t ,,e N East `^ - ''M n 4 Industrial warehouse/ 1-1 Light Industrial .,*. .I , West c; b ',001 -N. .,'' Wooded parcel/ 1-1 Light Industrial Alba Taxi, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant purchased the nearly 9,700 square-foot property in 2016 with the intent of using it for the storage and repair of vehicles related to the applicant's taxi business. • The applicant was cited by the Department of Housing and Neighborhood Preservation for the inoperable vehicles on the property, which are not permitted, and for the storage of wood debris on the site, which requires a Conditional Use Permit for Bulk Storage. The applicant is working to remove the illegal vehicles from the property and would like to develop the site as an auto repair establishment. Based on this a Conditional Use Permit for Auto Repair Garage and for Bulk Storage has been filed. • The applicant proposes to develop the site with a nearly 1,800 square-foot building. The 31-foot tall structure is proposed with three service bays for auto repair and a small office. Exterior building materials include split-face CMU, metal and vinyl lap siding, and an asphalt shingle roof. • It is anticipated that most of the applicant's auto repair will be the servicing of their taxi fleet; however, the applicant desires to also be open to the general public. • In addition to the repair service, the applicant would like to store up to six vehicles on the site related to their taxi operations. All taxis are proposed to be stored within the designated striped parking areas. • The site will be accessed by a single point of ingress/egress off of Bells Road. The eight onsite parking spaces exceed the minimum requirement of two spaces that are required for an Automobile Repair Garage of this size. • Plant material is proposed along the property's western boundary and along the front of the site between the building and Bells Road. • Consistent with both the parcels located to the east and west of the subject site, an eight-foot right-of-way dedication is proposed to ensure all power lines and ditches are located within the public right-of-way. • Section 228 of the Zoning Ordinance requires that Bulk Storage Yards be completely enclosed by Category VI screening—a solid six-foot tall fence and evergreen shrubs. The applicant is requesting a deviation to this requirement as the number of vehicles proposed to be stored on the site is low and that the applicant proposes the primary use of the site as an Automobile Repair Garage. Staff supports this deviation request. Alba Taxi, LLC Agenda Item 1 Page 2 I 1 1s 111, ` o Zoning History 5D APZ2 Request IS dB ,ADNL - 1 CUP(Bulk Storage Yard)Approved 04/12/2005 2 CUP(Contractor's Storage Yard)Approved 07/08/1985 3 CUP(Wireless Communication Facility)Approved ____ ` 12/11/2001 - --- Irl 3 \ ___------ 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 subject site is severely restricted on the types of uses permitted given its location in both the greater than 75 noise zone and the Accident Potential Zone 2. Automobile Repair Garages and Bulk Storage Yards, such as proposed, are compatible uses under the provisions of Article 18 of the Zoning Ordinance. It is Staff's opinion that the proposed uses are consistent with the Comprehensive Plan's recommendations for Special Economic Growth Area 1—East Oceana (SEGA 1), which calls for low intensity light industrial uses (and limited retail) with significant buffers to shield the surrounding residential neighborhoods from intrusive impacts. As previously stated, the applicant is requesting a deviation to the requirement that a Bulk Storage Yard be enclosed by both a solid six-foot privacy fence and Category VI landscaping. The applicant does propose enhanced landscaping in front of the new building and along the western side of the property. Given that the storage of the six vehicles will be limited to actual striped parking spaces, Staff supports the request to deviate this requirement. Due to the presence of residential dwellings along Bells Road, a condition has been recommended that limits the hours of operation of the Automobile Repair Garage to between 7:00 a.m. and 7:00 p.m., to ensure compatibility with the area in regards to noise and traffic during typical quiet hours. Because of the compatibility of the proposed use with the restrictions on the site and with the recommendations of the Comprehensive Plan, Staff recommends approval subject to the conditions below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "PRELIMINARY PLAN OF AUTO SERVICE FOR NICK SELENAJ, VIRGINIA BEACH VIRGINIA", prepared by LAND DESIGN AND DEVELOPMENT, INC., dated November 21, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. Alba Taxi, LLC Agenda Item 1 Page 3 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled, "AUTO SERVICE CENTER FOR NICK SELENAJ, BELLS ROAD,VIRGINIA BEACH,VIRGINIA", prepared by REICH DESIGN ASSOCIATES, P.L.C., dated January 23, 2018,which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. A landscape plan shall be submitted at the time of site plan review depicting multiple layers of plantings in the areas depicted in the Concept Plan in order to provide a sufficient screen from the right-of-way. Said plant material shall be maintained or replaced if it becomes diseased or dead. 4. As depicted on the Concept Plan,eight feet of the property along the Bells Road shall be dedicated to the City of Virginia Beach. 5. All motor vehicle repair shall take place between the hours of 7:00 a.m. and 7:00 p.m., and only inside of the building. 6. The parking lot shall be striped to reflect all parking spaces required by the City Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 7. No more than six(6)vehicles shall be stored on the site and shall be limited to the striped parking spaces as depicted on the Concept Plan identified in Condition 1 above. No vehicles shall be permitted to be parked or stored in the drive aisles or in any areas not striped as depicted on the Concept Plan identified in Condition 1 above. 8. No vehicles in a state of obvious disrepair shall be stored outside of the building for more than 24 hours. All such vehicles shall only be permitted to be stored within the building with the overhead bay doors closed. 9. There shall be no outside storage of equipment, parts, or materials. 10. All signage on the site shall comply with the requirements of the City Zoning Ordinance. Any freestanding sign shall be a monument style sign, no taller than eight feet, externally lit and have a brick base. 11. There shall be no signs which contain or consist of pennants, ribbons, streamers,spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted or attached to the windows, 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. 12. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixture located on the property shall not be erected any higher than 14 feet. A photometric plan shall be submitted and approved prior to the approval of the site plan. 13. No outside paging or amplified music system 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. Alba Taxi, LLC Agenda Item 1 Page 4 Comprehensive Plan Recommendations This site is designated in the Comprehensive Plan as being located within the Special Economic Growth Area 1 - East Oceana (SEGA 1). Policies for the eastern portion of SEGA 1 recommend low intensity light industrial uses (and limited retail) with significant buffers to shield the surrounding residential neighborhoods from intrusive impacts. Additionally, this site is within Suburban Focus Area 9: Historic Seatack. This area is thought to be the oldest African-American settlement in Virginia. Seatack is an integral part of the Resort Area, and while primarily a residential community with supporting religious institutions and public facilities, it also includes some businesses and light industry. Much of the SFA is constrained by the Special Flood Hazard Area, AICUZ restrictions, and Navy restrictive easements. Recommendations for this area include having all new development adhere to Article 18 of the Zoning Ordinance concerning AICUZ restrictions, be compatible with existing residential areas, have significant landscape screening buffers between existing residential areas and new non-residential development, and design stormwater systems to not negatively impact adjacent parcels. Natural and Cultural Resources Impacts This site is located within the Atlantic Ocean watershed. There are no known significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Bells Road 5,599 ADT 1 6,200 ADT 1(LOS°"C") Existing Land Use 2—17 ADT 9,900 ADT 1(LOS 4"D") Proposed Land Use 3- 13 ADT 'Average Daily Trips z as defined by 0.22 acres of 3as defined by a three bay automobile °LOS=Level of Service I-1 zoned property repair garage Public Utility Impacts Water This site must connect to City water. There is an existing eight-inch City water main on Bells Road. Sewer This site must connect to City sanitary sewer. There is an existing 12-inch City gravity sanitary sewer main on Bells Road and an existing 42-inch HRSD force main running through an easement along the property line of the adjacent property to the east. Alba Taxi, LLC Agenda Item 1 Page 5 Proposed Site Layout 1 1 1. 0 r, Proposed three bay 101 `, 11 , r PROP. 10'WILITY EASEYENI garage 11 t FOR NRSO 1` t )a 24'06'1 I OD.0)'• % 1 t _fit` 1 ICI \ ALVES NF1 4N 10104 WI v 1ONTRACi0R5 CRONO IAEOUIPLEK?CORPORATOR t tos 1119.P.1715) ) Uw 241f-0-410S241f-0-410S4a oe lrloartt I-1 c-.., Bulk Storage v (Up to&parking spaces) gir t — . t NRSO VALVES n 0 Ire 4k 0— , _._.‘--11 .:\ PlentinB Areas • to.S'X 8' I :24.1\ OffICE aro"' 0 � t \ t 1,, B RTW RESEtNANON FOR THE CRY a N4CJti:.1 REACT. I -•y 1 � VALVES . .• 1 Irg— _ _EX!$TING TREES TO __ 1 l�I�t UM -- �t — RairR AMC — 1 i t _!_ fRON5AG[ u' 1 -1`t i , ' 7'u5t t.i RAFT lPSV 1 / '°.wr...1.111/SMF 1t ow g It (}cm 9019441 O C TTV-4 .ei "' 1S.• PRLP 51-0 p. I i1 1` . ' ,f CC-90 tw..3C) ,h '` 9 I ___ __ J •'',a `� txlsTVr • O♦RrvAW.ACE EASEMENT - .r ....o ... ys t PRCU. /LOCO-134-112i, PR-201.C-541.CP 2-149) Alba Taxi, LLC Agenda Item 1 Page 6 Proposed Elevations ---91,--a _ _ -,s s WO 6 • — ._. -. -— 9-- .__ 11111011111111111111111 - t-4- _ Jay y,L _ !L__ _ ,_..I I li < Ili i► Vii:�� ® _ ----- RKsNT SIDE ELEVATION FRONT ELEVATION x ,+ w•rr ter.. — r _� .r 11 1111110? 11 1 1 + A L1� ._1 U.I—.----I - -•—•—{+---L...l -• r.1... � 1 ►�.!I3 ,._ __ _ a¢�. . { cs sssv wme�+.uwQ .r. a . ErAliii•I�:a. _ ----4 e ".a LEFT SIDE ELEVATION REAR ELEVATION Alba Taxi, LLC Agenda Item 1 Page 7 Site Photos -1#0/11. `-'41110 rum Ili Et' 1 ‘No i� fig, ♦ -;k Y a s .'7�" +Vis. V:1,-4111k 1,- t _ • Alba Taxi, LLC Agenda Item 1 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAMEAlba Taxi, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes 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 X Conditional Use Permit License Agreement Wetlands Board 4-- The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s) ElAPPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE �j f?/a Q/r 4 Robert A.Davis REVISIONS SUBMITTED DATE Alba Taxi, LLC Agenda Item 1 Page 9 Disclosure Statement AB Virginia Beach LiCheck 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:Alba Taxi, LLC If an LLC, list all member's names: Sava Ildize Selamaj Besnik Selamaj If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest 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. ElCheck 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:_ Edward Selamaj & Besnik Selamaj If an LLC, list the member's names: Page 2 of 7 Alba Taxi, LLC Agenda Item 1 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Alba Taxi, LLC Agenda Item 1 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ „ Accounting and/or preparer of your tax return =' nArchitect/ Landscape Architect/ Reich Design Associates, PLC 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) 111 Construction Contractors Engineers/Surveyors/Agents Land Design and Development, 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 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 Alba Taxi, LLC Agenda Item 1 Page 12 Disclosure Statement Virginia Beach iammar 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. — C29-1447 APPLICANTS SIGNATURE PRINT NAME _ _ DATE Page 5 of 7 Alba Taxi, LLC Agenda Item 1 Page 13 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ '=1 Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property " (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ '=' Engineers/Surveyors/Agents Financing (include current • ii mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) O Legal Services Real Estate Brokers / L " 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 Alba Taxi, LLC Agenda Item 1 Page 14 Disclosure Statement A/13 Virginia Beach 1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ---1, - PROPERTY OWNER'S SIGNATUR1 PRINT NAME - ,¢-tp 5eM.--PATE Page 7 of 7 Alba Taxi, LLC Agenda Item 1 Page 15 Consent Item#1 (Removed from Consent Agenda) Alba Taxi, LLC Conditional Use Permit- Automobile Repair and Bulk Storage Yard 1208 Bells Road District- Beach Ms. Oliver: Thank you Mr. Chairman. This afternoon we have four items on the consent agenda. The first matter is agenda item number one and this is an application of Alba Taxi, LLC for Conditional Use Permit for an Automobile Repair Garage and a Bulk Storage Yard on the property located at 1208 Bells Road in the Beach district 6. Is there a representative for this application? Would you like to come up and state your name please? Speak into the microphone. Besnik Selamaj: Okay. My name is Besnik, last name is Selamaj. Ms. Oliver: Thank you, the conditions in the application acceptable to you? Besnik Selamaj: Yes ma'am. Ms. Oliver: Okay, great, thank you. You can take a seat. Besnik Selamaj: Thank you very much. Ms. Oliver: Is there any opposition to this application being placed on the consent agenda? Yes sir. Did you fill out a card sir? Unknown Speaker: No, I wasn't aware of it. Mr. Thornton: If you are opposed to this, we will move it to the hearing agenda. Do you want to speak in opposition to it? 1 Unknown Speaker: Yes sir. Mr. Thornton: So we will move it. Yes sir, we are going to just deal with consent items now,but we will move it to the hearing item. Female Speaker: Please fill out the card sir. 2 Item#1 ALBA TAXI, LLC Conditional Use Permit-Automobile Repair Garage & Bulk Storage Yard 1208 Bells Road District-Beach Ms. Rucinski: Thank you Mr. Chair. The first item is Alba Taxi LLC which is an application for a conditional use permit automotive repair garage and bulk storage yard and property located at 1208 Bells road district 6 Beach, can the applicant come forward please? Thank you, sir. When you get to the podium, can you state your name for the record and then explain your application to us? Besnik Selamaj: Yes, my name is Besnik and last name is Selamaj and I would like to have interpret because my English is not so high performance, which is my brother and he speaks much better than me, so I want to be clear what I am saying. Is that going to be okay? Mr. Thornton: Sure. Besnik Selamaj: Thank you. Mr. Thornton: Because we have a time limit on the presentation, so make sure you stay within the time limit, when you see that little yellow light go off, it will be time. 1 Besnik Selamaj: What's the time sir? Mr. Thornton: Three minutes. Besnik Selamaj: Thank you. Yeah, the reason I involved in that company name is because I have been in business of taxi service for about 10 years now and I see this business is going up and down. I need the location to have for my fleet, to have office on my dispatcher and everything. I tried for eight years parking somewhere there because business is going up and down, I don't have a good place to repair my fleet because the situation now the Uber, this business is going down and I have to reduce expense I have for my business to keep my business, this is the reason I do that. Mr. Thornton: Thank you. Anybody on the planning commission have a question for the applicant? No questions, thank you sir. Besnik Selamaj: Thank you. Ms. Rucinski: Don't have the card for the speaker, so whoever. Sir, if you can come forward, can you just give me your card? So you can please state your name when you get to the podium? Edward Michael Disharoon: Yes ma'am, good afternoon. My name is Edward Michael 2 Disharoon. I live at 1248 Bells Road, my wife and I have lived in this residence for 40 years. We build our house in 1977 on her grandfather's property Edwin Piaice; we own also three properties and two homes on this street. My wife's family has lived on this street since 1930 when they moved from what is now Oceana Naval Station . The road is now named after my wife's grandmother who was Mary Lucinda Bellives, when the city incorporated into Virginia Beach, her father Howardice, asked the street be named after her. We have seen Bells road develop and grow into a small neighborhood as also known as Bellwood Estates my wife's grandfather and father farmed and developed Bells road from Birdneck Road to Oceana Boulevard, little by little they sold off the property to people who lived to build homes and raise families on Bells Road as we have done. I give you a brief history lesson of Bells Road because we are concerned about this permit to build an automotive repair garage and bulk storage on a small property less than one acre, half third of an acre, our bigger concern is the devaluing of our property with this permit. The increase vehicular travel of taxis on Bell Road and the environmental impact of the oil and gas run off into the City's drainage lines. Another concern is the property is now on a historical and cultural district of Seatack which the City Council passed over a year ago and as you know this was a designated area to prevent this type of commercial development and preserve the integrity of the Seatack community. I have a petition 3 with 27 of the 37 residents of Bells Road who are against this permit; this residence represents 37% of the neighborhood, the other ten are rental properties on the street. I don't know if you have been on the street or seen it lately but there have been six abandoned and damaged taxi's cabs parked on this property since last summer. The police department investigated and questioned the Zoning Department why this occurred? My question is why these automobiles are allowed to park on this property before the use permit has been granted or issued. Long term concern is our business fails and we have to live with the problems of rodents, vandalism, and eyesore of the neighborhood. The applicant has also asked for deviation of fencing, we request that the fencing be put in for the safety of our neighborhood. In conclusion, I hope you will deny the permit and defer the study impact of this for our neighborhood, our environment, and our community. Thank you for allowing me to speak today. Mr. Thornton: Thank you sir. Any question to Mr. Disharoon, Ron? Mr. Ripley: Yes sir, could you point out where your house is located, we need an exhibit up here. Edward Michael Disharoon: All three of our houses are right there. We owned the third three acres on that street. 4 Mr. Ripley: Thank you. Mr. Thornton: Other questions. Thank you, sir. Edward Michael Disharoon: Thank you. Ms. Rucinski: There are no other speakers. Mr. Thornton: The applicant now if he would chose has a moment to issue any rebuttal? The way the process works is if he cares to have any rebuttal. Besnik Selamaj: No. Mr. Thornton: Okay, thank you sir. Okay with that, we will close the public hearing and we will talk amongst ourselves on the matter, anybody have any specific comments? Ms. Oliver: This question for, is Robert here? Ok, then Jimmy, is that area when we went to see it has it been cleared out of the vehicles. Carolyn Smith: They are currently working on it. 5 Ms. Oliver: Okay. So they are all going to be removed. Carolyn Smith: Yes, anything that is a junk vehicle or inoperable must be removed, and they are working through the Department of Housing and Neighborhood Preservation on that. Ms. Oliver: Okay, thank you. Mr. Thornton: Mr. Beach representative what are your thoughts? Mr. Hodgson: I have a question for those that were on the Seatack SFA committee with me, one of the things we tried to do and putting that together was to make sure that this is the type business that stayed on the west side of the Birdneck Road, is that correct? Ms. Oliver: That's correct. 6 Mr. Hodgson: That was one of our goals in doing that. Ms. Oliver: Right. Mr. Hodgson: So I think we are adhering to what our recommendations were when we put that inaction and, you know, I would make a recommendation that we move to approve this application. Mr. Thornton: Okay, we have a motion to approve, Mr. Redmond; I am sorry, second by Mr. Redmond's motion by Mr. Hodgson, call for the question please. 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 the vote of 11-0, the commission has approved the application Mr. Thornton: Thank you. Call the next item please. 7 41. --- --.--'--------wr : 111 • , 1 I '-- - - am ! 1 ' 1 I I il , i ;- 1 ____.,, i f r I . I 1 f I : I I ! 1 I i! . I 4C (NI 1 i 1 1 .. I it 1 1 , 1 1 , vin 1 i , . ...i. 1 , tgli ic lir i 1 , ., ...... 1 .11 1 or I 1 1 - ..... 1 1 ; r ) I I 1 f op e lab li / 1 ) 0.1 gr , b.. . 't '------------_ .,--C. R \--. ... , x ( ------ ... , --• I , 1 r' 1 am I 0 I 1 ' .0 •I 111‘koilh1/4411111111\ ? 1 3 * , f 4C : .. • . 1.1•1.: 0 ih,.N.okhh. ) i , t . 1 ...04 1 ro I 8 , i 1 I 0 I f 11 t' • 6.3e • < I .1 (j il c i .....n.A./ i , t • i E. f i f I - - - i . ! RI 10 ' .1 11 I ________ ".-\\III 11 . / /? 1I 4 t 1r- i • . e . 1 1 . i 1 . 1 . . , i I - .. 1 , . II . ,--- . -..- I V. ...- , I t i : I I I , C ( , i ‘ . , 1 - iI, 44 , . . ....„, ..... . • i 1 i ,.... .; i • ,,,,, ti'N 44 ( t Sl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CROWS NEST HOLDINGS, LLC T/A REAVER BEACH BREWING COMPANY [Applicant] THOMAS R. BOOZEL [Property Owner] Conditional Use Permit (Craft Brewery), 1501 & 1505 Taylor Farm Road, Suites 401, 402, &403 (GPIN 1495752791), COUNCIL DISTRICT — ROSE HALL. MEETING DATE: March 20, 2018 • Background: The applicant is purchasing the Reaver Beach Brewing Company, which has operated as a beverage manufacturing facility since 2010. In 2013, the City Council amended the Zoning Ordinance requiring a Conditional Use Permit for craft breweries. As the applicant is proposing to expand the brewery, a Conditional Use Permit is now required. Beverages will be available for on-site consumption within the tasting room, which will only serve beer produced by the brewery. • Considerations: The use is consistent with the Comprehensive Plan's land use goals for Special Economic Growth Area (SEGA) 3 - South Oceana, meets the standards listed in Section 230(a) for Craft Breweries, and is compatible with the uses in the surrounding area. Additionally, the use is acceptable as per the AICUZ Overlay for property located within the Greater than 75 dB DNL noise zone. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. • 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 with the conditions below. 1 . The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 3. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. Crows Nest Holdings, LLC Page 2 of 2 4. There shall be no live-music performances. 5. No food trucks shall be permitted to operate on the premises unless a separate Conditional Use Permit for an Open-Air Market is obtained. 6. There shall be no outside seating areas. 7. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A sign plan shall be submitted to the Zoning Office for review and permitting prior to the installation of any signage. Any existing signs that did not receive required permits shall be submitted to the Zoning Office for review. 8. Floor area dedicated to retail sales auxiliary to and in association with the brewery shall not exceed ten (10) percent of the gross floor space of the building occupied by the brewery. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• . •• nt/Agency: Planning Department / City Manager", Applicant Crows Nest Holdings, LLC t/a Reaver Beach Agenda Item III Brewery �� Property Owner Thomas R. Boozel Public Hearing February 14, 2018 2 Virginia Beach City Council Election District Rose Hall Request .m; i I T°%, e.,. Conditional Use Permit (Craft Brewery) 46, �Roaa . ,� ° Rola a co'''' Staff Planner APZ1 to'"‘4' Stephen J. White G AviatorONe = =i5 dE DI'.L 1 C. Performanceco � Location i 1501 & 1505 Taylor Farm Road, Suites 401, 402, p ton �a_�ad &403 fiOfk'Panto fwd G P I N Mok i` 1495752791 APZ2 Site Size 1.58 acres 70-75 dB DNL AICUZ Greater than 75 dB DNL AP22 L Existing Land Use and Zoning District Office-Warehouse (Beverage Manufacturing)/ I-1 Light Industrial # .�_ 4 i 4 !' to Surrounding Land Uses and Zoning Districts jy " , . 1 IN ;• North t 1 1 fill 1011 a'",.f....7., .„ +.,, •i London Bridge Road ' -- i°.�., "�, ii' • 4 1 Office-Warehouse/ 1-2 Heavy Industrial fd , '� South #_ „ ,;Al Kirit t.rri R Horse Pasture Road = . ,,rQ Undeveloped lot/ I-1 Light Industrial �" East 1ifr',- h f CJ''''ti,re„�, .• 4. ' is 4 Taylor Farm Road . K. Office-Warehouse/ 1-1 Light Industrial _ n "ctin, West 4 : '.5 - — 5 Undeveloped lot/ 1-1 Light Industrial , .... . i ‘,, ,_w m ,.gym;,:, .Ta'4 - -z- - - ' ' . _ Crows Nest Holdings Agenda Item 2 Page 1 Background and Summary of Proposal • The applicant is purchasing the Beaver Beach Brewing Company, which has operated as a beverage manufacturing facility since 2010 within suites 401 and 402 of the office-warehouse building located on the site. The applicant is expanding the brewery operation into suite 403. The combined area of suites 401, 402, and 403 is approximately 9,000 square feet. • The original beverage manufacturing operation evolved after 2010 to include elements common to a Craft Brewery, as defined by the Zoning Ordinance. As a result of the ownership change and the expansion of the brewery operation, a Conditional Use Permit for a Craft Brewery is necessary.The applicant has also applied for a permit from the Virginia Alcohol and Beverage Control (ABC) Board for a brewery and keg permit. • There are no changes proposed to the exterior of the existing building. • Proposed hours of operation are 3:00 p.m. to 9:00 p.m., Tuesday through Friday; 12:00 p.m. to 9:00 p.m. on Saturday; and 1:00 p.m. to 6:00 p.m. on Sunday. • Beverages will be available for on-site consumption within the tasting room, which will only serve beer produced by the brewery. As defined in the Zoning Ordinance, Craft Breweries may not produce beer or other fermented beverages in excess of 15,000 barrels per year. • The Zoning Administrator has determined that the retail area permitted as an accessory use on the site is limited to 10%of the gross floor area of the business. • The existing number of parking spaces on the site meets the requirements of Section 203 of the Zoning Ordinance. • The United States Navy owns a restrictive easement that encumbers use of the property. In November 2016, Beaver Beach Brewing Company was provided with a letter regarding the compliance of the operation with the restrictions of the easement. The City does not enforce the restrictions; however, the applicant states in the narrative of the application form that "the applicant shall comply with the terms of the Navy's Restrictive Use Easement." Additionally, Staff's recommended conditions for this Conditional Use Permit are consistent with the easement restrictions. Crows Nest Holdings Agenda Item 2 Page 2 I. pan 12; 2' ._„iondon g D__i R il' AIN Zoning History Ito # Request � fi� 1 CRZ(AG-1&AG-2 to Conditional 11)Approved -'Na..n a- 05/14/2002 -R�b -- 2 CRZ(I-1 & 1-2 to Conditional 1-2)Approved 10/29/2002 r 0,,,,Neck Road _ 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 Staff recommends approval of the applicant's request for a Conditional Use Permit to operate a Craft Brewery. The use is consistent with the Comprehensive Plan's land use goals for South Oceana-SEGA 3. The use meets the standards listed in Section 230(a) for Craft Breweries, and is compatible with the uses in the surrounding area. Additionally, the use, subject to the conditions below, is compatible within the Greater than 75 dB DNL AICUZ per the AICUZ Overlay Ordinance (Article 18 of the Zoning Ordinance). Recommended Conditions 1. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 3. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 4. There shall be no live-music performances. 5. No food trucks shall be permitted to operate on the premises unless a separate Conditional Use Permit for an Open-Air Market is obtained. 6. There shall be no outside seating areas. 7. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A sign plan shall be submitted to the Zoning Office for review and permitting prior to the installation of Crows Nest Holdings Agenda Item 2 Page 3 any signage.Any existing signs that did not receive required permits shall be submitted to the Zoning Office for review. 8. Floor area dedicated to retail sales auxiliary to and in association with the brewery shall not exceed ten (10) percent of the gross floor space of the building occupied by the brewery. 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 designates the area where this property is located as the South Oceana—Special Economic Growth Area (SEGA)3.The Plan identifies this SEGA as a special area with significant economic value and growth potential, (page 3-32, Policy Document).All development within this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. Measures to mitigate negative impacts on adjoining stable residential areas must be part of any development proposal in this area. Mitigation measures should include adequate screening, and light and noise attenuation in building and site design. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. As the site is fully developed with an office-warehouse and associated parking,there do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Taylor Farm Road 757 ADT 1 9,900 ADT 1(LOS°"D") Z— Y 11,100 ADT 1(LOS 4"E") Existing Land Use 235 ADT 9,900 ADT 1(LOS°"D") Proposed Land Use 3—No Change London Bridge Road 12,316 ADT 1 Anticipated 11,100 ADT 1(LOS°"E") 1Average Daily Trips las defined by Drinking Sas defined by Drinking Establishment 4 LOS=Level of Service Establishment Public Utility Impacts Water The site is currently connected to City water.The existing one-inch meter(City ID#997310) may be used or upgraded to accommodate the proposed development. Sewer The site is currently connected to City sanitary sewer service. Crows Nest Holdings Agenda Item 2 Page 4 Existing Site Layout London Bridge Road r, . 6.111.111-41Clit . .4 l —11.1.1"11" .111111. 11m1"1111 -111.1. . i - .. v .. 1111 _.., • 67- --- UNIT 407 1 II l 5 ff.-' Ili / -- I 1 . IdOlS 40% UNIT 406 1 ___- - " , ...._. 1 -- .-- I tkli-____, I . A 1 UNIT 405 — 1rs: '. • b. I%_ - , , . k, \k44,1:1 .... , ._, Fl I I 1 , I ' UNIT 403 I i I'p;,iil -------- _________— • . - , ! -re: j,i--=--x--..= . r— -- LA I i' •, 1 I 1 I . , • , v I I i If 4 t t.. i, , ' I j,l11 •'si'... .__ '-. .P — UNIT 402 - - 111 II I L , _ , -- • x f- ' I I ' Lr, UNIT 401 v. ., M ,.- 11 . 1 1 ll'i- ' ..6 11.- . i DT .... I.IIII,. ..• , . Immli 41 -lilt--si. II-.dr•liIlliM.•Mi)CaiigIp-6i••4M;/llII/t&igaI6i/.,••il/lIt- - CROW'S NEST v HOLDINGS 1 REAVER BEACH Nora*Pasture Road Crows Nest Holdings Agenda Item 2 Page 5 Site Photos LI . . , a , . 1,1 _...._ , , __ 4 ---- . \ ,.,1,,...H1 111111 L ..'al.. ..-- ---__-______-- iii. _____ .. . dLis iiiii 11 _ ..%.•• --if ..,.. ,, Crows Nest Holdings Agenda Item 2 Page 6 Disclosure Statement - Virginia Beach APPLICANT'S NAME,Crows Nest Holdings, LLC tla Reaver Beach Brewe ry 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 I (EDIP) Board of Zoning . Encroachment Request Rezoning Appeals _ , Certificate of ' ' Floodplain Variance Appropriateness — Street Closure (Historic Review Board_) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ __ Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 PlannincnCornmisslon and Cit Council meetin_that f ertains to the a: licationts). ® L APPLICANT NOTIFIED OF NEARING DATE: 01/11/2018 ® NO CHANCES AS OFF DATE: 01/18/2018 Ce:3'�i I i REVISIONS SUBMITTED f DATE_ C*5---.6 Stephen White Crows Nest Holdings Agenda Item 2 Page 7 Disclosure Statement \fi3 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, � I business, or other unincorporated organization. I l Check here if the APPLICANT/5 a corporation, partnership, firm, business, or ther unincorporated organization. ist the Applicant's name:Crows Nest Holding_s,,_LLC t/a Reaver Breach Brewery if an LLC, list all member's na S. Mark Adkins If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different'tom Applicant. 1,/ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Thomas R. Booze) If an LLC, list the member's names: Page 2 of 7 Crows Nest Holdings Agenda Item 2 Page 8 Disclosure Statement •i!y4 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) Not applicable 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Crows Nest Holdings Agenda Item 2 Page 9 Disclosure Statement APPLICANT 'Virginia Bch YES NO SERVICE PROVIDER (use additional sheets if needed) El Accounting and/or preparer of Dixon,Hughes,Goodman LLP [ your tax return I I Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 1 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (Include current ❑ ✓ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 11 [] Legal Services Kaufman&Canoles, P.C. Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the 1 subject2rolierty 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 Crows Nest Holdings Agenda Item 2 Page 10 Disclosure Statement wcd 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'4 meeting, or meeting of any public body or committee in connection with this A• •licati•n .I %��, /�- • /X AVNs aye-17 APPUCAN SIGNATURE PRINT NAME DATE Page 5 of 7 Crows Nest Holdings Agenda Item 2 Page 11 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) [71Accounting and/or preparer of Harry Jernigan your tax return nL� I Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than n ✓j the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property L% (identify purchaser(s)and purchaser's service providers) 1 if Construction Contractors Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders v 1 selected or being considered to provide financing for acquisition or construction of the property) r✓ILegal Servkes Harry Jernigan Real Estate Brokers/ l• I Agents/Realtors for current and anticipated future sales of the subject ro ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development n _ 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 Crows Nest Holdings Agenda Item 2 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: l 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. �Yf N s /3ootit c, /1/ii PROPERTY OWNER'S SIGNATURE / PRINT NAME DATE 1 Page 7 of 7 Crows Nest Holdings Agenda Item 2 Page 13 Consent Item#2 Crows Nest Holdings, LLC t/a Reaver Beach Brewery Conditional Use Permit—Craft Brewery 1501 & 1505 Taylor Farm Road, Suites 401, 402, and 4013 District- Rose Hall Ms. Oliver: Okay, alright. The next matter is Agenda Item Number Two and this is an application of Crows Nest Holding, LLC, trading as Reaver Beach Brewery for Conditional Use Permit(Craft Brewery) on property located at 1501 and 1505 Taylor Farm Road, Suites 401, 402, and 403. Is there a representative for this application? Anne Crenshaw: Good afternoon, Anne Crenshaw. I am a member of Kaufman & Canoles Law Firm, and I represent the owner and the applicant. Ms. Oliver: Are the conditions agreeable? Anne Crenshaw: Yes. Ms. Oliver: Okay, great, thank you very much. Is there any opposition to this application being placed on the Consent Agenda? Hearing none, the Chairman has asked Commissioner Wall to read this into the record please. Mr. Wall: This is a Conditional Use Permit for a Craft Brewery. The applicant is 1 purchasing the Reaver Beach Brewing Company, which has operated as Beverage Manufacturing Facility since 2010 within Suites 401 and 402 in an office-warehouse building located on the site. The applicant is expanding the brewery operation into Suite 403. The combined area will be approximately 9,000 square feet, the original beverage manufacturing operation evolved after 2010 to include elements common to a craft brewery as defined by the Zoning Ordinance. As a result of the ownership change and the expansion of the brewery operation, a Conditional Use Permit for a Craft Brewery is necessary. There are no changes to the exterior of the building; the proposed hours are 3 p.m. to 9 p.m., Tuesday to Friday; 12 p.m. to 9 p.m. on Saturday; and 1 p.m. to 6 p.m. on Sunday. Beverages will be available for onsite consumption within the tasting room. Craft Breweries may not produce beers or other fermented beverages in excess of 15,000 barrels per year. The number of parking spaces meets the requirements of the Zoning Ordinance. The Navy owns the restrictive easement that governs the use of the property. In 2016, Reaver Beach Brewing Company was provided with a letter regarding the compliance of the operation with the restrictions of the easement. The City does not enforce those restrictions; however, the applicant stated on their application that the applicant shall comply with the terms of the Navy's restrictive use easement. The use is consistent with the Comprehensive Plan's goals for South Oceana SEGA 3. The use meets the standards listed in the Zoning Ordinance for Craft Brewery, 2 and is compatible with uses in the surrounding area. Staff recommends approval. Therefore, we placed this item on the consent agenda. 3 f O 1 co J iv .\\\\ IIX 10 _ lip, icec,f,,,. ce . �� 1 .... ,_,t,„_, _. - 4,. . , _ a .___ .„,.., , ,.. . # 1.0.-,,a:r _ , . O0 .-\\ Tmil - \ 0<1(7\ V. 4 ,�. S K41‘, 4 SQ '1(--,„... i •4"4:74% .. . r \ '---.., A/4*--- • is Q N i • Q m \ _ -_-= __ _____:„:„-_--=_____ ._-.gym, m r S f,. •y1� 't. 4 P 'z, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OLD DONATION EPISCOPAL CHURCH [Applicant & Property Owner] Conditional Use Permit(Religious Use) at the property located at 4449 North Witchduck Road (GPIN 1478634745), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: March 20, 2018 • Background: The Old Donation Episcopal Church was built in 1736. In 1882, a fire left only portions of its brick walls standing. Staff was unable to find a previously approved Conditional Use Permit for the church; therefore, the proposed additions to the administration building require a Conditional Use Permit. The proposed improvements include Sunday school classrooms, a library, office space and an assembly hall. No changes are proposed to the historic church building. • Considerations: The property is located in the Old Donation Episcopal Church Historic & Cultural Overlay District. Based on this, the proposal was considered by the Historical Review Board at the January meeting. The Board deemed the additions complementary to the architectural design and historic character of the historical district, and as such, issued a Certificate of Appropriateness. To address the parking needs for the activities on the church's property, several years ago the church entered into a shared parking agreement with Sentara Hospital for use of a parking lot across N. Witchduck Road. There was one speaker in opposition who lives adjacent to the east who noted concerns related to privacy and encroachments, quality of life impacts and flooding. Further discussions with the church revealed that they are considering installing a fence along the shared property line to alleviate some of the speaker's concerns; however, there is no condition requiring the installation of a fence. is Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this application by a vote of 11-0. Old Donation Episcopal Church Page 2 of 2 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "SITE CONCEPT, OLD DONATION EPISCOPAL CHURCH, VIRGINIA BEACH, VA", prepared by Siska Aurand Landscape Architects, Inc., dated April 27, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "North, South, East & West Elevations, Old Donation Episcopal Church", prepared by Glave & Holmes Architecture, dated 12/13/17, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. Light primarily used for security purposes located on or in close proximity to the church building may remain on at any time, provided that the bulb of the light is shielded to not be visible from the property lines of adjacent properties and that the light be contained on the subject property. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De•a ent/Agency: Planning Department City Manage IL belie Applicant &Owner Old Donation Episcopal ChurchNIB Agenda Item Public Hearing February 14, 2018 City Council Election District Bayside 3 Virginia Beach Request / Conditional Use Permit(Religious Use) °.yy •Sy 0r4 Staff Recommendation " s = .'° Approval ./.065.,N t �s° 00 I * ''. 47?ai' Staff Planner ,o.�" a «+' . Jonathan Sanders + '6,`� , o,.,/; °+, `^ `N. ` z a� et Location �' .' �'+ f' � ., 4449 North Witchduck Road �` 1i GPIN 1478634745 N. 1-1.,...-' ,..,--.1.-- '"' 'i S . i + * r # w'�•` Site Size �.. I ` . t 6.7 Acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Church /R-20 Residential &P-1 Preservation - Surrounding Land Uses and Zoning Districts r .\ ;-''' .., ` '' North - 1 N. Witchduck Road ¢ Parking lot,single-family dwellings /0-2 Office, _ R-20 Residential ► r . South 4 . Pembroke Meadows Elementary School & '-�a Y Pembroke Meadows Park/P-1 Preservation & 4,4 ,, . R-20 Residential , r � - East r'' !!' e‘ h" Alfriends Trail 'Air` . - ` - / `~�•:\ . . ` ...,-` Single-family dwellings /R-20 Residential ` ' Eti_i.; f` West '' Cathedral Drive Offices,townhomes /A-12 Apartment Old Donation Episcopal Church Agenda Item 3 Page 1 Background and Summary of Proposal • The church is requesting a Conditional Use Permit for a Religious Use in order to renovate and enlarge the administration building from 15,669 to 30,625 square feet. The proposed improvements will include Sunday school classrooms, a library, office space and an assembly hall. There are no changes proposed to the historic church building. • The Old Donation Episcopal Church was built in 1736. In 1882, a fire left only portions of its brick walls standing. Restoration of the church was completed in 1916. Old Donation Episcopal Church is listed on the National Register of Historic Places (1972). • The Old Donation Episcopal Church Historic & Cultural Overlay District, of which the church is located, was established in 1974. The proposal was considered by the Historical Review Board at the January meeting. The Board deemed the addition consistent with the existing structures and with the Historical District, and as such, a Certificate of Appropriateness was issued. • The facades of the proposed addition to the administration building will match the 1990 addition on the northeast corner of the building. The facade will feature a Flemish Bond brick pattern with red bricks and black stretchers that will match the existing design. Jack arches over windows will match the existing four-course pattern. The proposed cornice will match the existing cornice. New windows will match existing double hung six- over-six and nine-over-nine grid patterns. The roof will match the dark asphalt shingles on the building and will be Royal Slate by GAF Slateline. • The church meets the parking requirements, as the church and Sentara Hospital entered into a shared parking agreement for use of the parking lot across N. Witchduck Road for evenings after 6:00 p.m., and on Saturdays, Sundays and federal holidays. • A required stormwater management facility will be addressed at site plan review. \",...N.F:\ R-10 241 10' R-20 1 +444, \ R 20 R-20 0-2* , %, ' Zoning History 2 # Request /... -'`' 1 Historic&Cultural District Established 04/08/1974 / 2 CUP(Hospital Addition)Approved 04/26/1994 �Q;� ( 3 CUP(Religious Use)Approved 05/11/2010 P1 +t 44. B A 12 �. ,1' ,- y�yy 1 , __ "/`y R.10 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 Old Donation Episcopal Church Agenda Item 3 Page 2 Evaluation and Recommendation It is Staff's opinion, as well as that of the Historical Review Board,that the proposed enlargement of Old Donation Episcopal Church's administrative building will complement the architectural design and historic character of the property. The proposal will not affect the continued compatibility of the religious use with the surrounding area. As mentioned previously, the church has adequate parking through a recorded agreement with Sentara Hospital for use of the parking lot across N. Witchduck Road. Based on the considerations above, Staff recommends approval of the Conditional Use Permit request subject to the conditions below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "SITE CONCEPT,OLD DONATION EPISCOPAL CHURCH,VIRGINIA BEACH, VA", prepared by Siska Aurand Landscape Architects, Inc.,dated April 27, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "NORTH, SOUTH, EAST &WEST ELEVATIONS, OLD DONATION EPISCOPAL CHURCH",prepared by Glave & Holmes Architecture, dated 12/13/17, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. Light primarily used for security purposes located on or in close proximity to the church building may remain on at any time, provided that the bulb of the light is shielded to not be visible from the property lines of adjacent properties and that the light be contained on the subject property. 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/DevelopmentServices 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 Departmentfor crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Old Donation Episcopal Church Agenda Item 3 Page 3 Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural resources associated with the site. The site is also located within the Old Donation Episcopal Church Historic and Cultural Zoning Overlay District. All projects proposed within the 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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic N.Witchduck Road No Data Available Existing Land Use 1 542 ADT Proposed Land Use 2-579 ADT las defined by a church with 2asdefinedbyachurchwith200 200 seats and a 15,000 square seats and a 30,000 squarefoot foot general office building general office building Public Utility Impacts Water &Sewer The site currently connects to City water and sewer service. Old Donation Episcopal Church Agenda Item 3 Page 4 Proposed Site Layout az a i ill II i• s = t O R .a'. V 1 ! f ¢ Q 2 S Wt s 6 A _ I I If I a T n 1 A \ 0 • t- - \ 0 \ ,. \ O -' 11)1t, ...„, '- .•,'"): "t-TN atf• , .:1.r.'". (.. ---- , ../..:. 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Witchduck Road District- Bayside Ms. Rucinski: Okay, the next item on the agenda is item number 3, Old Donation Episcopal Church, which is an application for a Conditional Use Permit, Religious Use on property located at 4449 North Witchduck Road, District 4 Bayside, is representative of this application here please? If you can state your name for the record and then give us an overview of your application. Bob Randall: Good afternoon, my name is Bob Randall. I am the rector at Old Donation Episcopal Church. Scott Crumley: My name is Scott Crumley, I am a member of Old Donation and I have also been on the building commission process for about three years. Thank you. Bob Randall: What we are trying to do is an expansion of our facilities to add meeting spaces for all of the various uses of the church and outside community groups. We opened the church to a various groups as well as boys scouts, cub scouts, Civic Leagues for various meetings and dinners and we have found ourselves growing over the last 10 years to the point where we just cannot do all the things that we need to do in the rooms that we have and so we are trying to add a great hall on one end and a few other 1 classrooms that will be meeting spaces on the backend of the facility, right now with no changes to the historic church building at all. We have been on the property since 1692, started in 1637 on the Lynnhaven River. We think that these changes are appropriate and actually will add to the value to the community as we are able to host more effectively both our own needs as well as the community needs that we serve, sir. Mr. Thornton: Thank you sir. Any questions for Robert Randall? Thank you. Standby, we have a person in opposition and we would like you to have an opportunity for rebuttal. Ms. Rucinski: We actually have three speakers for this application. The first one is in support, Scott Crumley, Robert Randall, that's you; okay so, our last speaker is in opposition is John Hutchinson. You can state your name for the record. John Hutchinson: John Hutchinson. Ms. Rucinski: And your opposition? John Hutchinson: Well, I have prepared a statement if I could read from there, so okay. Ms. Rucinski: Sure, and can you move the mike up and speak into the mike so that they can get you on the record, thank you. 2 John Hutchinson: Alright. I am the immediate neighbor of Old Donation Church as well as the property at 4357 Alfriends Trail for which Old Donation Church is seeking a Conditional Use for religious use. My family has a long history with this site, which I am trying to describe quickly. The property is connected directly to our own. My parents sold the property to Old Donation Church in the 1950s for the specific purpose of building a home for the Church administer and his family. My parents had no intention to sell that property prior to learning of the Church's needs for some land to build that home. The land was not in the market for sale and they would not have sold it for any other purpose and they certainly would have not sold if they could foresee what it was to become. During the 1980s, the Church underwent an expansion of its buildings and altered the areas landscape dramatically. During this project, the church responsible for having removed the property's primary dividing boundary marker, which have been a large drainage jets, which have run the full length of our two-separate properties. They did this without any warning or consultation with my family. In doing so, they eliminated what it been a very official means of preventing our low-line property from flooding during periods of heavy rains, it also protected us from privacy and encroachment issues, which we have dealt with ever since this removal. In the 3 1990s, the church minister and family vacated the red tree house. From that point to the present, the property and house were no longer used for the original purposes understood by my family who had provided them with that property. It became a meeting house for all men of groups ranging from narcotics synonymous to noisy church youth groups, all of which had been completely unaware of the property, property lines between our property and the church. My concerns for this development are based on a history of little consideration from the church with the impact of their continuing expansion on the quality of our, its only adjacent neighbor's, life. How this impacts our quiet neighborhood's noise level, parking considerations, drainage issues, and finally the value of my family's property. These are some of my concerns and I will appreciate your consideration of that. Thank you. Mr. Thornton: Thank you sir. Any questions of Mr. Hutchinson? Mr. Ripley: I have a question. So you are living right on that corner? Mr. Hutchinson: Yes. Mr. Ripley: Okay. Would a fence mitigate any of your issues? 4 Mr. Hutchinson: It would have depending on a nature of the fence, it's kind of a very ill-defined property line at the moment, probably involving the cutting down of some trees and all of that, so yeah, I would be open to that and I have discussed it with the church. I did want to go on record at this point to state these problems. Mr. Ripley: So the church team is willing to that? Mr. Hutchinson: I haven't spoken to anyone other than Bob Randall, the minister there. He had mentioned to their vestry I think, and we haven't gone any further than that. So I wanted to use this as a time to make it special, thanks. Mr. Thornton: Any other questions to the speaker? Thank you. No other speakers. Robert Randall you're welcome for quick rebuttal, sir. Edward Weeden: Just state your name for the record again. Bob Randall: Bob Randall from Old Donation Church the record, we have had long conversations over the years with John and it is true we have sometimes had people meeting in the house. We have limited and restricted which groups which are allowed to meet there now, and we probably did that about five years ago. The only groups that are meeting there right now are youth groups and other outside knitting groups that don't make much noise, so I think we have been working on mitigating some 5 of those issues but John and I are in conversation about either possibly buying his property from him, if that seems like the best solution for both of us or and we have offered to build a fence because that seem like, it could at least resolve many of the issues that I know we have had and I think we can maintain the property lines better if we have a good fence. So we are perfectly happy with doing that work, okay. Mr. Thornton: Thank you. Anybody have a question for Robert Randall? With no more questions, I thought somebody may have wanted to ask you something. With that we will close the public hearing and discuss it amongst ourselves or obtain a motion. David? Mr. Redmond: Mr. Chairman I move approval of the application. Mr. Wall: Before you do that, can we mention just a few things? Sir, I mean, few reasons why we want to approve it? And it's not necessarily that I am not opposed to at all, in fact, I want to approve that, I want to just say that you know the person in opposition, you know, the things that he brought up were not necessarily due to the expansion of the church or expansion of the building in the back. So there is a small addition in the back and an addition in the front and so I don't think that things are going to be aggravated by any issues that he may have at this point with the issue or the application that is before us, so I just want to stay, that's my point. 6 Mr. Thornton: Jan? Ms. Rucinski: I am just wondering since they are both agreeable if we can put a condition in there for the fence? Mr. Thornton: I would, would you Mr. Redmond? Mr. Redmond: I will b e reluctant to do that, let him talk at least first and don't be mean, you know, they seem like they are on a good path, so if we start adding, you know, conditions here that, a week ago that might have been a good idea, I think there probably in a good place right now. I just let them do their work. I frankly don't see any, the short answer to your question Jack as because I don't see any, any reason to oppose the application, this church has been here since 1730s, so a huge part of our community and this neck of the woods and the way I understood Mr. Randall, they are expanding their ability to do the large work, so I mean, I want to be, you know, respectful of that and they apparently have had greater discussions I think than we might have been aware of, I would be reluctant to start conditioning it, unless many request one. Mr. Chairman, if that's it, we don't want to add one but I think Robert has publically represented that he would put a fence, so it sounds like they are on the right path. 7 Mr. Thornton: Yeah, okay, so we have a motion, do we have a second? Commissioner Hodgson on the second. Call for the question please. 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 Edward Weeden: By a vote of 11-0, the commission has approved the application of Old Donation Episcopal Church. 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Old Donation Episcopal Church 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 Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 �♦ SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 3%g/I c j5 Jonathan Sanders ll❑e7 Old Donation Episcopal Church Agenda Item 3 Page 12 Disclosure Statement NiB 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:Old Donation Episcopal Church If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) See attached (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Old Donation Episcopal Day School See next page for information pertaining to footnotes1 and 2 ♦ SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Old Donation Episcopal Church Agenda Item 3 Page 13 Disclosure Statement NIB Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. See State and Local Government Conflict of Interests Act.Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship. other than parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT. EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Old Donation Episcopal Church Agenda Item 3 Page 14 Disclosure Statement \fi3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I I IX) Accounting and/or pre parer of f your tax return El I I Architect/Landscape Architect/ Siska Aurand Landscape Architects, Land Planner Inc.;Glave&Holmes Architecture ❑ Contract Purchaser(if other than Ixthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 111 ei purchaser of the subject property (identify purchaser(s)and purchaser's service providers) riContractors Scott Crumley nEngineers/Surveyors/Agents Crumley Group, Inc. Financing (include current n ix mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 11 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 Old Donation Episcopal Church Agenda Item 3 Page 15 Disclosure Statement Virginia Bt..;-.n CERTIFICATION: r 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 App ion.., (.24.444•1 Z- PAA N 1210,X17 PROPERTY OWNER'S SIGNATUREPRINT NAME DATE lJ __. .. Old Donation Episcopal Church Agenda Item 3 Page 16 Disclosure Statement Old Donation Episcopal Church-2017 Vestry Sharon Payne,Senior Warden Carol Gurioli,Day School Jeff Hood,Stewardship Rich Kuhr,Finance John Brown,Buildings and Grounds Vicki Dorsett,Congregational Care Laura Horvath,Parish Life Chip Saunders,Evangelism John Sherman,Building&Facilities Planning Process Michelle Stephenson-Galvez,Historic Traditions&Communications Holly Swanson,Christian Formation Bill Waide,The People's Warden&Outreach Eliza Aydar,Youth Representative Old Donation Episcopal Church Agenda Item 3 Page 17 C. ,J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEPHEN LEE ARONSON [Applicant] STEPHEN LEE & MARIE E. ARONSON [Property Owners] Conditional Use Permit (Outdoor Recreational Facility) for the property located at 937 Baja Court (GPIN 2414817317), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: March 20, 2018 • Background: The applicant is requesting a Conditional Use Permit for an Outdoor Recreational Facility for a batting cage that will be located in the rear yard in the southeast section of the parcel. According to the applicant, his young son is a talented baseball player, and would like to construct the batting cage to allow him to practice daily for up to 45 minutes. It has been standard practice to require uses such as batting cages, skateboard half-pipes and full basketball courts, that are proposed in a residential setting to obtain a Conditional Use Permit for an Outdoor Recreational Facility, as these uses have the potential to impact surrounding property owners. ■ Considerations: The proposed location of the batting cage on the east side of the home was selected as the adjacent neighbor to the east has provided a letter of support, while the homeowner to the west is opposed to the request. The recommended conditions limit the use of the cage to between the hours of 10:00 a.m. and 7:00 p.m. Staff has received nine letters of support and two letters of opposition from the surrounding property owners. There was one speaker in opposition at the Planning Commission public hearing who noted concerns related to the amount of time that the cage would be used daily, and the potential for others to use the cage as well. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0. Stephen Lee Aronson Page 2 of 2 1 . The batting cage shall be located and constructed in substantial conformance with the submitted layout and photograph shown in this Staff Report on pages 4 and 5. 2. Use of the batting cage shall be limited to the hours between 10:00 a.m. to 7:00 p.m., daily. 3. The batting cage shall be disassembled and stored from November 30th to March 1st and during periods of inclement weather. 4. The applicant shall maintain the existing six-foot high privacy fence along the rear property line. 5. Subject to Section 221 (k) of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval, shall be performed by the Planning Director or his designee. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart entlAgency: Planning Department , ,,,f qii,City Manager. Applicant Stephen Lee Aronson Agenda Item Property Owner Stephen Lee & Marie E. Aronson Public Hearing February 14, 2018 c rry .i City Council Election District Princess Anne 6 Virginia Beach Request ''�~ '"� Conditional Use Permit(Outdoor Recreation 191/4 Facility (Batting Cage)) Staff Recommendation 1 `'°. Approval cM""bR.isc,th Staff Planner i Robert Davis 71*ZsNisio( Location a 937 Baja Court ` ` GPIN + 2414817317ilo Site Size 4,, 15,357 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers 4? F-,: .'- a - ''4t,t • , '". Existing Land Use and Zoning District , p1 , • Single-family dwelling /R-15 Residential . 0+ '. �`` Surrounding Land Uses and Zoning Districts .* y North .--;F, Baja Court c ' - r -.' '� 4.1 Single-family dwelling /R-15 Residential =-_ 1 a ' , - South ' . E ,` s Single-family dwelling /R-15 Residential it ' T >' , East - 4. °`��� Single-family dwelling /R-15 Residential 1;r �t -11,—ilk.., ..1 r West 7r. 4 �:/` Single-family dwelling /R-15 Residential • ;;. _i. `�►J Stephen Lee Aronson Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for an Outdoor Recreational Facility fora batting cage that will be located in the rear yard in the southeast section of the parcel. • The applicant's son is a talented young baseball player who needs to practice batting 30 to 45 minutes per day. • There is an existing six-foot high, solid wooden privacy fence along the southern, rear property line. A four-foot high picket fence exists along both of the side property lines (west and east). • According to the application, the batting cage will be 50 feet long X 10 feet high X 10 feet wide, and is proposed to be installed along the eastern property line. Typically, his son practices and/or receives instruction between the hours of 10:00 a.m. to 8:00 p.m., daily. • The applicant has contacted the adjacent property owners, explaining his request and the need for the Conditional Use Permit. Letters of support from four surrounding property owners have been provided by the applicant, including the neighbor adjacent to the east where the batting cage is proposed. • The applicant has also informed Staff that he is aware of opposition from two of the adjacent neighbors located to the west and to the south. �CQry l t 0 R-15 r% °%0,r • No Zoning History to Report R.1s �l. s c Moa l'' ., Can.R.a SoWI R-15 R 1`' R.15)1-'-' / i 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 Stephen Lee Aronson Agenda Item 6 Page 2 Evaluation and Recommendation The proposed Conditional Use Permit for an Outdoor Recreation Facility for a batting cage for the applicant's personal use is, in Staff's opinion, acceptable. The proposal is similar to a request for a batting cage in the Landstown Meadows neighborhood which was approved by the City Council in 2001.The proposed location of the batting cage on the east side of the home was selected as the adjacent neighbor to the east has provided a letter of support, while the home owner to the west is opposed to the request. The existing home will provide a physical barrier, and therefore a sufficient screen, to the property owner to the west. The house also aids in screening the batting cage from the public right-of-way. The existing six-foot, solid privacy fence along the rear property line also provides screening for the property to the south. As proposed, there is a deficiency in meeting the five-foot side yard setback for the "structure." The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i) of the Zoning Ordinance. This section allows City Council to grant deviations from required setbacks if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation to this requirement will not adversely impact the adjacent property, particularly given that the adjacent property owner provided a letter of support and that the batting cage can be easily disassembled. Staff does recommended that an annual review of the Conditional Use Permit be performed by the Planning Director to ensure compatibly with the neighborhood. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. The batting cage shall be located and constructed in substantial conformance with the submitted layout and photograph shown in this Staff Report on pages 5 and 6. 2. Use of the batting cage shall be limited to the hours between 10:00 a.m. to 7:00 p.m., daily. 3. The batting cage shall be disassembled and stored from November 30th to March 1St and during periods of inclement weather. 4. The applicant shall maintain the existing six-foot high privacy fence along the rear property line. 5. Subject to Section 221 (k) of the Zoning Ordinance, an annual review of the Outdoor Recreation Facility Conditional Use Permit, based on the date of City Council approval, shall be performed by the Planning Director or his designee. 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. Stephen Lee Aronson Agenda Item 6 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 The site is located in the Southern Rivers Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Stephen Lee Aronson Agenda Item 6 Page 4 Proposed Site Layout ti BAJA COURT '` , Existing 4-Foot Fence Proposed Location of Batting Cage ,„\\\ Existing 6-Foot Solid Fence � 4 Stephen Lee Aronson Agenda Item 6 Page 5 Proposed Batting Cage =-- _. • • • i - 4 : '-:: J. •`,t r ' ft r 1.. t, ---- -F P•-�... -fes Stephen Lee Aronson Agenda Item 6 Page 6 Site Photos • 4 -. Li • .4,1... ...., ' ' .-. •- . lt 44.6...•'7.- ..„ . t It 41,P. X •-. " -- ....o., O." • -.,.: • .N1, ., .4 - ....•:,,, •A • li •• . / '6'4 -' *.• A 5./ . ' ' J.. ' ) r‘-'14` • . ... . a'AS''. '.-iaaLLI..-at'. / Ifil•-.9' '- . At -, • I. 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Stephen Lee Aronson Agenda Item 6 Page 7 ..,., • — — Disclosure Statement 1 APPLICANT'S NAME Stephen Lee Aronson 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 I Investment Program Changes Exce•tion for (EDIP) Board of Zoning Encroachment Request Rezoning A. •eats Certificate of I Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board X 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 E.It Y USF ONLY/ASI dIsclosu'es rr.;:.. Page 1 of 7 "idnt:rlq Co rn Rl55;0!'.and C j Co niil meet'.' O APPLICANT NOTIFIED OF HEARING J Q i I ® NO CHANGES AS OF O3�'o OW i?/ Robert A.Davis ▪ REVISIONS SUBMITTED Stephen Lee Aronson Agenda Item 6 Page 8 Disclosure Statement q\B 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:Stephen Lee Aronson 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 t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Ei 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: Stephen Lee& Marie E. Aronson If an LLC, list the member's names: Page 2 of 7 Stephen Lee Aronson Agenda Item 6 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner. (Attach list if necessary) 1 "Parent-subsidiary relationship means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code g 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship. other than parent-subsidiary relationship. that exists when (i)one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Stephen Lee Aronson Agenda Item 6 Page 10 Disclosure Statement APPLICANT \hginia Beach YES NO SERVICE PROVIDER(use additional sheets it needed) ❑ ® Accounting and/or pre parer of your tax return Architect/ Landscape Architect/ Land Planner 111Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property LJ (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ /` Engineers/Surveyors/Agents Financing (include current Wells Fargo • ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers / Agents/Realtors for current and 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 Stephen Lee Aronson Agenda Item 6 Page 11 Disclosure Statement NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicaiio 3 5ke � l Aro�1r TS slt'NATURE PRINT NAME DATE Paae S of 7 Stephen Lee Aronson Agenda Item 6 Page 12 Disclosure Statement OWNER 'Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) I 1 Accounting and/or preparer of I 1 your tax return n �( 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) • XCConstruction Contractors • nEngineers/Surveyors/Agents Financing (include current Wets Fargo ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ r7 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 Stephen Lee Aronson Agenda Item 6 Page 13 Disclosure Statement VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applic iori. — r ,li AI/LICS SIGNATURE PRINT NAME DATE Page 7 of 7 Stephen Lee Aronson Agenda Item 6 Page 14 Item#6 STEPHEN LEE ARONSON Conditional Use Permit—Outdoor Recreation Facility (Batting Cage) 937 Baja Court District 7 - Princess Anne Mr. Rucinski: Okay, the next application on the agenda is application number six, Stephen Lee Aronson, is an application for conditional use permit for outdoor recreation facility on property located 937 Baja Court, district 7, Princess Anne. Stephen Aronson: Thank you very much. My name is Stephen Aronson. This is my son Shaun. He is a 13-year-old middle school student. He is going to be entering high school next year. He has been playing baseball since he has been four years old and he has been playing baseball pretty much 12 months out of the year, training and he is a pretty gifted player. We decided that we wanted to build a temporary cage for him to help him be a better player, you know, it's almost like more homework I suppose, but the cage that we want to build is a again a temporary cage, which will be actually constructed sometime in March and actually taken down at the end of the February. It is not going to be cemented, it will be easily taken down, the netting is like fish netting, so it will not make any kind of racket or noise and it will be on the side of the house of just opposite of the opposition that I am actually receiving. The person on that side of my house has given us a letter of support for actually putting up the cage, so it would be about a 10 x 50 cage 1 and it's just to help him to become a better player, prepare him, maybe to get a scholarship to go to college as well. So this is why we are actually putting up the cage and we also want to protect the other properties from the ball, actually flying in the other yards or anything like that. That's pretty well it. Mr. Thornton: Any question for Mr. Aronson? Thank you sir. Ms. Rucinski: Okay, we have one speaker in opposition and that's James and Genie Cornish. You can state your name for the record when you come to the podium. James Cornish: Thank you, members I am James Cornish. I live at 941 Baja Court, it's a property adjacent to the west the consideration here and I startup, I am saying that with the proposal as it has been submitted, it's a little bit different and what I was originally led to believe it would be and the movement of this cage to the opposite side of the Aronson's home really takes out of play many other concerns that I had developed about their intention originally. In looking at the proposal and the conditions that are being recommended there were just two points that I wanted to make there in the proposal itself. It indicated that the batting cage would be used by the Aaronson's son solely and for practicing 30 to 45 minutes a day, what I would like to suggest is that those 2 conditions be added into the recommended conditions, which would limit who can use that cage and how much time during a particular day that would be in use. Mr. Thornton: Okay, thank you, we will consider that when we deliberate. James Cornish: Okay. Mr. Thornton: Thank you. Ms. Rucinski: There are no other speakers. Mr. Thornton: So Mr. Aronson you have a moment for rebuttal if you chose? Mr. Aronson: Is it going to be any kind of rebuttal since, oh, I am sorry. My name is Steven Aronson. Again I am going to be the one putting up the cage. In terms of practicing 35 to 45 minutes, one of the things that we will not be doing is letting him use it at night, so we don't want to disrupt our neighbors or anything from, you know, going to sleep or doing the things that they would do at night. This is more or less for him to practice during the daytime and it is again just a support him with his travel baseball program, it is specifically designed for him to practice, it's not about having a team coming over and practicing because I am not a coach, I guess 3 I can coach my own son that's about all I can do, so in terms of what we are using this cage for, it's just for personal use for my boy. Mr. Thornton: I have one question for you, this is a batting cage? Mr. Aronson: Yes, it is sir. Mr. Thornton: Does he use an aluminum bat or a wooden bat? Mr. Aronson: We use both. Mr. Thornton: So the aluminum bats can be a little noisier than wooden bat, is that have you considered that? Mr. Aronson: Yes, I have. With the aluminum bat, since he is going in the high school, it's more of a composite bat than it is an aluminum bat, so won't make that kind of noise that you would expect from an aluminum bat. Mr. Thornton: Okay, at that thought,just got across my brains. Mr. Aronson: It's composite, which is not as loud. 4 Mr. Thornton: Any other questions? Okay Karen. Ms. Kwasny: We do have a condition in here that you are limiting the hours of play so to speak from 10 until 7, correct? Mr. Aronson: That is correct. Ms. Kwasny: The opposition stated that I think he mentioned that he wanted you to add a condition limiting players to your son or the number of players, and you are simply stating that it's primarily for your son, correct? And there really is not room for a bunch of them to be doing this at the same time. Mr. Aronson: No, of course, not , especially when it's only going to be a small cage, so it's for a personal use for my son, it never was meant to have other kids come over and practice, maybe one friend but that's about, you know, all you are going to get. Ms. Kwasny: Wouldn't it be normal for kids to just congregate there? Mr. Aronson: No, because in my neighborhood, in my part of the neighborhood, there are no kids. He is the only child in that part of the neighborhood on that cul-de-sac. 5 Ms. Kwasny: So the shape and size of it? Mr. Aronson: Will be a trapezoid. Ms. Kwasny: And he practices primarily in private for his own good. Mr. Aronson: As I am throwing to him, that's pretty well it. Mr. Thornton: Any other question? Can I see another hand? Mr. Hodgson: One question, just maybe thinking, are you going to have a pitching machine, or you are going to be the pitcher? Mr. Aronson: No, I don't plan on having a pitching machine, but what I do want to get is like one of those, don't even how to spell it or they call it a guard, where I am actually standing behind it, so I don't get hit in the head, sorry, it happened once before, so I don't need to have happen again. 6 Mr. Thornton: If he connects with the ball really well, it wouldn't have far to go. Mr. Horsley: You know, you might well invest in a pitching machine [Laughs]. Mr. Aronson: Someday maybe, when he gets maybe older, you know in his high school years, but right now by using a pitching machine at his age at 13 years old, you really don't want something been thrown that hard, you know, when you get up to 80 or 90 miles an hour, you know, when you are in your senior and junior year and this is a temporary cage, it's only going to last five years, because once he leaves, the cage goes down and so the somebody else. Mr. Thornton: Okay, thank you sir. With that, we will close the public hearing and yes,Karen. Ms. Kwasny: I would like to make a motion to approve the application. Mr. Thornton: Okay, we have a motion to approve. Mr. Horsley: I will second. Mr. Thornton: Seconded by Don. 7 Mr. Weiner: Excuse me Mr. Chairman, before we do, can I ask a question to staff seriously you have to get a conditional use permit for a little cage like that, I mean outdoor recreational facility makes it sound like half a dozen tennis sports. I mean that little thing requires a conditional use permit, you don't have the extra protection; you can just play baseball in your backyard,but seems weird. Carolyn Smith: It may seem weird, but we, the Zoning Administrator determined some years ago that certain facilities, for lack of a better word, that have the potential to be a nuisance or have concerns to adjacent property owners or surrounding property owners that they fall into that category and skateboard, full half pipe skateboard ramp is one of those, so you have seen several those and at least one of these in the past. Dave Redman: That's seems very strange to me, I want to make one last comment, I promise won't be long and that is I certainly foresee, you know, the possibility that this young man might want to have a friend over here in the baseball cage, I mean the idea that you would limit it to himself, you know, only himself, it's sort of just absolutely silly, so any way, thanks. 8 Mr. Thornton: Thank you, we have a motion and we have a second and we are ready for the 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 the vote of 11-0, the commission has approved the application Mr. Thornton: Thank you. Call the next item please. 9 rS� yi i,, ..\ q7 r., CITY OF VIRGINIA BEACH AGENDA ITEM 1 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 [ALTERNATIVE 1] MEETING DATE: March 20, 2018 ■ Background: City Council conducted a workshop to discuss short term rental regulations on March 13, 2018. At the conclusion of the discussion, City Council proposed that all short term rental ordinances scheduled for consideration on March 20, 2018 be Deferred for 60 days. The vote to defer these items shall be considered on March 20th. 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, City of Virginia Beach —Alternative One Short Term Rental Ordinance Page 2 of 3 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. 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. Planning Commission considered short term rentals during their February meeting. Planning Commission did not support the use of Conditional Use Permits in regulating short term rentals. A motion to recommend denial of the use of an overlay district was passed by Planning Commission. City of Virginia Beach —Alternative One Short Term Rental Ordinance Page 3of3 • Recommendations: Staff defers to the Planning Commission. Planning Commission passed a motion by a recorded vote of 11-0 to recommend denial of this agenda item. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinances Recommended Action: Staff has no recommendation. Planning Commission recommends Denial. City Council Action: City Council plans to Defer this item for 60 days. Submitting Depa ent/Agency: Planning Departmen,- ' City Manager: 41BApplicant City of Virginia Beach Agenda Items Public Hearing February 14, 2018 Short Term Rentals ( rel DI. 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 This item was deferred at the December Planning Commission meeting to allow for further consideration. Since that meeting, the Planning Commission held two workshops (January 24th and February 7th).During these workshops, the Planning Commission discussed the proposed options for short term rental regulation, including the implementation of an overlay district, the use of"grandfathering," and requiring a conditional use permit. Several key issues dealing with regulation were discussed at length and are listed below. • Occupancy limitations for short term rentals; • Number of rental contracts permitted in a seven day period; • Accommodation of off-street parking and parking requirements; • Insurance requirements; • Permitting of larger (special) events; and • The accessibility and availability of an emergency contact. Based on the discussions at these workshops, Planning Commission does not have an official direction prior to the creation of this staff report. Recommendation Staff has no recommendation regarding this agenda item at this time. City of Virginia Beach Agenda Item D1 Page 1 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 Shore Drive Corridor Overlay District. 43 following overlay districts: 44 45 al Shore Drive Corridor Overlay District ("SD"); 46 47 (2) North End Overlay District ("NE"); 48 49 (3) Old Beach Overlay District ("OB"); 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 4S-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 (a2) There is hereby established the North End Overlay D;st-rict..-Susi-district 64 shall be designated on the official zoning map by the notation "(NE)" following the 65 designation of the underlying zoning district. As an-illustration, property lying within the 66 North End Overlay District and the R 5R Residential Resort District shall be designated 67 on the official zoning map as having the classification "R 5R(NE)." 68 69 (a3) There is hereby established the Old Beach Overlay District. Such district 70 - e e e e- -- - --'-e - - e _ . _ • „ e „ e _ _ -- • 71 e e - •e• e - e e e e e - • A - • - - - •, e ee • • _ Z -. .- 72 • - 72 • _ ,. - e - -- - ` - - '- - " ' •- - - e - - e - 73 official zoning map as having the classification "R 5D(OB)." 74 75 (al) There is hereby established the Historic Kempsville Area Overlay District. 76 - -- e - - e - - e e - e • - - e-•-e • - - e e . •_ • „ _ „ • • 77 e e - - - - - • e - -e - e e e e - • A - - - e ee • •- 78 the Historic Kempsville Area Overlay District and in the B 2 Community Businesv 79 ,. - - e e - e e - - e - - - - - - - - • -- •- "_ 80 2(HK)." 81 82 _ _ - - • - - . e • --e -- e - - -e - • a a . .. . . - - - 83 district shall be designated on the official zoning map by the notation "(WF)" following 84 the designation of the underlying zoning district. As an-411property in the B 1 85 -e - _ .. - -e •" e e - -e- • e ! _ . - - •- - - - 86 the official zoning map as having the classification "B 4(WF)." The Workforce Housing 87 Overlay District shall be limited to property located within those areas of the city 88 designated in section 2103 of this ordinance that has been rezoned to incorporate the 89 Workforce Housing Overlay District as an overlay to the underlying zoning classification 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. This term also includcs 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. Adjudicated 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 9. 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.A11 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 31-28; 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.All 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 I 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 PPPPP P P PP P requirements of section 209.6 Short term rental C C C C C C CCCC Short term rental within the STR PPPPPP PPP 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 I A-12 IA-18 1A-24 1A-36 Home sharing meeting the requirements of section 209.6 PP PP Short term rental CC CC Short term rental within the STR Overlay District PPP 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 (3) 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 B- B- B- B- B- B- B- Use 1 1 A 2 3 4 4C 4K Home sharing meeting the requirements of section 209.6 X X X XP P P . . . . I ii I 9 Short term rental X X X XC C C Short term rental within the STR Overlay District 1, XIX 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; aid 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-:1 371 372 (6) 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; a-Rd 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 (8) 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..-i 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 (5) 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 l - Home sharing meeting the requirements of section 209.6 P Short term rental C Short term rental within the STR Overlay District I 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 All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes LODGING Home sharing = L = = L L L = See Sec.209.6 meeting the requirements of section 209.6 Short term rental = c = = C C C _ See Sec.241.2 Short term rental = See Sec.241.2 within the STR Overlay District 513 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. 14 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning D• partment City Attorney's Office CA14135 R-10 November 2, 2017 15 pNu BEA?,;), 5.1 CITY OF VIRGINIA BEACH AGENDA ITEM I 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: March 20, 2018 • Background: City Council conducted a workshop to discuss short term rental regulations on March 13, 2018. At the conclusion of the discussion, City Council proposed that all short term rental ordinances scheduled for consideration on March 20, 2018 be Deferred for 60 days. The vote to defer these items shall be considered on March 20th. 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. Planning Commission did not support the use of an Overlay District or of Conditional Use Permits to regulate Short Term Rentals. • Recommendations: City Staff defers to Planning Commission. The Planning Commission passed a motion by a recorded vote of 11-0, to recommend denial of this request. City of Virginia Beach —Short Term Rental Overlay District Page 2 of 2 ■ Attachments: Staff Report Ordinance Recommended Action: Staff has no recommendation. Planning Commission recommends Denial. City Council Action: City Council plans to Defer this item for 60 days,..„ A Submitting Depart n • •ency: Planning Department I City Manager: • Applicant City of Virginia Beach Agenda Items Public Hearing February 14, 2018 D� & D3 Short Term Rental Overlay District Virginia Beach Requests Item D1: 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 D2: 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 This item was deferred at the December Planning Commission meeting to allow for further consideration. Since that meeting, the Planning Commission held two workshops (January 24th and February 7th).During these workshops, the Planning Commission discussed the proposed options for short term rental regulation, including the implementation of an overlay district, the use of"grandfathering," and requiring a conditional use permit. Several key issues dealing with regulation were discussed at length and are listed below. • Occupancy limitations for short term rentals; • Number of rental contracts permitted in a seven day period; • Accommodation of off-street parking and parking requirements; • Insurance requirements; • Permitting of larger (special) events; and • The accessibility and availability of an emergency contact. Based on the discussions at these workshops, Planning Commission does not have an official direction prior to the creation of this staff report. Recommendation Staff does not have a recommendation regarding these agenda items at this time. City of Virginia Beach Agenda Items D1 & D2 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 enjoyment 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 subject 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) Subject 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 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 'anning Department Ci Attorne ' •ffice CA14136 R-3 February 15, 2018 2 I U 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: March 20, 2018 • Background: City Council conducted a workshop to discuss short term rental regulations on March 13, 2018. At the conclusion of the discussion, City Council proposed that all short term rental ordinances scheduled for consideration on March 20, 2018 be Deferred for 60 days. The vote to defer these items shall be considered on March 20th. 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 Staff's evaluation are provided in the attached Staff report. Opposition was present at the public hearing. Planning Commission did not support the use of an overlay district or of Conditional Use Permits to regulate Short Term Rentals. • Recommendations: City Staff defers to the Planning Commission. The Planning Commission passed a motion by a recorded vote of 11-0, to recommend denial of this request. • Attachments: Staff Report Ordinance City of Virginia Beach — Short Term Rental Overlay Map Page 2 of 2 Recommended Action: Staff has no recommendation. Planning Commission recommends Denial. City Council Action: City Council plans to Defer this item for 60 days. Submitting Dep• me t/Agency: Planning Department City Manager: Applicant City of Virginia Beach Agenda Items Public Hearing February 14, 2018 D� & D3 Short Term Rental Overlay District Virginia Beach Requests Item Dl: 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 D2: 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 This item was deferred at the December Planning Commission meeting to allow for further consideration. Since that meeting, the Planning Commission held two workshops (January 24th and February 7th).During these workshops, the Planning Commission discussed the proposed options for short term rental regulation, including the implementation of an overlay district, the use of"grandfathering," and requiring a conditional use permit. Several key issues dealing with regulation were discussed at length and are listed below. • Occupancy limitations for short term rentals; • Number of rental contracts permitted in a seven day period; • Accommodation of off-street parking and parking requirements; • Insurance requirements; • Permitting of larger (special) events; and • The accessibility and availability of an emergency contact. Based on the discussions at these workshops, Planning Commission does not have an official direction prior to the creation of this staff report. Recommendation Staff does not have a recommendation regarding these agenda items at this time. City of Virginia Beach Agenda Items D1 & D2 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 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Dep.rtment City Attorney's Office CA14137 R-2 February 15, 2018 Item D1 City of Virginia Beach 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 D2 City of Virginia Beach 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 D3 City of Virginia Beach An Ordinance to Amend the Official Zoning Map by the Designation and Incorporation of Property into Short Term Rental Overlay District Ms. Rucinski: Okay, next application I am sure nobody is interested in that is for the city of Virginia Beach and I am going to go ahead and read all of these for the record right now. And D1 is the city of Virginia Beach and an ordinance to a amend section 102, 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the city zoning ordinance and section 5.2 of the Ocean Front 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. D2 is the city of Virginia Beach ordinance to add article 23 consisting of sections 2300 through 2303 short term rental overlay, rental district to the city zoning ordinance establishing regulations and requirements pertaining to short-term rentals. D3, the city of Virginia Beach and ordinance to amend the official zoning map by the design and incorporation of property into short-term rental overlay district. 1 D4, the 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 Ocean Firm Resort District Form Based Code and adding sections 209.6, 241.2 of the city zoning ordinance pertaining to the definition requirements and the use of home sharing and short term rentals. D5 is the 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 Ocean Front Resort District Form Based Code and add sections 209.6 of the city zoning ordinance pertaining to the definition requirements and the use of home occupation short term rentals. Here we go. Unknown Speaker: Well done Jan. Ms. Rucinski: So we have a few speakers in regards to this. Mr. Thornton: Before the secretary starts to call speakers, I want to say couple of things. Number one, thanks for all the public comment and interest in this matter. There are two of us on this council for seven years and there are several that had been on it for double digit years and I am not sure we have had anything that has been this interesting and engaging to deal with, not even the comprehensive plan reached this level of interest. So I want to thank everybody for participating in the public process. The second thing, I really want to emphasized is when you are called to come and speak, there are two buttons on, two little lights on that left turn and one is yellow that 2 blinks and red is blinks and the one tells you, you have a warning and the other tells you it's time to leave the podium. So I want to really enforce that because we have got, we could have as many as 40 people speaking today, so we need to honor everybody's time. The other piece of it is if somebody has said over and over and over and over and over what you want to say, keep it short. One of things we are all ADD people and we after a while we just cannot process anymore data, so if you have got a new thought and new idea, something that we have not heard, please share it with us, but if it's the same stuff over and over and over, we need to ask you to honor that. So with that being said, thank you for coming here today and at the end of the day, at the end of our hearing today, it is our desire to make a recommendation to council on and then changes to these ordinance agenda so eloquently red. If you got to bear with us a little bit, because there is some procedure that we have to do that we need to get from Kay Wilson to make sure we are doing it right and so with that, we are going to get started on the public hearing process of this and when she calls your name, please come to the podium and again state your name for the record and let us know what do you think. Ms. Rucinski: Okay, I have divided these cards up. We will start with those who are in support, there are some people who didn't mark support or opposition. So we will let you speak in the middle and knows this have indicated opposition we will and with those. So the first one I have is Jim Moffat. Jim Moffat: Thank you. We would like to thank the planning commission for taking 3 this time. Edward Weeden: You need to state your name for the record. Jim Moffat: Jim Moffat, Sandbridge realty and we would like to thank the planning commission for taking the time to research this very important matter, but also like to thank you for having your own planning commission version of the ordinance draft. In previous planning commission sessions and workshop, many comments were made concerning number seven under the short-term rentals. It was discussed that three adjudicated violation in one year may result in revoking registration. Without much discussion, it changed from one year to two years in the last workshop. We feel that the one year is acceptable and that the two years would be an undue burden to the home owner. The idea was to have a means to shut down a house that would have consistent complaints. Kay Wilson said it best that you can have one violation in February, one in March, one in April, three convictions could easily occur in a year's time. There needs to be some clarification for number six, those signage should be on the side except of one foot by one foot sign. All properties have names in Sandbridge and many owners spent thousands of dollars with artist to develop name signs for their property and we just want to make sure that this would not be included in this part of the sign ordinance. I know that was discussed in the briefing today, but it is not listed anywhere in the ordinance. Last year, when we are dealing with short-term rentals in the actually at in Richmond and it was SB-1578, it was very clear that the commissioner of 4 insurance from the state of Virginia that the state should not be setting 5 insurance of minimums for liability insurance. It was a job of a license insurance agent to determine the liability insurance. It was needed with the home owner. The commissioner of revenue of Virginia Beach understood that from those meetings and liability insurance minimums was not included in his short-term registry ordinance that we have now. We asked that you leaving the proof of liability insurance and remove the 500,000 minimum under point 11. I don't believe it's fair to a condo owner or someone who rents the property only in the summer months to carry that much insurance when it's not necessary. I believe your task was to regulate short-term rentals in Virginia Beach not restrict the owner from running their property. We filled the changes we have requested, we will make the ordinance more fair and consistent for all parties. After all these years of short-term rentals, it is time that City Council allow short-term rentals as principal use. Somebody in opposition say that short-term rentals will destabilize all neighborhoods in Virginia Beach. This is so far from the truth by using Sandbridge, as an example for the last 75 years dealing with short-term rentals where half the properties rent their homes. To be clear, we don't want conditional use permits, nor that we want grandfathering. I believe you have changed alternative three and I want to make sure that the people that are here today understand and would stand up in support of alternate three with the changes suggested, so those who are in support of the alternate three, I would like to them stand up, so we 6 want to make sure you are clear the amount of people who are here during that because they may not be able to speak during this time. Mr. Thornton: I was going to ask if they all were going to now yield their floor time? Jim Moffat: I hope not. Thank you. Mr. Thornton: Thank you, thank you. Any questions for Mr. Moffat? Thank you sir. Ms. Rucinski: Okay, our next speaker is Jack Drescher. Thank you, names are challenging enough but sometimes it's the writing makes it little harder. Jack Drescher: I apologize for my handwriting. Mr. Chairman, madam vice chair, and members of the commission, I am Jack Drescher. I am the immediate past, underscore past president of Virginia Beach Civic League and I am here on behalf of obviously the Civic League in support of what I believe is planning commission alternative three which I think, if I am reading it correctly was the same one that you came out of the workshop last Tuesday. Mr. Thornton: Similar. Jack Drescher: Okay. We made our decision in support and looking at the work that you did last Wednesday so let me just summarize it briefly more so for the benefit of the audience so that they understand were the Civic League is on this. I submitted to you a written proposal setting forth a very exclusive detail exactly what we felt should be done and we feel like you have come back and have struck the proper balance between privacy rights 7 and residential character of the North End, and frankly the residential character of all neighborhoods throughout the City of Virginia Beach. Sandbridge is a little different and while I appreciating Mr. Moffat's view where Sandbridge is concerned, he wishes a task to cover all residences throughout the entire city and zoning is very important and where there is a tipping of the scales in favor of one side or the other, it is our view that it ought to be toward the residential quality of the neighborhood. You may recall that we asked that a conditional use permit be required of all non- home sharing short-term rentals. We feel like you have struck the balance by taking that out of the equation. We think that that would be overly burdensome on short-term rental owners. We think that the registration process with the commission of revenue will satisfy whatever you need. I mean Mr. Calam Keshew don't know and perhaps I am being repetitive here, he has a software program that can actually track virtual online rental platforms and find out who is actually running short-term rentals in the neighborhood. So with that registry applicable to both home sharing and short-term rentals, we think you have covered the issue without the need for conditional use permit. Briefly going over the other aspects of this, we like what I will call the three strike to your rule, pre-adjudications of wrong doing could cause with a consecutive two-year timeframe. The revocation of the registration permit, contrary again that what Mr. Moffat said, and I am lawyer by trait albeit retired, a lawyer can continue cases and push things off and you may not have three adjudications in one year 8 even though, the actual issues himself occurred during that year. So we feel like that two-year period, yes you have enough read it to cover everything that you need. We particularly like your parking plan outlined leaving that to the zoning commission. I mean zoning department where they will actually approve on a case by case basis is a parking plan, I mean all lots are not the same, Sandbridge lots are not the same as those are in North End, and North End lots are not as the same as in Bay Colony. So the zoning department head in our view will have the better opportunity to look at it and see what will work and what will not. The noise restriction, the traffic restrictions, the telephone number of a responsible party we like, we think that that appropriate across the board, the signage issue does not cause us any heartburn. Even possible city violations being posted within the dwelling, refuge provisions, the proof of liability insurance, we like the one million dollars, we want to come back to that momentarily and we particularly like the maximum number of person on the property after 11 p.m. and before 7 a.m. It shall be three people per bedrooms plus two; we think that that's an appropriate limitation. Let's talk briefly about insurance. I can appreciate what Mr. Moffat said with respect to the cost of insurance to a particular home owner or someone who owns, either is a home sharing situation or a short term rental but if you are going to engage in commercial activity, which running a property is by any definition then you should have adequate insurance, as a lawyer by trade and one who tried cases for 40 years, most of them personal indications, I can tell you 9 that a necessary amount of insurance is going to be absolute paramount because these are not hotels where you have all kinds of zoning restrictions and building restrictions on a hotel by hotel basis. These are individual homes and all of them are going to be different, so it should be left between the home owner and his mortgage company and of course if he decides he wants to rent that property either on a short-term basis or otherwise, he is going to have to pay insurance to protect those who might be injured there on that property by causes that he may actually not even be aware of. So we like the one million dollar insurance. The one thing that we do take issue with you about is the rental contract for seven consecutive days. The outline of what you decided last week would indicate that you want to have two rental contracts, you would limit it two per seven day period. We think that there is attention there between commercial use and residential quality of the neighborhood. It is a position of the Civic League that by allowing a short-term rental of more than two contract per seven day consecutive period, tips the scale in favor of commercial activity and we prefer that it would be those scales be tip backed towards the residents we feel like 52 contracts a year is more than adequate. So that's our position. I did not take my allotted ten minutes, so I am going to be congratulated for that. Mr. Thornton: We thank you more than we can. Any questions for Mr. Drescher? Thank you sir. Jack Drescher: Thank you. 10 Ms. Rucinski: Our next speaker Joan Davis. Joan Davis: My name is Joan Davis and I am past president in Sandbridge Beach Civic League for seven years. I am also a paramedic for the Sandbridge Beach Rescue Squad for 30 years and current president of the Rescue Squad. Sandbridge has been a very successful resort community for over 60 years. The proposal in front of you today totally almost skips the original intent dealing with events to implementing controls on our homes and placing undue restrictions on our personal property rights. It was more from the [Inaudible] [01:59:22] to home sharing, to Airbnb and to short-term rentals. You have come a long way by dividing the individual pieces and we really appreciate your time, your thoughts, and your efforts in this process. Placing event homes and short-term rentals; placing event homes into separate category is a major step for all of us. The only thing left us to make Airbnb separate for the short-term rentals. One size does not fit all. We currently having a 5 mile stretch of beach over a 900 short-term rentals in Sandbridge. That's over half of the rentals the entire city states that they are registered. We have always going to short-term rental community. As a matter of fact, the City-wide website advertises us as a vacation destination. The fact is Sandbridge is only approximately 28% full time residents. We are not Airbnb. The Citywide website one more time advertises us as a destination location for vacations. Our surplus taxes apply this city with over 16% of the entire tax pays. We pay for our own sand replenishment. The city has a free public beach that are tax 11 dollar pay for; it does not come out of the city funds. With the news stating that Hampton Roads is below the unemployment level while jeopardize our thriving local economy and thousands of jobs. By implementing these harsh ordinances, we are being held to a higher standard than our neighbors. Sandbridge has approximately a 1000 public parking places. We have three public bathrooms, Back Bay National Wildlife, False Cape State Park, and Little Island Park. So what is normal traffic in a residential neighborhood? You can see our pictures there that's our normal traffic. In eight months of the winter, it goes down, but in the summer, it will take you close to an hour to navigate in and out of the area. We have so many visitors that loved the beach just like we do, most of us welcome them. What is normal noise, quiet as a mouse in the winter for the eight months and of course you can see what is like in the summer and who defines normal. Anyway in conclusion, I believe that a nonconforming use is sanctioned in tax by governing authority for 60 years that a right to continue the same has been created, Sandbridge short- term rentals were allowed by the Princess Anne District and continued after the merger with the city of Virginia Beach, billions of dollars have been paid on Sandbridge rental homes and real estate taxes, hotel taxes, sand taxes, flight taxes, service distant taxes and the like and we really like you going to consider to make sure you don't over regulate for the unintended consequences and we would also like to thank you all very 12 much for your volunteer time and even doing this because none of you all are paid just like I am. You have any questions? Unknown Speaker: Any question from the speaker? Karen. Ms. Kwasny: I have a question, Joan you had mentioned that some aspect of the ordinance are not sure you were being particular what maybe still overly burdensome, do you have a particular point? Joan Davis: I think with the three strikes out is pretty burdensome for all of us, I mean, you could, leave your trash can out for three days in a row and then you implement a penalty on all others that takes away your rental for the year. But you are not talking a 1000 dollar penalty, you are talking a 100,000 dollar penalty, so I think that's a little over regulating, I think, if you are going to implement something where somebody shoot somebody in their house, okay, then that's okay but when you are just talking trash and noise and stuff like that I think it is over regulating. Mr. Thornton: Just so you understand, we talked to our attorney with this. These are three convictions. These are three offenses, three trips to court, three orders by the judge, not just a ticket for leaving your trash can out. These are convictions within 24 months. Because most of the time, you cannot get something through the circuit code and much less than a year, so if these are serious convictions, so we heard you when you told us that and we have, you all need to understand that these are just not small violations of 13 leaving a trash can in the wrong place, these are court convictions. So you have got to really be, Mike. Joan Davis: I think what we concern, what is a court conviction, I mean, what would you convict for someone. When a judge rules that you paid a fine, or you? I will, but I mean, would it be likely when your trash can out more than 3- 4 days, it is my point. Bob Thornton: It could be, but I want to make the point that what the ordinance says that it may resolve and the revocation of a registration, so the person making that decision would be, how would be taken to account, what kind of violations it were if it's like three trash can violation versus something serious? Joan Davis: It is not even in the same category of taken somebody's personal property rights away by doing that. Bob Thornton: No, I am just going to make the point [02:04:14] [Inaudible] got three convictions automatic gone, it's, there are some discretion allowed. Joan Davis: Any other question and not only why this red dot map gets me but these red dots and this is an actual for scale map, this really gets me that how you put, that the dots were like put in big highlight or marks. It's got only 120 Airbnb for the entire city with the map like this, it's really in proportionate scale, when Sandbridge is labeled like about that much like not even an inch, so I suggest when people do come up to speak and they come from different communities that you asked him. How many homes 14 they have and how many actual rentals they have in their community, that you actually deal with this, maybe you will get a better perspective at Sandbridge is like 70% of what we are dealing [Inaudible] [02:05:02]. Any other questions? Mr. Thornton: Questions for Ms. Davis, thank you, I am sorry. Dave Redman: Just a follow up, I saw that map and that's kind of been grading on me for sometime that's one of the what I consider frankly dishonest pieces of this debate is we have had that long, the dots on that map are about the size of half of my neighborhood. In my neighborhood has a thousand homes and if you took a dot, you made it the square foot area of house which a rental occurred would be barely noticeable, so I think there has been this effort to try and portray kind of this, you know, will see a blob eating up the parts of the city and that's frankly was one mechanism I think that was frankly quite misleading and intentionally so. So thank you. Joan Davis: It looks infected, it looks like we have measles and it's not the case at all. Okay, thank you, any other questions? Mr. Thornton: Thank you. Ms. Rucinski: Hey our next speaker is Denise Holden. Denise Holden: Hello, I am Denise Holden; I own the little pink house on Baltic Avenue 24th, its little tiny two-bedroom house. I own property in Virginia Beach, Norfolk and Richmond. I rent out most of my property long term. This is the only short-term rental I have. Frankly, I love the business model and I 15 really appreciate the time that you guys are, I have watched the meeting this morning, I love the time that you are putting into very serious issues and I know everyone here most of these houses are huge, I just have a tiny little cottage but it brings to mind what you were saying this morning not all of these houses are the same and they all have different issues, parking for me. That house was built in 1952, there was never a parking there, it's always been on the street. So a parking restriction would be very difficult for me, I have to get parking passes. I have insurance on the house but that's between me and the mortgage company. I can assure you as soon as I told them that I was going to go to short-term, they told me how much insurance I was going to be carrying and it's pretty high, but I didn't need someone telling me how much because that's already been taking care of by the mortgage company. I had already sent an email to the group hoping to discuss something that maybe would help you guys. Some of the properties that I own fall under the neighborhood including the little pink house fall under the neighborhood preservation. A lot of the restrictions, I think would help with what you are trying to accomplish. When I travel to other places, I want to make sure that my family is in a safe house. I think I would be a little uncomfortable knowing that just anybody could rent a building without it being inspected. In the neighborhood preservation zone, you have to have the houses inspected every four years. I mean everything write down to a cracked window. Does it have adequate, you know, egress, are there broken windows, is it 16 safe, is it clean that would be nice to see, so that not anyone could just put their house upon a website and rent it off and I think that would be very practical. As far as, I am sure there are lot of people here they are fighting it, but you have a nuisance caused, you pay a fine, put the fine per bedroom, if the police are called to your house three times, then you pay a huge fine, I don't think it needs to have that much restriction, I am happy to pay the tax on the house. It has saved that little house. Thank you. Mr. Thornton: Any questions for Mrs. Holden? Thank you. Ms. Rucinski: Hey our next speaker is Bernice Pope. Bernice Pope: Good afternoon. Thank you members of planning commission for letting me speak today this afternoon. I feel like its tonight. Mr. Thornton : State your name please for the record. Bernice Pope: My name is Bernice Pope, I am a president of the historic Cavalier Shores Civic League and I just want to make really brief that we had an executive committee meeting and I just wanted to state that we fully support the position at the North End Civic League as just per Jack Drechor president of the North End Civic League has recommended, we do want to emphasize that we are opposed, underline oppose to allowing two rentals per week, we fully support one rental per week and we also request that city has a plan in place to provide adequate support to its staff for enforcing these restrictions that, you know, are going to be created in this new short-term rental ordinance. Thank you. 17 Mr. Thornton: Thank you, any question for Ms. Pope? Thank you. Bernice Pope: Thank you. Ms. Rucinski: Next speaker is Donna Watson. Donna Watson: My name is Donna Watson. Mr. Chairman, madam vice chairman, members of the planning commission, my name is Donna Watson and I want to thank all of you for all the time and effort that you put into this. For over two years, I have been attending hearings and meetings on the issue of short-term rentals. I had to say I am although sad that when I read what your recommendations are regarding what you are proposing with your recommendations. There have been several City appointed committees that have been involved with this issue and they have worked for many hours, actually months on it and it seems like you all are ignoring what they are recommending. I also just disappointed that you are not thinking about the residence of Virginia Beach and all the planning commission here and in workshops that I have attended, I have heard a great deal about how regulations will negatively affect people who are renting out houses on a short-term basis. I haven't really heard anything about insurance of these houses are safe for the residents who live by them and for the renters who rent them. The income of the city is important; however, it should not come at the expense of safety. I am disappointed that you are so willing to take action and can destabilize our neighborhoods, who wants to live near our house so could have over 1000 strangers a year prating through it, well this also adversely affect the 18 security of our neighborhoods since it's hugely neighbors who are the people that noticed something as miss and call the police. You are not going to know that when you have lots of strangers next door. I am very disappointed that you never discussed alternative two. Alternative two offers a fair and equitable balance that will allow this currently renting out their houses on a short-term basis to continue to do so. It will make neighbors aware that someone wants to convert a neighboring residence into a short-term rental, is a far more measured approach, until this morning I really heard nothing about protecting the neighborhoods and I want to thank you Mr. Ripley and Mr. Horsley for mentioning that at the informal meeting earlier day . Allowing any house in Virginia Beach to be a short-term rental by making it a principal use as proposed by your version is a drastic stuff, I think it's a huge mistake. If the city council adopts your recommendations so we no going back, I wishes you have been more eager to take a more conservative approach which would allow the city to deal with this issue on an incremental basis. I oppose the substitute to alternative three which I believe is D5, I support alternative number two, which is D4 but I do believe that the substitute offered by, it's going to be offered by Mr. Ripley is far better. Thank you. Mr. Thornton: Thank you Mrs. Watson. Any questions for the speaker? Thank you. Ms. Rucinski: Okay, our next speaker is Cheryl Petticrew. Cheryl Petticrew: Good afternoon, my name is Cheryl Petticrew. Thank you. Hello chairman Thornton, members of the planning commission and staff, my 19 name is Cheryl Petticrew. I have lived in a residential neighborhood of Sandbridge Beach for over 40 years. I have attended the planning commission, STR workshops and have met individually with many of you. During these meetings, most seem to listen and appreciate our thoughts and our research, but throughout your public discussions, not once, I guess until this morning, wasn't mentioned about the health, safety, and welfare of our Virginia Beach residence and the neighborhoods. For the record, I support short-term rentals with regulations, but renters pay to use another's property instead of their own to do what they might not do in their own home and in their own neighborhood. I have only to remind you of the April 2016 college week shooting fertility of ODU students Darren Campbell in Oceana Gardens, Airbnb, perhaps you remember that the owner of this Airbnb lived in China and there was no property manager to contact. This reminds me of the STR Ad-Hoc committee and their frequent discussions on accountability. Please help us to be proactive in our Virginia Beach neighborhoods rather than continuing to be reactive, to quote the Virginia Beach comm. plan of 2016, a key indicator of every successful city is how well it's safeguards, the health and the quality of its housing and its neighborhoods. I support the city staff's recommendations and I am not sure, I am not up-to-date on what happened this morning and I want to point out interesting many other people that stood up behind us are on the staff of the realty companies in Sandbridge. Thank you. Mr. Thornton: Thank you, any questions for Ms. Petticrew? Any questions? Thank you. 20 Ms. Petticrew: Thank you. Ms. Rucinski: Okay, our next speaker is Brad Capps. Brad Capps: Good afternoon chairman Thornton and members of planning commission. My name is Brad Capps. I am the president of the Resort Beach Civic League; our boundaries are the ocean front from pacific avenue to Parks Avenue from Norfolk Avenue to Laskin road. On February 12th, our membership met and we have discussed short-term rentals and adopt the following positions. Our positions were based on the original plan number two. We agreed with all regulations from plan number two with the following revisions. We oppose all that houses; we are in support of a requirement of a conditional use permit for a short-term rentals because it provides an opportunity for all neighborhoods throughout the city to submit input to the permitting process and the ability to protect our sense of community tranquility and peace. Based on our neighborhood, we opposed providing residential permit parking, temporary parking passage to short-term rentals in our neighborhood. Because they are businesses and they are required by city code 234 to provide onsite parking. We would like to see all applicants of a business license, we would like no more than two rental contract within any seven business days and we did speak about 1 million dollars in insurance. Thank you for all that you are doing. Mr. Thornton: Thank you. Any questions for Mr. Capps? Thank you sir. 21 Ms. Rucinski: Okay our next speaker is Nancy Parker. Nancy Parker: Good afternoon. It is going to be a long afternoon for you all. Chairman Thornton and members of the planning commission, my name is Nancy Parker and I have lived in the Virginia Beach for over 50 years and I stand before you today as a home owner, resident of the Old Beach district. At one of your meetings, you asked or somebody did, where the residents, where are the people on the Civic Leagues well, I am one of them and I am concerned about what's been asked and proposed today. I think in several of your meetings and watched your gravel with the issue, but I felt that the conversations and solutions centered on the protection and encouragement of short-term rentals, but on a wider perspective for the unintended consequences on the rest of the city. It is apparent that the investors and agents of the Sandbridge area have done their homework and were very effective in their lobbying efforts and there is nothing wrong with that, but several other options presented and created no protection for home owners or residence like me and other neighborhoods of the city. At the December meeting, one of the investors lobbying for greater freedom in Sandbridge was asked by one of you, where do you live and he replied Heritage Park, but he didn't want one next to him especially in a rent house and neither do I. My question is why an investor has greater importance than those of us that have lived and build up our neighborhoods. These are our personal homes that we have spent our money to buy, maintain, planted our tomatoes and our roses, and pay taxes 22 on for many years, why do we get pushed aside and our tranquility, stability, and sense of peace have to take a back seat in the process for someone that does not live in our personal community or even in our city. I understand that the internet has dramatically changed the process and opportunities for rentals, but that should not be at my expense or the expense of every neighborhood or the expense of what Virginia Beach has worked so hard to accomplish over the decades. The three options that I have been following, option number two I realized you have made some changes recently with this, with the use of the conditional use permit requirement offers the best opportunity to provide some neighborhood input and protection. Please keep in mind, this is a profitable business venture in the form of a house including into a residential neighborhood which can change the character of the area. This should not be classified as a principal use by right. Even a daycare center requires a conditional use permit, the rest of the city deserves consideration and protection from the unintended consequences of a blanket open market for short-term rentals, but may work in a subsection of Sandbridge, may not be appropriate for the rest of the Virginia Beach, again thank you so much for your time on this issue. Mr. Thornton: Any questions for Mrs. Parker? Thank you. Ms. Rucinski: Hey our next speaker is Robert Walker. Robert Walker: My name is Robert Walker, I live at Sandbridge Beach, I am also a home owner and I work for Siebert realty. Three years ago, I volunteered for the 23 Van Homes Committee and I crunched quite a few numbers about Sandbridge [No sounds from 02:22:15 to 02:22:28]. Over 42% of the houses in Sandbridge are managed by rental management companies and the rental management companies do a good job of enforcing regulations already. Over 64% of the condominiums are managed by the rental management companies and the one number that really no one ever talks about is that 30% of the houses still empty. Are these residents, I mean that own by people that live in Richmond, Pennsylvania, Norfolk and they come down in the summer time, spend their vacation, most of them have earned these houses for many years, Sandfiddler road has 475 houses over 300 are managed, this is the ocean front and semi-ocean front, 125 of those houses still empty. No one is there, they are owned by out of state people. The residents of Sandbridge Beach make up about 30% of the properties that does not count the condominiums and I feel that one people stand up here and talk about integrity of neighborhoods, I agree with that, but Sandbridge Beach is it a neighborhood, it's always been a vacation destination and I find that the ordinances and all the restrictions in the ordinances to be designed and geared up to make short-term rentals difficult for an owner, which down the road people doing it and short-term rentals will come to an end, which will hurt property values, it will hurt revenue to the city of Virginia Beach because the vacationers between 35- 40 million dollars into the local economy around Strawbridge and the 24 General Booth area, we pay over 6 million dollars and transient use tax and like I said Sandbridge is a residential neighborhood. Thank you. Mr. Thornton: Any questions for the speaker? Thank you sir. Robert Walker: Thank you. Ms. Rucinski: Our next speaker is Lee Gause. Lee Gause: My name is Lee Gause. I live in Sandbridge Beach in one of the condominiums. I also own an ocean front property that I rent out, so a great majority of people who don't have the advantage of being able to live at the beach as I do can come and enjoy the beautiful area of Virginia Beach. I support alternative three, but I have a concern with the three strikes provision. These places are big burden on the property owner, but here is my concern if I rent my property, someone signs a lease a responsible adult is going to be overseeing my property for that period and they chose to do something that causes a violation that is an individual who can be identify, sited and charged as that violation count against my house which is an inanimate object and does it indirectly count against me when I am looking at three strikes throughout if someone who you can identify breaks a rule, they are the one which should bear the consequences not the house nor the owner. That's my concern, thank you. Mr. Thornton: Any questions for Mr. Gause. Thank you sir. Ms. Rucinski: Our next speaker is Sarah Houck. 25 Sarah Houck: Good afternoon members of the planning commission. I am Sarah Houck and I live in Chesapeake Beach and admitted I am going to tell you about the experiences I had for about a month with the weekly rental next to me, but I do want to say Nancy Parker and Donna Watson covered all the points I wanted to make, we need a CUP, we need regulations. We need one rental per week. Okay, so back in 2013-14, property next to me was sold to a Cape Cod family, husband and wife and they said they are going to rent it for two years and then they are going to move in, but they never told us it was going to be weekly rental. So this one give you what is like living next to a weekly rental for about a month. Number one, one of the first groups we had was a large group of young man who were here for a fish concert, fish concert last years for 4-5 days, they become stoned right away, try to hang their sleeping bags hammock in our trees because there was not enough room in the house for them to sleep as they continued to be stoned all the time, they see us in the yard and hey maam. How are you doing? What can I do for you, hey can you believe the property manager's boyfriend, just offered us prostitutes, so you can imagine how we felt about all that. Okay, next person, next group, they came in and stayed up to 4 a.m., laughing and drinking around the deck while the water carries the sound, people on both sides had to go to work 6 o'clock in the morning, and they found they had to yell of their windows would you please go inside, they had a bonfire which way too close to the house. Number three, 75 people arrived on Thursday night for a change of 26 command party, heavy drinking and parking noise, whatever trash, so we thought oh god, we got through this, but on the next night, they had another one of 75 people and this was like the lower class on the sort of all for the military I guess, so anyway two nights in a row 75 people parking all over the streets, no parking areas, trash, alcohol, whatever kids running through our yard. The next week, had a wedding party, there were too many people to count, I couldn't keep track, heavy drinking and parking in no parking areas, same thing just loud noise whatever, living next to this was exhausting. We felt we are past aside, so someone could just make some money, [Inaudible] [02:29:45] so why you should allow only one a week, two a week we just cannot live with that. Thankfully the owners of this rental became tired of taking care of the house since they live in Cape Cod and sold it to military family are quiet, narrow, street lined with [Inaudible] [02:30:03] trees is now back to normal. I need you to protect my neighborhood. Mr. Thornton: Thank you Mrs. Houck, any question for Mrs. Houck? Thank you. Ms. Rucinski: Hey our next speaker is Billie Almond. Mr. Thornton: He left. Ms. Rucinski: Next speaker is Larry Horvath. Larry Horvath: My name is Larry Horvath. I have been asked by my neighbors in Baylake Pines to speak on their behalf. We have about 340 homes in our neighborhood about 70-80% our members of the Civic League. We do 27 not want any more short-term rentals in our neighborhood and that's the message is that we want and I want to ask you guys, how many of you would want a short-term rental set up in the house next to yours or across the street. Would you rather have a short-term rental or a daycare center because to be honest with you. I would prefer the daycare center because at least I know the person it's living there. I am asking why do you protect the rights of a person who would bringing a bunch of strangers move out of his house and turned it into a business and not protect the rights of all of us who are important to these suburban neighborhood. We love our neighborhoods, I know my neighbors. I have been there since 1987. They put a lot of great faith in me and having me talk to you. We don't want these things in our neighborhood. We are probably going to have to accept I would think conditional use permits I think would be the best thing to protect us. They are already required for daycare centers, why would you not require them for a short-term rental, these are businesses and the more strangers you bring into our neighborhoods and the more you destroy the fabric of friendships and long term relationships, the weaker our little social bonds are going to be and these things are going to fall apart in front of your eyes. So in conclusion protect our neighborhoods, protect the suburban neighborhood we have built, I don't think any of you would want one of these operations next to your house or across the street, so please require the conditional use permits. If you have to grandfather the ones that already there, I have got one across the street 28 for me, I think that's been a parade of people, different people every weekend last [Inaudible] [02:33:00] before and I am not going to take anymore of your time, I think I have made the point, please consider it. Mr. Thornton: Thank you sir, any questions for Mr. Horvath. Thank you. Larry Horvath: Thanks. Ms. Rucinski: Molly Brown. Molly Brown: Good afternoon, Chairman Thornton and members of the Planning Commission. I am Molly Brown and I support the staff's recommendation for alternative two and the recommendations to regulate short-term rental, which was crafted by the City Attorney Mark Stiles, Kay Wilson, and Director of Planning, Barry Frankenfield and Zoning Administrator Kevin Kemp. I think a more conservative approach should be taken when determining the acceptable use of property. By recommending that a short-term rental is a principal by right use of one's property in any zoning district, the planning commission is in effect saying that this will be a vested right that will last forever. If city council agrees, they will be qualifying an activity that will not be able to be amended by future councils, for to do so, would raise the claim of taking of this vested right. A more conservative approach would be to require a conditional use permit for all short-term rentals going forward. Alternative two, in the future if this appears to be the wrong decision; council could loosen the reins and make it of principal use. Online rentals have changed the way 29 people book their vacations, Airbnb, Vacation Rental by Owner, Home Away, FlipKey and many more. These online rentals are having an impact on the brick and motor realty companies in my neighborhood. My neighbor use one of the rental companies that charge at 18% management fee. Then he switched to another company that only charged 15%. Now, he chose an online company because the online company only charges 3% and guess what, he has had more weekly rentals this summer's than he has ever had with the old management companies. This is the future. This is going on all over this city. This is why regulations are needed to protect the safety and health of all residents and visitors, don't temper with the 311 number and operator of a short-term rental or agent should provide contact information and be able to respond within 30 minutes to calls of complaints received by the city 311 service. As already written in section 39 that 169 of the city code, as a quote president Dwight Eisenhower extremes to the right and to the left any critical dispute are always wrong, I believe a conditional use permit require for all short-term rentals going forward will put you in the middle of the extreme of calling short-term rentals a principal use and prohibiting altogether and I just received what commissioner Ripley and Mr. Horsley have presented and I think that's going very much in the right direction and I see that as a compromise, any questions? Mr. Thornton: Questions for Ms. Brown, thank you. Molly Brown: Thank you. 30 Ms. Rucinski: Karen Thumb? Karen Thumb: Good afternoon members of commission. My name is Karen Thumb. I would like to support option three, but I would like to do with caveats. I know that it is extremely difficult for this group and for the City Council to come up with the proposal that is going to make all of your constituents happy. Virginia Beach is made up of a myriad of communities, it's one of the things that makes it so attractive, it's one of the reason so vibrant and I think you are going to end up making a lot of people unhappy no matter what you do. I also would rather we didn't do any of the options but I think that should be sell and amongst the options I would support number three, but I have three primary concerns. Item one, the ordinance is not specific on how to attain a short-term rental registration, presumably if you go through a management company, they will be able to get it for you, but I am wondering if you really thought about that you are going to have just from Sandbridge over 900 registrations all are ones hitting the commissioner of revenue's office, so it would seem like you are going to have to have a phase-in period. Item two, the ordinance states the three adjudicated violations in two years will resolve in the revocation of the registration, so couple of issues with that. The adjudication process needs to be delineated, I understand, it's a legal judgment but when then initial call comes in someone needs to go out and investigate and as someone who is live next to an event home for five years since it was build, I can tell you I called a number of times, there has never been a response ever 31 by the city, so if we are going to have this in this new ordinance, it has to be enforced. There needs to be an investigation, I also think the home owner and the management company if there is one, needed to be notified as timely as possible because if it's a chronic problem, we need to address it before we get three strikes in three days. I know it takes a while ago through the adjudication but it will still be a violation that coming through the pipeline. Then if the ordinance and if the registration is revoked, then the ordinance needs to stay for what period, is it forever, three strikes and you are done for ever or is it for a year for what period of time. The other thing is if the revocation occurs what happens to that rental property because presumably it is being rented. There are lot of renters that will be fired up, they will put down their money in good faith, are you now going to call them and say, I am sorry it's the middle of July but that house is no longer available because there will be no other home, comparable homes available for them to rent and you have just destroyed their vacation that will give Sandbridge a very bad reputation and also Virginia Beach, particularly in the stain of social media. The suggestion I have is to takes places and that rental period and the renters that are in the house would be told they cannot be rent for the next year or so that turned on impacting the tourism business. Item three, on the enforcement of the noise, parking, and trash, it just has not happened in the past, so looking and somebody needs to come out, when I go home and they parked in my driveway and I call someone needs to come out and make them get out of my driveway, 1 32 don't need to wait until that person decides to leave the party or whatever. I think the number one addition needs to be outdoor speakers, whether they are temporary for an event or permanent in the home, the ordinance needs to specifically just allow outdoor speakers, because the number one issue is quality of life whether it's renters in the house or residents, the noise level is totally intolerable and I thank you for your time. Mr. Thornton: Any questions for the speaker? David? Mr. Redmond: I have a question. Could you come up closer to that mike please? So someone parks in your driveway, why just you don't call the towing company, it's your driveway. Karen Thumb: I don't know a towing company. Mr. Redmond: I give you a number. Karen Thumb: But the point is, you know, what I do, I go next door and ring the doorbell, and I say, I am going to call the police and have your car towed but I am risking a confrontation every time I do that. Mr. Redmond: Then I would like the towing company, risking the confrontation, I mean if it's your driveway, I have every right to have somebody's car tow and the one of the problems that we have is we keep trying to assume things that are, I mean assume under our umbrella, things that have probably not and I think it's my opinion with the insurance very frankly, but somebody parking in your driveway, tow the car [crosstalk] I understand that. So let me make one point clear though because we have gone I think far enough 33 before it needs to be said there are not three and only three alternatives. One of the unfortunate things in this entire process is that we are all presented, all 450,000 of us with this menu of option which was artificial. There is a much longer menu of things that we can do. First time, we saw it was already drafted up in legislative language on our agenda, there is awful lot more than that, so people sometimes think that they are presented with these are the only three alternatives and we all of us not just us, not just City Council but all of us in this community, always have a lot more than that because we are the ones who call the shots, it's not the case like a Russian election where you get Vladimir Putin and the two guys Putin chooses to run against him, so I mean there is a much much broader range of options at our community around here, I think that was a very unfortunate thing just kind of put people in a box and thinking that these were the only alternatives that they had and that's never been true and I think that was very unfortunate, very wrong of done so, sorry, I don't bring that up. Thank you. Mr. Thornton: Thank you. Ms. Rucinski: Our next speaker is Jean Davis. John Davis: Hello good afternoon. My name is John Davis, I want to thank you for letting me speak and I want to thank you for listening to everybody. I live in Sandbridge Beach, which has always been a vacation rental community, it is a safe community, in fact, at our last Sandbridge Civic League, our council person Barbara Handley was proud to report captain Square from 34 Virginia beaches report that our numbers are very down, very low and they continue to be that way. I don't think that we should be compared to other traditional residential communities because we are not, because of that there is a certain charm to Sandbridge that we all love, I am not going to keep going on and on because a lot of people spoke with some of the information I agree with but I do want to ask you and let you know I am speaking from my heart and this Valentine's day, don't take the charm of our Sandbridge, thank you. Mr. Thornton: Thank you, any question for Mr. Davis? Thank you. Ms. Rucinski: Did you fill out two cards, Mr. Davis. Is there another John Davis? Mr. Thornton: John Davis and Jean Davis. Ms. Rucinski: Oh John, my apologies. So John Davis. Okay Michael Davis. Michael Davis: Good afternoon ladies and gentleman. My name is Michael Davis, I am here representing the Sandbridge Vacation Rental Association and I will see. I am here today with only three minutes to speak, I want to speak about the three strikes and you are out, all these ordinances that have been proposed are focused on one thing and that is an enforcement through the three strikes and you are out that is completely unfair. I would like anyone on your commission to tell me how a responsible home owner who is running his house, who is not negligent, who is not present and who has done nothing that is forcible of what's going to happen at that house and it's done by a renter, why he should be held responsible beyond any other 35 citizen? I don't understand that and I don't think they should be accountable. In addition to that each one of these rules, regulations that you are proposing are already quantified with the general public and by imposing them through the three strikes rule, you are giving them a disproportionate punishment and that punishment is if over period of time somebody fireworks off at one year residences or rentals, three times in two years that you can have your rental privileges taken away from you, that can cause someone to have a penalty of depending on what the rent is 50 or 100,000 dollars a year and that penalty can continue in perpetuity as oppose to a residence committing that same crime and being fined 25 dollars or being required to take corrective action that seems extremely disproportionate to me and I can see in the future and I will respectfully disagree with the city attorneys position on this. I am as an attorney myself this is going to lead to a lot of lawsuits for due process issues, equal protection issues, condemnation of property issues, and it's just going to turn into a real mess. I think you need to rethink the three strike rule. In addition to that I heard someone said, all of the chaos that rentals have caused and I will say this for Sandbridge; we are the safest community in the entire Virginia Beach area. We have almost non-existent violent crimes, our property crimes are down 76% in the last 10 years and our nuisance crimes only represent 3% of the total calls for those types of calls in the City of Virginia Beach that's per capita square of the Virginia Beach police department. So we are the highest percentage of rentals and 36 the lowest crime rate in the city, so all these people who are saying that rentals are creating all this havoc, I think have to rethink that. They are not as bad as people are trying to make them out to be, with that I will take any questions you might have? Mr. Thornton: Any questions to the speaker? Thank you sir. Michael Davis: Thank you. Ms. Rucinski: Hey, the next speaker is Elaine Fekete. I apologies, I am sure I really mispronounced your last name, so if you can state it for the record. Elaine Fekete: It is Elaine Fekete. Just like it is spelled. I am afraid that everything has been said, I have to do a little add living, the first thing I want to start to huff with is I just want to be the one to point out that three-day rentals are not the four letter word that everyone keep saying they are. I want to share with you my three days rentals. My three day renters are the ones that we have paid a lot of money to lower to this area to come to the Sportsplex, the convention center, soccer tournaments, wrestling tournaments. That's my three day renters. The other ones are military families. I will get a call that says my son or daughter is being deployed or is coming home from deployment. We want three or four days to be under one roof, that's whom my three day renter, it's not the party, it's not what the [Inaudible] [02:48:44] telling you that's my three day renters, so that is what I needed to say after hearing some of the comments today. My husband and I bought a house in Sandbridge 24 years ago and made it our 37 home. We knew there were short-term rentals there but it's a beach, it's sort of foregone conclusion. We chose to buy our home there anyway, we still live there. We were raising our kids there, but due to a sudden loss of income we are now renting our home during this summer and have been successfully doing so for nine years, we are not alone. Many Sandbridge families chose to rent out homes in the summer just to make ends meet. As a member of a group of home owners who rent their primary residents are employ to reexamine the potential consequences of the way the three strikes rule is written unless I am misunderstanding it, so consider if you will what happened if my registration is revoked on July 1st of the second year, as another woman pointed out what happens to the other bookings that I have already taken, it's my home, it's my only home and I don't have anywhere else to accommodate them, but more importantly remember it's not an investment property for me. I am not stashing the cash somewhere for a rainy day, my rainy day is now, this is my income, this money that's paying my mortgage, my liability insurance, preparing for the renters to come with bikes and kayaks and linens. I cannot refund their money. I don't have another place to put them. I will go bankrupt, my family will lose its home. I will be sued and then that's the reality, that is the potential reality of the three strike rule and how all this happened, potentially it could happen not because of a loud party or drugs in the street or whatever, it could happen based on what I am reading simply because of one misplaced garbage can, one extra child traveling with the 38 family, and one missing when I wrote this, it was an [Inaudible] [02:50:47] one extra car, so all of this could happen in just one rental, and the other thing about that is I am understanding from you since it's my primary residence, I am being held to the same standard when I live there. So if I have 20 people for thanksgiving and Edith won't leave by 11 o'clock is that a strike, it might be a plus for me but it is a strike. So please consider relooking at the ramifications of some of these issues. From the perspective of the person who is the residence that they rent to make ends meet. Thank you. Mr. Thornton: Any questions for the speaker? Unknown Speaker: One question, how do you screen those applicants, how do you do that? Elaine Fekete: Very carefully. I go through an online platform but that platform allows me to communicate with them by phone, by email, I have never had a problem in fact. We have become dear friends of many of the ones who have stayed in our home. I know exactly how many people are coming. I market my home to children, to multigenerational families because people with little children are not going to be party at all night, I keep my occupancy, you say, I can have 17, mind you, usually at max 10, I have plenty of parking, I am on call for them 24/7, I offered to be their concierge service because then I will know what's going on and they will call me what restaurant, what should I get, can you get me tickets for this, I am operating a business where the guests are, I know, everyone when they get there. 39 Unknown Speaker: Very good. Elaine Fekete: And if they happened to where it wants to bring an extra car, I have them call and say can I bring one more car, can I bring one more person, we have been very blessed with doing, there is a way to control it through the online platform, it's not Airbnb or VRBO's fault, it's the owner that's not controlling who is coming into their home. Mr. Thornton: Thank you. The secretary has informed me, we have got about 15 more people signed up, but what I like to do is for you guys to have a 5 minute break and give my friends up here a chance to stretch and maybe round to the restroom. So about one minute after three, we are going to get started, backup, after four I am sorry. Ms. Rucinski: Okay, let's go ahead and going to go ahead and get restarted, Brandon Beavers. Brandon Beavers: Hello everyone, Brandon Beavers. I want to clarify the Resort Beach Civic League's position. I was at the meeting the other night and I have kind of feel like Mr. Chaps may have misled the commission here, we didn't discuss option two specifically, we didn't vote on as a Civic League approving the conditional use aspect of proposition two. We went line by line and I read alternative three, we voted as a Civic League on alternative three, not two. So I specifically want to clarify that. I have been doing a short-term rental since 2015, in my four summers, this year and I have heard all the problems and I think the problems that folks are having are 40 the exception not the rule. I personally screen all of my renters, they have to communicate with me before they rent the house, I specifically say on my side, this is not a party house. We don't do parties, we don't do bachelors parties; this is a family home. I have never had issues with police being called, my neighbors know what I am doing and my neighbors are being neighborly, if they see a problem they call me, they contact me. I am a firm believer in law regulation, I know that there needs to be some sort of regulation but I don't want to go and overkill folks that live in the resort area especially where I am at 16 street in Baltic, hit the beach, know that it's a resort town. If you move into a resort town, you have to expect activities that go along with the resort, I mean it's that simple and I don't think my rentals has ever stopped anyone from growing their tomatoes. So I don't work for a rental agency, I work for myself. This is how I am saving for my 3-year-old daughter's college, Emerson, and it's called Emerson cottage, right this is for her, so I have vested interest in making sure that this house runs appropriately and is not abused. I don't know, maybe I misunderstand but I don't see why the rules for Sandbridge should be the same for the rules in someone in the Princess Anne District for example. I am of the believe that where I am at, at the Resort Beach, there may be, should be a set of rules for where I met, because of the boardwalk maybe a set of rules from the folks that we have heard it in Sandbridge. Because I don't think the rules were someone and let's say the north end, where there is no parking, right should be the 41 same for Sandbridge where they have plenty of off street parking, so I don't know if that's an option to put in different rules for different areas of the city, but I am firmly against a conditional use permit, I am all for regulation. I am also oppose the one rental per seven days, I don't have any weekly rentals currently. They are all 3 and 4 day rentals, so the two per seven day consecutive period I am in favor of, so thank you guys, any questions? Mr. Thornton: Thank you, any questions? Ms. Rucinski: Okay, our next speaker is John Fristachi. How badly did I do on that one? John Fristachi: I am John Fristachi. Baylake Pines, Lake Joyce resident, 20 years navy, I was not born in Virginia Beach, I chose to make this my home and thank you for hearing me this afternoon. I have heard of someone else who spoke [Inaudible] I fly with the Virginia Beach police department in their helicopter program to assist the city and my neighborhood has one of the lowest crime rates in the city. Virginia Beach City code section 500 legislative intent regarding residential zoning states, the purpose of the residential districts is to provide areas for residential housing types at a variety of densities, providing for harmonious neighborhoods located so as to create compatibility and provide for certain other necessary and related uses within our residential communities, but limited as to maintain neighborhood compatibility. This is a stunning document that attempts to redefine in a blanket way, the ways residential housing is defined so as to pave the way for a new breed of hotel forced upon us by the internet to 42 thrive in these residential areas that are zoning loss are intended to make compatible for the residents, not for the business owners. The city's contemplation of redefining these throughout this thrive is constitutes of taking or taught based on the conditions under which residents bought and have been taxed on our properties. As you deliberate on the issue, I encouraged you, it's the first picture of three 100 person parties at both houses adjacent to yours from the months of May to September and to make allowances for ordinances that allow Civic Leagues and homeowners associations to regulate their neighborhoods, so the unique characteristics of the various localities in the city are not trampled by a blanket redefinition or what residential zoning means, we are not all Sandbridge, please don't assume that what is acceptable to the party or is in one house next to the other house of partiers is acceptable in other places in Virginia Beach. Thank you. Mr. Thornton: Thank you, any questions? Thank you sir. Ms. Rucinski: Okay, our next speaker is Andrew Glowatsky. Not here, looks like Andrew, Mr. Thornton: Hallstrom is a last name, Hallstrom? Ms. Rucinski: Susan Satwski, Andrew, oh my gosh, thank you. You will think with Rucinski, I would be able to do these more difficult names, but it just does not work. Andrew Glowatsky: Sometimes it happens that way. 43 Ms. Rucinski: Exactly. Andrew Glowatsky: Good afternoon. Andrew Glowatsky an owner in Sandbridge, here to speak about the short term rental market which I participate in. I am opposed to all short-term rental statutes that are not focused on safety of residence, guests and emergency responders in the Sandbridge neighborhood. So for example, the recommendation me to assure parking at short-term rentals and full term residents does not spill over into the street, locking egress or emergency routes that makes sense and that is consistent with expectations of local government rules and statutes, but items like number six, number seven, eight, number eleven, twelve, and thirteen of this, you know proposal in my opinion are recommending the recommendations and solutions which they were on significant problems, I recognized that loud parties have to be addressed as exceptions in my opinion, the current short-term rental business model that has been around I heard for 60-75 years as working for owners, residence and small and large businesses. Those small and large businesses support these activities, now I do recognize that a lot of the work has been done by this commission and lot of the workshops and that likely recommendations in alternative number three which I support would likely move forward once reasonable revisions are made or deleted. I just want to take time to advice this council on to take caution and a measured approach on these changes and revisions in order to avoid any unintended consequences. If revisions result in reduce short-term rental activity, the economic activity 44 could decline that could result in lower tax revenue and based that the city depends on. With the fast forward to my retirement years, we bought this house a year ago, little less than a year ago and I would see my wife and I living in a house that we bought in the future until then the short term rentals helps keep that dream alive. If Sandbridge is a vacation destination, for me, it's a retirement destination. I thank everybody for the time and consideration in this matter and I understand that this is not like going to be a one in done solution, you know, you are going to have to address safety first that's what I expect and then gets some input and just like any improvement process, plan, do check act and then you know, move forward with, you know, as appropriate, any questions? Mr. Thornton: Any questions for the speaker, thank you sir. Ms. Rucinski: Tarry Stevens? Terry Stevens: Good afternoon everyone, my name is Terry Stevens and I am a fulltime year around resident of Sandbridge. I have been in Virginia Beach since the early 90s and my husband Matt and I bought our home over 14 years ago. We purchased our home from the previous owner who rented us on a short-term weekly basis through the summers. So buy in Sandbridge was a stretch for us. We decided to owner the short-term rentals that summers and that helped us to make repairs on the house. To give you some perspective about where I live, the house directly across the street for me is a rental. The house diagonally behind me is a 9-bedroom rental with 5 bathrooms and sleeps 20 and the house next to that one is also a rental. In 45 the 14 years that I have been in that house, I only recall a few times when I had to call the police or the rental company about the music being too loud or a noise issue. In both of the cases, the job was done. They came and the music was shut down. My point is there are already laws in existence; they just need to be followed. We have a noise ordinance; you are not supposed to play loud music after a certain time in the city. We are community of families in Sandbridge who welcome others to live their dream by vacationing at our beautiful beach. My family and I enjoy our summers in Sandbridge, we like meeting new families who rent on our street, we love the businesses that thrive in Sandbridge, it's a small community. We go to the restaurants, we go to the market, we enjoy the ice-cream shop. We don't want to see more regulation on the short-term rentals in Sandbridge. Sandbridge is different. It is different than the other parts of our city. It has always been different and it needs to be treated that way. One comment I do want to make on the proposal that you are looking at again that three violation rule, what happens if your neighbor hates you, what happens if they say, oh I don't want that house being a rental next to me, I know what I can do, I will go ahead and call the city and have three noise violations, three trash violations, three parking violations, once they get convicted or it gets through, that house cannot rent anymore. I just don't think that's fair, so I think you need to re-visit, look at some of the things that you having there, I know that you have already heard from a lot of people but my family like Sandbridge, we 46 like it exactly how it is and I think you just need to consider some of the regulations that you are putting on the short-term rentals. Thank you. Mr. Thornton: Any questions for Ms. Stevens? Thank you. Ms. Rucinski: Our next speaker is Tim Solanic. Unknown Speaker: Gone, he was leaving. Ms. Rucinski: Andrew Roper? Andrew Roper: Good afternoon Mr. Commissioner, ladies and gentleman of the commission, members of staff. My name is Andrew Roper; I am the current president of Sandbridge Beach Civic League. I stand here before you today as a resident of Sandbridge and as a president of the Civic League; however, I have no formal position from the Civic League with respect to any of these ordinances because quite frankly this has been a moving target, we have had an opportunity to really deliberate and properly come to a decision where we stand as a community on any of these proposed alternatives. I would tell you there was a resident in a Sandbridge that I enjoyed the fact that where I live is a vacation destination for a lot of people, in fact, when my family decided to move down here in 1991. It's because we had vacation in between the beach, but frankly we had stayed in hotels, but we knew that we want to live near to beach. We enjoy the beach atmosphere and quite frankly if we could stay in a house, we would have, because it's better to stay in a home than to stay in a hotel. I don't want to eat out every night. My family did not 47 want to eat out every night, it's very expensive. You know, the more comfortable feeling being inside a home than the hotel. So there is a certain draw to renting out someone's home if they willing to make that available to people that brings people to the community. If you put in regulations that or have the potential of stifling this activity or making it honorous for homeowner upkeep the building and stay within the ordinances and be law enforcement [Inaudible] [03:15:59] intermediating between disputes between residents and neighbors or stepping in and making sure that the noise isn't too loud or the trash cans are going in all time. People are not going to bother to do this, some of them want to sell, move out, they are going to take the business down to Kitty Hawk. So I don't know about you but I don't want to see the tourism leave our city, it's one of the vital economic drivers of our community and to do anything to jeopardize and I think it would be foolhardy on the part of the planning commission and the City Council. Specifically, we haven't hear some ordinances and all the alternatives that are particularly concerning, a lot of people spoken about lot of these, namely the three strikes and you are out rule, I won't be redundant on that, I think enough has been said already on it, but the item two no noise shall be created in excess what normally is expect in the residential neighborhood, what is reasonable in terms of noise in the neighborhood. We go out to Pungo, where it's partially populated, it's going to be lot quieter out there [Inaudible] [03:16:58] or something like that but it's going to be relatively quiet, you bring yourself 48 closer to the ocean front perhaps, it's going to be collectively noisier, go to town center, go to Kempsville, or go in these regions, it's going to be noisier, but take a section like Sandbridge we have five miles of ocean front, we have a National Wildlife Refuge, we have a bay behind this, we have state park, we have the bay as well, there was a lot of draws, so that while people come down to our little section of the town, they don't normally stay there, don't live there, so there is going to be collectively more people now, therefore, more noise. So how is it reasonable than as a homeowner from renting our home to control the amount of noise that other people are generating because they haven't [Inaudible] [03:17:40] come down to my neighborhood. Secondly, no additional traffic shall be created. Again in Sandbridge, we have one road in, one road out, we are about the 1000 people per day who are day trippers who come down during the summer months to visit our beach, they are using a one road in and one road out, they use one road on [Inaudible] [03:17:58] to get down to the city parking lots to 1000 spaces that city has provided for these people across the public restrooms to visit those 5 miles of beach that we pay for in terms of replenishment with our tax revenue and the people that are renting in our neighborhood. So what is a reasonable amount of traffic for our neighborhood, is it the busyness that happens during the summer months, but not during in winter months or during the winter months and not during in the summer months, what is reasonable then? There is also this indication that if you are somehow to allow it by a right as a use of the 49 home then everybody in Virginia Beach will also start renting out their homes and that is going to be all these problems associated with it. Before we started considering any of this, people can rent their homes in anyway, in fact, some of them already were. While there are some exceptions and some problems, there are no more so statistically then what happens to any other type of home ownership or rental agreement. There are plenty of people who own their homes who don't care about the neighbors, who like to have parties and make too much of noise around holidays, there are plenty of people in the long-term rental agreements to do the same things, but yeah because someone decide to stay for less than 30 days, they are going to be subjected to additional regulations. They go far and above and are redundant to existing ordinances. Lastly, the idea that you have to have someone who response within 30 minutes or 60 minutes or whatever the ordinance calls for, I think sort of informally deputizes the homeowners to be law enforcement officials. This is very dangerous precedent to set. There are so much intermediate between a conflict or a dispute or a complain to some kind put the homeowner or the agent in a dangerous position, especially in any hours late in night because if anyone has been drinking anything or anyone, you know, have violent nature, [Inaudible] [00:19:40] home owners involved, there is now an altercation, now you have two problems to deal with, the original complaint and the follow up assault [Inaudible] [03:19:48.9] and the police is here for a reason, we pay good taxes [Inaudible] [03:19:51] they do need some more 50 help, but I don't think they are making home owners responsible to [Inaudible] [03:19:58]. I thank you for your time today for all the efforts you put in to come to this particular point. Any question? Mr. Thornton: Thank you sir. Any questions for the speaker, Mr. Roper? Thank you. Mr. Roper: Thank you. Ms. Rucinski: Next speaker is Dr. John Rosenman. John Rosenman: Hello, I am John D. Rosenman, wanna put middle initial. First, I would like to thank the planning commission for all the work you have done in this area and with these documents and also to wish you a great Valentine's Day. I hope you find your heart's desire today. I have been taking notes for hours, there they are, I know I am going to here talk about the three strikes rule in my dreams, that's for sure. I am a retired English professor from Norfolk State University. My wife and I and two children, our two children moved to Abingdon Village in 1982, that's a way back and we wanted a neighborhood with a residential area that was a community with stable homes with people basically who own those homes. You know, a 17th century jurist made a statement that I think you are probably familiar with. He said, a man's home is his castle, he didn't say a man's home is his hotel. He did not and therefore I liked and my wife likes Abingdon Village as it was, yet after hearing all this talk about Sandbridge. It should be obvious that no two communities are the same, one size does not fit all, there are differences, you have to take a nuanced 51 approach. Despite this, in general and serving for communities like mine, I am oppose to short-term rentals and principal use, yes they can and often do stabilize the communities involved, I am concerned about safety, welfare, the health of the individuals, I am thinking of noise, parties, it has been said that you can scream very carefully the renters, but I am not sure that everyone always will and there are some who slip through and cause problems. It's a big concern to me. In my neighborhood, you have people from the military who rent homes when they do so for a year or six months and you have that stability. There was one, we have one daycare center where they have kids that's exception on my street and in our community and every now and then there is one little dog who get away and once a year I find that little dog and scoop it up and walk it back two houses over to its owner, but that's no big deal. I think the most renters would be very well behaved, but I am concerned about the exception, moving quickly, I do think that I recommend that the commission take an incremental nuanced approach. There is no reason we have to go from zero to 60 odd ones and for that reason after looking these documents over, I would recommend the alternative two, which is more moderate and balanced in my opinion. Thank you very much for your time and if you have any questions, I will try my best to answer them. Mr. Thornton: Any questions? Thank you sir. John Rosenman: Thank you. Ms. Rucinski: Thank you, our next speaker is Cory Belcher. 52 Cory Belcher: Hi there, can you guys hear me. My name is Cory Belcher and as Ms. Petticrew eloquently pointed out, I am one of the many, many people in Sandbridge who works for a realty company and I am speaking today because this affects my livelihood and my future. My family has own property in the Sandbridge since the 1960s, but I was raised in Chesterfield Virginia about two hours away. While attending college at Virginia Commonwealth University, I had the opportunity to intern at Siebert Realty. I have now been employed by them for nearly 7 years and I have moved here and bought a home just outside of Sandbridge. One of the many benefits of short-term rentals for this city aside from the enormous tax revenues is that educated young adults are drawn to the area for job opportunities in real estate and property management. In addition to myself, Siebert has interns from Longwood, Washington and Lee, James Madison, as well as other notable universities. If the short-term rental ordinances go through, it will undoubtedly change our business model in Siebert Realty. As these ordinances been in place in 2011, I may not have had the opportunity to move here, start my life as a young adult and begin my career and closing I want to thank you for your time today and listening to everyone. I pray that we can figure out a way to keep the peace without tanking property values and crippling the rental companies but it had been a business for decades. Thank you. Mr. Thornton: Thank you Mr. Belcher. Ms. Rucinski: Debra Griggs. 53 Debra Griggs: Good afternoon ladies and gentleman and thank you for giving me just a minute to speak to about this. My name is Debra Griggs, I am a real estate broker, I have practiced real estate for 34 years, I was delighted to hear that they are real estate folks on this panel because I know you will look at this through a lens that is important not only to our business but to our economy. I do want to [Inaudible] [03:26:46] property management companies and I feel I need to say that because an earlier speaker narrated that or said that many of the people in the room are employees with property management companies as if those people are less valuable in the conversation and I would submit to you that those people not only work at these property management companies, many of them live in Sandbridge and they care deeply about the community and I just really need to [Inaudible] [03:27:14]. Twelve years ago, my husband and I went to the Outer Banks to buy a second home in a vacation rental home and we ended up buying one in Sandbridge, which totally surprised us, we loved Sandbridge, we love the culture, we love the people, we love the environment, Sandbridge has been a vacation rental destination for years and vacation rentals are the economic engine in Sandbridge. We still own that home and we love it and we still love Sandbridge. I believe strongly that this proposed ordinance will devastate property values in Sandbridge. I say that as a real estate broker who has been actively involved in that market. The three strikes and you are out and the conditional use permit components are particularly onerous and overbearing in my opinion. 54 Also, I would just simply say to you that this proposed ordinance I perceive to be overzealous and sincerely believe that it will [Inaudible] [03:28:20] unintended economic consequences on that community. I urge you to think about it very carefully and dial it back, thank you. Mr. Thornton: Thank you Ms. Griggs. Ms. Rucinski: Our next speaker is Patrick Keenan. Patrick Keenan: Mr. Chairman and members of the commission. My name is Patrick Keenan, I am with Siebert Realty in Sandbridge and I just wanted to start of spending a couple of minutes telling you about the 12,000 plus leases, as we had last year that did not have a single problem. I didn't get a single phone call from resident of Sandbridge indicating that there was a problem, as a matter of fact, I got a call from Mayor's office at the end of the summer, telling me that he received one phone call this year complained about a short-term rental and it was actually the renter himself complaining about his property management company, not Siebert Realty. So it just seems to be a little bit awkward that there seems to be a lot of attention put on to the activity with perhaps hypothetical problems because there is no record of complaints and I am not saying that the people that are complaining don't have a legitimate right, they do, there is just no history here that. The problem has been elevated to be much larger than it actually is, so I just wanted to address a couple of things in the ordinance in themselves since I have had that particular to say, I have received numerous emails over the last couple of days with regards to the parking 55 suggestion, one parking space per bedroom effectively eliminates every condo in Sandbridge from being able to be rented, two-bedroom condos are the only ones that can rent because there is an assigned parking situation at the condos down there, so if you passed this rule, you are going to eliminate 100's of property right of the shoe, not to mention I would imagine a fair number of properties that are houses in Sandbridge that will no longer be able to rent under that particular roof and some of those they have been renting for decades and have had literally no complaints over parking. So I just would encourage that particular rule to be considered. I would also like to mention that in my brief and perhaps incomplete review of the insurance requirements, I have not been able to find anywhere else where the city requires an individual to have an insurance or business for that matter, only if you are going to have an event on city property, you have to have liability policy and listed city as additional in short the only other situation that I am aware of the city mandating insurance as a business owner, I am not mandated to have insurance on anything, but when I operate a vehicle on the road, the state requires to have insurance but the city does not. So and again that's an incomplete survey of the available resources there. I asked several insurance agencies, they weren't aware of any mandate on an individual have insurance. I would encourage the market to drive that factor, to let people make the decision of what risk they wish to take. Roughly 20% maybe little bit more than that 22% of our rentals on an annual basis are 56 less than 7-day round and to eliminate the ability to have two renters come in one week would be up burden that many property owners perhaps could not recover from, but likewise with 100's and 100's of short stays in Sandbridge in the last 12 months, zero complaints, none. And I wanted to point out the online platforms are effectively like an advertisement in the newspaper, if you rent something or buy something, you are going to ad in newspaper and you have a problem with that, you cannot call the newspaper, they don't care, same thing goes with Airbnb, Home Away, VRBO, they are nothing more than an advertisement. They don't have any stake in the game, nor do they have any mechanism to address agreements. Thank you very much for your time. Mr. Thornton: Thank you. David Weiner and Mike Inman. David Weiner: So out of the 1200, you said 1200 rentals? Patrick Keenan: There are 1200 rentals in the city; you had 1000s of leases every year. David Weiner: How many do you have though? Patrick Keenan: I manage 340 properties. David Weiner: So out of those 340 out of last year, so you had no, but you know the owners got a violation for anything, loud noise or anything that you are aware of? Patrick Keenan: Violations, no I haven't even had a complaint from a neighbor. David Weiner: That's all I am going to have. 57 Mr. Thornton: Mike? Mike Inman: Can you tell me approximately what percentages of owners who call a rental property from you or your company asks, does the owner of this property have liability insurance? Patrick Keenan: We require our property owners to have liability insurance through our management. Mike Inman: Sorry that was not my question. Patrick Keenan: I am sorry. Mike Inman: The question was how many ask you does the owner have liability insurance. Patrick Keenan: I have not had that question asked of me perspective guest ever. Mr. Thornton: Don. Mr. Horsley: What do you do for parking problems? Patrick Keenan: Well if we are aware of a parking problem and the need to have a vehicle moved, so it does not create a problem. I certainly allow overflow parking in my facility but you know to quantify that would be difficult, that's a business decision that I make to smooth the waters and make it possible for people who enjoy the property and not create a disturbance. Mr. Horsley: So in other words, you provide outside parking for, if you? Patrick Keenan: Mind you, I have a limited amount of space, but yes sir, I do currently and 58 I have not ever had an issue with exceeding the available space that I currently have. Mr. Horsley: You said the condos, it would the requirement would do, what to those? Patrick Keenan: Most of the condos are 3 and 4 bedrooms. They are all in Sandbridge Dunes, they are all assigned one. They are allowed to purchase a second one at the Sanctuary Condos, I believe they are assigned two and what we refer to is overflow parking at all those facilities, so any people that exceed the number of assigned spaces go to those spots. Mind you, I understand that topic has not been in conversation here because the condos never ever have a parking problem. They always accommodate all of their parking on-site and so just don't brought it up because by rule since I am expected to follow the rule, I would have told the property owners they cannot rent anymore, so I would like you to consider that and perhaps just the ordinance to accommodate parking at the condos as well. Thank you. Mr. Horsley: And how much insurance do you require? Patrick Keenan: We don't have a require limit, we require liability insurance with us as additional insurance. Mr. Horsley: But you don't give them an amount, whatever they give you, you accept? Patrick Kennan: I allow them to make the decisions and accept the risk they are willing to take. Mr. Horsley: Okay,but you do require them to have liability insurance? Patrick Keenan: Yes sir. 59 Mr. Horsley: Okay, thank you. Patrick Keenan: You are welcome. Any other questions? Thank you. Ms. Rucinski: Charlie Kelly? Charlie Kelly: My name is Charlie Kelly. Thank you Mr. Chairman and members of commission for allowing me to speak today. I live in Sandbridge. I am a real estate agent who specializes in Sandbridge and I have the [Inaudible] [03:35:38] probably having sold more homes in the last 10 years in Sandbridge than anyone and I mentioned that for one reason, one reason only that I know more the people who have bought these homes for rental purposes than maybe anyone that is in this room today and these people bought the homes with the expectation that this activity renting their homes in Sandbridge, I mean going after 40 or 50 years and had no idea that it was illegal or not legal, I guess it's more, maybe that's the correct like and so to turn around and say everything you based your decision on is now out of the window and we have new rules that could impact your rentals, I think have very unexpected consequence and I have had you know last several weeks more people called me and enquiring about selling than to have at this time a year in the 15 years that I have been doing this. Now maybe this just the time in the year, maybe it just coincidental, but there is a lot of angst in the community. I was at a 60 meeting that was a meeting of All Civic League members from the city and a city official got up to address this group of residents and the city official said we have got the Wild Wild West going on out in Sandbridge and we have got to do something to control it, it's out of control and he said, one week you have the [Inaudible] [03:37:20] living next to you and then next week, you have the [Inaudible], now I lived there since 2000 and not on wood I haven't seen either of those couples and I don't think that, I think it's a little extreme but I am a little worried about the three strikes and I am not going to go into that but if these are the people who are going to, this individual is going to be very involved in the process. I am a little concerned with the work may that they may decide that they just want to clamp down this, so that's one thing I see the other way. Another point I would like to make it's a principal residents, my home is my principal residents I live there seven months of the year. The other five months of the year I rent that home, so it's a short-term rental, so I would ask you to think about that and say when I live there, I would expect to have the same rights and privileges as any other resident of the city and so maybe you could say when in use as a short-term rental, thank you very much, appreciate your time. Mr. Thornton: Thank you, Mike? Mr. Inman: Yes sir, leaving that aside the three strike thing from it, we were off the topic today, what is it in the list of regulations is that we apply that would scare somebody or worry somebody, point out to us the unreasonable ones 61 that would make someone, oh my god, wow, I don't think, I can live with that? Charlie Kelly: Well, I think Mr. Inman that three strikes is the main thing, it's just the uncertainty of that and the fact that we are not controlling the people who are creating the violations, noise, fireworks, trash, fires on the beach and I would, you know, encourage you to say how can we put in place penalties because if I tell my guest, please don't light a fire on the beach, I could lose my right to rent my house, I really nice guy that I am, I don't care. Mr. Inman: Going to the three strikes rule, I want to emphasize because it's been very very popular topic today and matter that I am not sure everybody stands although it's been reiterated a couple of times and you just said it, it says may the alternative is to say shall be revoked but it says may resolve and revocation so it will somebody way, give some of room for discretion and the revocation. I don't say an immediate revocation, I mean people would worried about they would be revoked right in the middle of the season, but would not necessarily be revoked in the middle of the season that could be taken to account, you know, the revocation day could be the end of the season. So it's not quite as bad, big dog bite as you might think. Charlie Kelly: Well for me personally, it would be a 280,000 dollar a year penalty and if someone has a fire on the beach one week, fireworks a next week, and a trash can that was not pulled in on time, I think has 300,000 dollar penalty is excessive, I am getting a little excited because this is important and it's not in sink and I just. 62 Ms. Wilson: We have heard a lot about the three strikes rule and I just want to make sure everybody understands it. It's already in the law, it's already one of the provisions to the registration and paying transient occupancy taxes, it's not like this is the first time, and it's already passed. It's in the city court, it's already there, it's in the state court, so we have taken it and cleared it up little and make sure they adjudicated, make sure they are within a two- year period that kind of thing, we have tried to make it clear what exactly it is, but it's already in the ordinance under the treasure rules permit to this activity. Charlie Kelly: Within the last year that came in to the cover? Ms. Wilson: That came in, yes, last year. Charlie Kelly: As a result of this discussion. Ms. Wilson: Oh, actually came in as a result of the state's discussion, registration of these and transient occupancy taxes. Charlie Kelly: Thank you for your time, any other questions? Mr. Thornton: You are welcome, any other questions of Mr. Kelly? Thank you very much. Ms. Rucinski: Jimmy Fasen? Last, but certainly not least Lynn Hume. And look, she was sitting right up on the front row the whole time. Lynn Hume: Hi, I would not plan on speaking today,however, I am here. Mr. Thornton: Name for the record. 63 Lynn Hume: Pardon me, Lynn Hume. I am home owner and an investor in Shore Drive area and I have been a realtor since 1984. I am confused and I totally disagree with that short-term rentals aren't legal use because they are not mentioned in the zoning court. If that's a case, then everything that is not in court or a law is illegal and that is not how a country works, that's not how the State of Virginia works and hopefully that's not how the City of Virginia Beach works. This court allow these buildings to be built, city has made laws to register these properties, taxes are already being collected on these properties, how can they be called illegal. They have been here, they are here and they are in use. Many of these properties have been here over 60 years; people may have plans for long term use. They are taking reservations for the future right now. They have got reservations for May, June, July, and August; it's not stopping, what would you do with those reservations? I am not really in favor of alternative three, it has some things that are not good, I am in favor of not any of these alternatives and different from what I heard in all the workshops I attended and the draft, I am hearing now that the continual use permit maybe in play, if so, I am strongly oppose to that requirement. If a conditional use permit is now required and denied, the city will have taken away a person's long time right. In many cases, creating great financial hardships, the market will determine the use in the non-beach areas. Laws are on the books to take care of nuances and I hope that a untrained owner or property manager will not be required to put 64 themselves in the middle of disturbance, is dangerous and can escalate the situation, please let the professional handle these situations. Please don't require conditional use permit, or required untrained people to put themselves in harm's way. Also in regards this somebody is saying it's been on the books with the city treasurer, I brought it up to many people in the audience maybe a month ago, none of us had any knowledge of those extra requirements to council approve, no one, it wasn't bedded, we didn't know about it. I talked to many of the companies around here and I actually forwarded what was added to the city treasurers, so you know, I have also has the understanding that that's not enforceable unless it's in court, but again, I don't know if that's true, but what's on the city treasurers' office that's a requirement kind of slipped in and no one and none of these people who the Sandbridge people and all of them did not now that have been putting there, of course, I didn't because I thought that this was all Sandbridge thing. Mr. Thornton: Any questions for the speaker? Thank you. Lynn Hume: Thank you. Ms. Rucinski: There are no more speakers on this application. Mr. Thornton: Thank you. So before we get started, there are couple of points that I want to clarify because that last point confused not only some of you folks, but some of us as well. In July of 2017, the general assembly gave the City of Virginia Beach permission to pass an ordinance that required registration 65 of short-term rentals. The city council passed that regulation. We refer to it is to Phil Kellam commissioner of revenue ordinance because it has to do with registering properties for the collection of transient occupancy taxes and that is on the books and there are some things in it that we wanted to make sure that we didn't countermand or pass our own ordinance from the planning side, it contravenes that. So if you are curious to know what is in that ordinance, do you know the number of it right of the top of your head? Ms. Rucinski: Not of the top of my head. Mr. Thornton: But it is in a fact it requires people that own short-term rental property to register and someone mentioned earlier that the city has in fact hired a company to look for all the short-term rental properties that are in Airbnb, VRBO and there are many of these have been found and communicated with and for the most part most of them have registered. So that's a fact and we didn't want to do anything with our proposed ordinance that would contravene that. Mr. Rucinski: And that ordinance is 35-169 of the city code. Mr. Thornton: 35-169 and it was passed, it was on 7/1/17. Ms. Rucinski: That's when it became effective, yeah. Mr. Thornton: Became effective, so that's something that we have learned and we are working within the confines of that. So I would close the public hearing and then we can debate this amongst ourselves and I would certainly open 66 the floor to anybody that would like to speak and again in terms of brevity let's not go over a stuff that we have gone over 100s of time, but all of us would like to know all of their opinion of that because it's my desire that we pass a resolution or pass an ordinance or recommend an ordinance today and pass it on to City Council, so they can hear your concerns. David Redmond. Mr. Redmond: Mr. Chairman I move denial of agenda items number Dl,D2 and D3. Mr. Thornton: Is there a second on that motion? Unknown Speaker: Second. Mr. Thornton: Okay, so we have a motion to deny 1, 2, and 3 which essentially deals with the requirement to setup an overlay district, actually a geographic overlay district, so we are ready to call for the questions. Ms. Kwasny: I just want to state that I have a personal interest in the Miller Group, my husband works for the Miller Group and the city's attorney has indicated that it is permitted for me to vote on this despite that because it's a recommendation we make the City Council. Unknown Speaker: That's good. I have your vote. Mr. Thornton: So we have a motion to deny 1, 2, and 3 and we have a second by Mr. Hodgson and we are ready to vote. Unknown Speaker: Mr. Redmond made a motion? Mr. Thornton: Yes. 67 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 Unknown Speaker: By the vote of 11-0, the commission has denied application D1, D2, and D3 [Crosstalk]. 68 0ro� ! -. 4,T, :i i 11 `4 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 [ALTERNATIVE 2] MEETING DATE: March 20, 2018 • Background: City Council conducted a workshop to discuss short term rental regulations on March 13, 2018. At the conclusion of the discussion, City Council proposed that all short term rental ordinances scheduled for consideration on March 20, 2018 be Deferred for 60 days. The vote to defer these items shall be considered on March 20th. 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 alternative two, "home sharing" would be permitted by-right, and "short term rentals" would be a conditional use, unless grandfathered. • 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 ordinance two. If alternative two 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. Alternative ordinance two would grandfather all existing short term rental homes that have registered and have paid all applicable taxes prior to the date that would be adopted with the ordinance. Planning Commission did not support the use of Conditional Use Permits to regulate short term rentals. Planning Commission did not consider the alternative two drafted by Staff; however voted on a substitute alternative two. City of Virginia Beach — Home Sharing and Short Term Rentals [Alternative 2] Page 2of2 • Recommendations: City Staff defers to the Planning Commission. The Planning Commission did not consider this alternative. • Attachment: Staff Report Recommended Action: Staff has no recommendation. Planning Commission recommends Denial. City Council Action: City Council plans to Defer this item for 60 days. Submitting Department/ gency: Planning Department/ "a v• City Manager: � , ►.0 Applicant City of Virginia Beach Agenda Item Public Hearing February 14, 2018 Home Sharing and Short Term Rentals D4 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 This item was deferred at the December Planning Commission meeting to allow for further consideration. Since that meeting, the Planning Commission held two workshops (January 24th and February 7th).During these workshops, the Planning Commission discussed the proposed options for short term rental regulation, including the implementation of an overlay district, the use of"grandfathering", and requiring a conditional use permit. Several key issues dealing with regulation were discussed at length and are listed below. • Occupancy limitations for short term rentals; • Number of rental contracts permitted in a seven day period; • Accommodation of off-street parking and parking requirements; • Insurance requirements; • Permitting of larger (special) events; and • The accessibility and availability of an emergency contact. Based on the discussions at these workshops, Planning Commission does not have an official direction prior to the creation of this staff report. Recommendation Staff does not have a recommendation regarding this agenda item at this time. City of Virginia Beach Agenda Item D4 Page 1 I1.- . CITY OF VIRGINIA BEACH AGENDA ITEM I 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 [ALTERNATIVE 2 - PLANNING COMMISSION VERSION] MEETING DATE: March 20, 2018 ■ Background: City Council conducted a workshop to discuss short term rental regulations on March 13, 2018. At the conclusion of the discussion, City Council proposed that all short term rental ordinances scheduled for consideration on March 20, 2018 be Deferred for 60 days. The vote to defer these items shall be considered on March 20th. 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 alternative two, "home sharing" would be permitted by-right, and "short term rentals" would be a conditional use, unless grandfathered. • 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 ordinance two. If alternative two 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. Alternative ordinance two would grandfather all existing short term rental homes that have registered and have paid all applicable taxes prior to the date that would be adopted with the ordinance. Planning Commission considered this alternative, and proposed a version of alternative two that contained several changes to the Staff drafted version. The proposed changes are as follows: City of Virginia Beach — Home Sharing and Short Term Rentals [Alternative 2 - PC Version] Page 2of2 1 . One parking space per bedroom and a parking plan submitted to be approved by the Zoning Administrator, instead of a minimum of two off-street parking spaces. 2. A summary of applicable City Codes must be posted, instead of the full text. 3. Two rental contracts per seven day period, instead of one. 4. $500,000 insurance required, instead of $1 million. 5. Occupancy of three persons per bedroom plus an additional two persons, instead of two persons per bedroom plus an additional four. 6. Signs displaying house names are exempt from the signage requirements. 7. A contact person must be able to get to the site within 60 minutes, instead of 30 minutes. 8. No exit signs are required. 9. Inspections require a 24 hour notice, instead of being any reasonable time following notice. This alternative was supported by two Planning Commissioners. • Recommendations: City Staff defers to the Planning Commission. The Planning Commission passed a motion by a recorded vote of 9-2, to recommend Denial of this request. • Attachment: Staff Report Recommended Action: Staff has no recommendation. Planning Commission recommends Denial. City Council Action: City Council plans to Defer this item for 60 days , Submitting Department/Agency: Planning Department City Manager: Applicant City of Virginia Beach1VB Agenda Item Public Hearing February 14, 2018 Home Sharing and Short Term Rentals DLI 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 This item was deferred at the December Planning Commission meeting to allow for further consideration. Since that meeting, the Planning Commission held two workshops (January 24th and February 7th).During these workshops, the Planning Commission discussed the proposed options for short term rental regulation, including the implementation of an overlay district, the use of"grandfathering", and requiring a conditional use permit. Several key issues dealing with regulation were discussed at length and are listed below. • Occupancy limitations for short term rentals; • Number of rental contracts permitted in a seven day period; • Accommodation of off-street parking and parking requirements; • Insurance requirements; • Permitting of larger (special) events; and • The accessibility and availability of an emergency contact. Based on the discussions at these workshops, Planning Commission does not have an official direction prior to the creation of this staff report. Recommendation Staff does not have a recommendation regarding this agenda item at this time. City of Virginia Beach Agenda Item D4 Page 1 1 2 PLANNING COMMISSION VERSION 3 ALTERNATIVE 2 4 5 AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 6 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 7 ZONING ORDINANCE AND SECTION 5.2 OF THE 8 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 9 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 10 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 11 REQUIREMENTS AND USE OF HOME SHARING AND 12 SHORT TERM RENTALS 13 14 Sections Amended: City Zoning Ordinance Sections 111, 15 401, 501, 601, 901, 1110, 1125, 1521, and 2203 and 16 Oceanfront Resort District Form-Based Code Section 5.2 17 18 Sections Added: City Zoning Ordinance Sections 209.6 and 19 241.2 20 21 WHEREAS, the public necessity, convenience, general welfare and good zoning 22 practice so require; 23 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That Sections 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the City 28 Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code 29 are hereby amended and reordained, and Sections 209.6 and 241.2 of the City Zoning 30 Ordinance are hereby added and ordained, to read as follows: 31 32 Sec. 111. Definitions. 33 34 . . . . 35 36 Home sharing. A dwelling in which a room or rooms are offered for rental for 37 compensation for a period of less than thirty (30) consecutive days by an owner who 38 utilizes the dwelling as his principal residence and occupies the dwelling during any 39 such rental. 40 41 . . . . 42 43 Hotel and motel. A building or group of attached or detached buildings containing 44 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units, 45 and for which compensation is exchanged for short-term occupancy of the dwelling or 46 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 47 registration and keeping of records relating to hotel guests. This term also includcs 48 motels. 49 50 . . . . 51 52 Principal residence. Principal residence shall be the location where a person 53 lives fifty (50) percent or more of the time. 54 55 . . . . 56 57 Short term rental. A dwelling that does not meet the definition of home sharing in 58 which a room or rooms, or the entire dwelling are rented for less than thirty (30) 59 consecutive days for compensation. 60 61 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 62 ALL DISTRICTS 63 64 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 65 PARKING, OFF-STREET LOADING, AND CERTAIN USES 66 67 . . . . 68 69 Sec. 209.6. Home sharing. 70 71 1. A parking plan illustrating how one parking space for every bedroom shall 72 be provided. Such plan shall be reviewed and approved by the Zoning 73 Administrator or his designee, if appropriate to the zoning district and the 74 adjacent neighborhood; 75 76 2. No noise shall be created in excess of what is normally expected in a 77 residential neighborhood; 78 79 3. No additional traffic shall be created in excess of what is normally expected 80 in a residential neighborhood; 81 82 4. The owner must provide contact information sufficient to allow the city to 83 communicate with the owner occupying the dwelling at all times during the 84 rental period; 85 86 5. To the extent permitted by state law, each dwelling offered as a home share 87 must maintain registration with the Commissioner of Revenue's office and 88 pay all applicable taxes. Adjudicated violations of three (3) applicable 2 89 federal, state or local laws or regulations in two (2) consecutive calendar 90 years may result in the revocation of said registration; 91 92 6. There shall be posted in a conspicuous place within the dwelling a summary 93 provided by the Zoning Administrator of City Code Sections 23-69 through 94 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on 95 the beach) and 12-43.2 (fireworks); 96 97 7. All refuse shall be placed in automated refuse receptacles, where provided, 98 and comply with the requirements of City Code Sections 31-26, 31-27 and 99 31-28; 100 101 8. There shall be no more than two (2) rental contracts during any consecutive 102 seven (7) day period; 103 104 9. The owner shall provide proof of liability insurance applicable to the rental 105 activity of at least five hundred thousand dollars ($500,000.00); and 106 107 10.The City may inspect the property at any reasonable time, after 24 hours' 108 notice to the contact person and the owner, to verify compliance with the 109 provisions listed above. 110 111 C. CONDITIONAL USES AND STRUCTURES 112 113 . . . . 114 115 Sec. 241.2 Short term rental. 116 117 1. A parking plan illustrating how one parking space for every bedroom shall 118 be provided. Such plan shall be reviewed and approved by the Zoning 119 Administrator or his designee, if appropriate to the zoning district and the 120 adjacent neighborhood; 121 122 2. No noise shall be created in excess of what is normally expected in a 123 residential neighborhood; 124 125 3. No additional traffic shall be created in excess of what is normally expected 126 in a residential neighborhood; 127 128 4. No events with more than fifty (50) people present, shall be held absent a 129 special events permit. Events with more than fifty (50) people are limited to 130 no more than three (3) events in a calendar year. No more than one 131 hundred (100) people shall be present at any event held on the property; 3 132 133 5. The owner or the owner's agent must be identified and able to be present 134 on site within a reasonable time of approximately sixty (60) minutes of being 135 contacted at all times during the rental period; 136 137 6. No signage shall be on site, except that each short term rental is allowed 138 one (1), one-foot by one-foot sign, posted on the building, that identifies the 139 short term rental; 140 141 7. To the extent permitted by state law, each short term rental must maintain 142 registration with the Commissioner of Revenue's office and pay all 143 applicable taxes. Adiudicated violations of three (3) applicable local, state 144 or federal laws or regulations in two consecutive calendar years may result 145 in the revocation of said registration; 146 147 8. There shall be posted in a conspicuous place within the dwelling a summary 148 provided by the Zoning Administrator of City Code Sections 23-69 through 149 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on 150 the beach) and 12-43.2 (fireworks); 151 152 9. All refuse shall be placed in automated refuse receptacles, where provided, 153 and comply with the requirements of City Code Sections 31-26, 31-27 and 154 31-28. 155 156 10.There shall be no more than two (2) rental contract during any consecutive 157 seven (7) day period; 158 159 11.The owner shall provide proof of liability insurance applicable to the rental 160 activity of at least five hundred thousand dollars ($500,000.00) underwritten 161 by insurers acceptable to the city-, 162 163 12.The maximum number of persons on the property after 11:00 p.m. and 164 before 7:00 a.m. shall be three (3) individuals per bedroom plus two (2) 165 additional persons; 166 167 13.Any short term rental that has paid transient occupancy taxes to the 168 Commissioner of the Revenue prior to January 1, 2017 shall be considered 169 grandfathered and shall not be required to obtain a Conditional Use Permit 170 where otherwise required, but must meet the conditions of section 241.2. 171 Any expansion of the footprint of the dwelling housing the short term rental 172 shall repeal the grandfathered status of the short term rental and require a 173 conditional use permit for such use; and 174 4 175 14.The City may inspect the property at any reasonable time, after 24 hours' 176 notice to the contact person and the owner, to verify compliance with the 177 provisions listed above. 178 179 ARTICLE 4. - AGRICULTURAL DISTRICTS 180 181 (a) Principal and conditional uses. The following chart lists those uses permitted 182 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 183 respective agricultural districts shall be permitted as either principal uses indicated by a 184 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 185 shall be prohibited in the respective districts. No uses or structures other than as 186 specified shall be permitted. 187 Use AG-1 AG-2 Home sharing meeting the requirements of section 209.6 P P Short term rental J C C 188 189 (b) Accessory uses and structures. Uses and structures which are customarily 190 accessory and clearly incidental and subordinate to principal uses and structures, 191 including but not limited to, an accessory activity operated for profit in a residential 192 dwelling unit where (i) there is no change in the outside appearance of the building or 193 premises or any visible or audible evidence detectable from outside the building lot, 194 either permanently or intermittently, of the conduct of such business except for one (1) 195 nonilluminated sign not more than one (1) square foot in area mounted flat against the 196 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 197 by such activity in greater volumes than would normally be expected in the 198 neighborhood, and any need for parking generated by the conduct of such activity is 199 met off the street and other than in a required front yard; (iii) the activity is conducted on 200 the premises which is the bona fide residence of the principal practitioner, and no 201 person other than members of the immediate family occupying such dwelling units is 202 employed in the activity; (iv) such activity is conducted only in the principal structure on 203 the lot; (v) there are no sales to the general public of products or merchandise from the 204 home, except for agricultural products, or agricultural-related products, incidental to an 205 agricultural operation on which the dwelling unit is located; and (vi) the activity is 206 specifically designed or conducted to permit no more than one (1) patron, customer, or 207 pupil to be present on the premises at any one time. Notwithstanding the provisions of 208 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 5 209 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 210 persons on the premises at any one time in connection with the performance of such 211 rites, provided that all other requirements of subdivision (b)(2) are met. The following 212 are specifically prohibited as accessory activities: Convalescent or nursing homes, 213 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 214 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 215 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 216 accessory use to the dwelling. 217 218 219 220 ARTICLE 5. RESIDENTIAL DISTRICTS. 221 222 223 224 Sec. 501. Use regulations. 225 226 (a) Principal and conditional uses. The following chart lists those uses permitted 227 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 228 respective residential districts shall be permitted as either principal uses indicated by a 229 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 230 shall be prohibited in the respective districts. No uses or structures other than as 231 specified shall be permitted. 232 — — Uses 1 Residential Districts R- R- R- R- I R- I R- R- R- R- R- 40 30 -4030 20 15 10j7.55D ; 5RI5S 2.5 Home sharing meeting the PPPPPP P P I P P requirements of section 209.6 Short term rental CCCCC C C C C C 233 6 234 (b) Accessory uses and structures. Uses and structures which are customarily 235 accessory and clearly incidental and subordinate to principal uses and structures and 236 where such accessory structures do not exceed the height of the principal structure and, 237 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 238 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 239 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 240 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 241 the principal structure. Such accessory uses and structures include but are not limited 242 to: 243 . . . . 244 245 (7) Rental of rooms in a dwelling or the entire dwelling for more than thirty 246 (30) consecutive days is an accessory use to the dwelling. 247 248 ARTICLE 6. -APARTMENT DISTRICTS 249 250 . . . . 251 252 Sec. 601. - Use regulations. 253 254 (a) Principal and conditional uses. The following chart lists those uses permitted 255 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 256 respective apartment districts shall be permitted as either principal uses indicated by a 257 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 258 shall be prohibited in the respective districts. No uses or structures other than as 259 specified shall be permitted. 260 Use A-12 IA-18 A-24 A-36 1 J Home sharing meeting the requirements of section 209.6 I C ` CC C " ' • Short term rental C CC I C — r 261 262 (b) Accessory uses and structures. Uses and structures which are customarily 263 accessory and clearly incidental and subordinate to principal uses and structures, 264 including but not limited to: 265 266 267 7 268 ) Rental of rooms in a dwelling or the entire dwelling for more than thirty 269 (30) consecutive days is an accessory use to the dwelling. 270 271 272 273 ARTICLE 9. - BUSINESS DISTRICTS 274 275 . • . • 276 277 Sec. 901. - Use regulations. 278 279 (a) Principal and conditional uses. The following chart lists those uses permitted 280 within the B-1 through B-4K Business Districts. Those uses and structures in the 281 respective business districts shall be permitted as either principal uses indicated by a 282 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 283 shall be prohibited in the respective districts. No uses or structures other than as 284 specified shall be permitted. 285 B- B- ' B- B- B- B- B- Use II1 1A 2 i3 4 4C � 4K . . . . -- -- r - Home sharing meeting the requirements of section 209.6 X X XIX P P P Short term rental X X X X C C C I . 286 287 (b) Accessory uses and structures. Uses and structures which are customarily 288 accessory and clearly incidental and subordinate to the principal uses and structures, 289 including, but not limited to: 290 291 . . . • 292 293 ) Rental of rooms in a dwelling or the entire dwelling for more than thirty 294 (30) consecutive days is an accessory use to the dwelling. 295 296 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 297 298 Sec. 1110. - Land use regulation. 299 300 8 301 302 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 303 A-12 Apartment District other than hospitals and sanitariums, together with the 304 following enumerated uses and structures, shall be permitted: 305 306 (1) Fraternity and sorority houses, student dormitories and student centers; 307 308 (2) Housing for seniors and disabled persons, with a conditional use permit; 309 310 (3) Marinas; 311 312 (4) Private clubs or social centers provided that clubs where conduct of commercial 313 affairs is a principal activity shall not be permitted; and 314 315 (5) Residential care for seniors, provided that no more than two (2) employees 316 including a bona fide resident of the dwelling shall be permitted..-; and 317 318 ) Home sharing meetinq the requirements of section 209.6. 319 320 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 321 322 (1) Communication towers; 323 324 (2) Family day-care homes; 325 326 (3) Group homes; 327 328 (4) Kennels, residential; 329 330 (5) Religious uses; 331 332 (6) Wind energy conversion systems, free standing and roof-mounted; and 333 334 (7) Home-based wildlife rehabilitation facilities, provided that the principal 335 structure is a single-family dwelling and the lot is greater than two thousand 336 five hundred (2,500) square feet.; and 337 338 L) Short term rental. 339 340 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 341 342 . . . . 343 344 Sec. 1125. - Allowed uses. 345 346 Within the PD-H2 District, only the following uses and structures shall be permitted: 347 9 348 (a) Principal uses and structures. 349 350 (1) Dwelling units of the types specified in the land use plan; 351 352 (2) Public buildings, structures, and other public uses; 353 354 (3) Recreational facilities of the type described in the plan; 355 356 (4) Child care education centers, in connection with public or private 357 elementary schools or churches, provided that such uses shall not be 358 eligible for residential density credit; 359 360 (5) Day-care centers, provided that such uses shall not be eligible for 361 residential density credit; 362 363 (6) Public utilities installations and substations; provided offices or storage or 364 maintenance facilities shall not be permitted; and provided, further, that 365 utilities substations, other than individual transformers, shall be surrounded 366 by a wall, solid except for entrances and exists, or by a fence with a 367 screening hedge five (5) to six (6) feet in height; and provided also, 368 transformer vaults for underground utilities and like uses shall require only 369 a landscaped screening hedge, solid except for access opening..-; and 370 371 (7) Home sharing meeting the requirements of section 209.6. 372 373 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 374 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 375 a dwelling or the entire dwelling for more than 30 consecutive days is an accessory use 376 to the dwelling. 377 378 (c) Conditional uses. 379 380 (1) Religious uses, provided that such use shall not be eligible for residential 381 density credit; 382 383 (2) Family day-care homes; foster homes and group homes, provided that such 384 uses shall not be eligible for residential density credit; 385 386 (3) Home occupations 387 388 (4) Housing for seniors and disabled persons..-; and 389 390 (5) Short term rental. 391 392 . . . . 393 394 C. RT-3 RESORT TOURIST DISTRICT 10 395 396 . . . . 397 398 Sec. 1521. Use regulations. 399 400 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 401 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 402 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 403 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 404 buildings within the RT-3 District may include any principal or conditional uses in 405 combination with any other principal or conditional use. No uses or structures other than 406 those specified shall be permitted. All uses, whether principal or conditional, should to 407 the greatest extent possible adhere to the provisions of the Special Area Design 408 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 409 Plan. 410 Use -- RT-3 Home sharing meeting the requirements of section 209.6 I P Short term rental C 411 --------___ -- - _- _ — ------- —J 412 (b) Accessory uses and structures : Uses and structures which are customarily 413 accessory and clearly incidental and subordinate to the principal uses and structures; 414 provided, however, that drive-through facilities shall not be permitted as an accessory 415 use: 416 . . . . 417 418 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 419 (30) consecutive days is an accessory use to the dwelling. 420 421 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 422 423 . 424 425 B. - DEVELOPMENT REGULATIONS 426 427 . . . . 428 11 429 Sec. 2203. - Use regulations. 430 431 (a) The following chart lists those uses permitted within the Central Business Core 432 District. Uses and structures shall be allowed either as principal uses, indicated by a 433 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 434 shall be prohibited, unless allowed by special exception for Alternative Compliance 435 pursuant to Section 2205. No uses or structures other than as specified herein or as 436 allowed pursuant to subsection (b) shall be permitted. 437 Use District CBC I Home sharing meeting the requirements of section 209.6 P_ j - l Short term rental C 438 439 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 440 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 441 use permitted by this section, either as a principal or conditional use. In determining 442 whether a proposed use is similar to a listed use, the Zoning Administrator shall 443 consider (1) the actual or projected characteristics of the proposed use in comparison 444 to those of the most similar listed use; and (2) the categorization of the proposed use 445 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 446 rooms in a dwelling or the entire dwelling for more than thirty (30) consecutive days is 447 an accessory use to the dwelling. 448 449 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 450 451 Sec. 5.2. Permitted Use Table. 452 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Floors Ground Upper All Floors All Floors Use Standard USE Floor Floors Floor Floor Floors /Notes LODGING Home sharing - L _ = L L L = See Sec.209.5 meeting the requirements of section 209.6 meeting the requirements of section 209.6 12 Short term rental = C - - C C C - See Sec.241.2 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: falbi�1 Planning De4a ment / City Attorney'. : •'ce CA14135 R-11 February 15, 2018 13 D4 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 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. Mr. Thornton: Thank you. Now we would take up item number D4 and should we read that into the record again? Are we okay with? Ms. Rucinski: I think we are okay. Mr. Thornton: Okay. Item D4 is essentially alternative two from when we got started and we have Mr. Ripley and Mr. Horsley came today with some suggestions as to how to modify that and I think Mr. Ripley would want to make an substitute motion for alternative two. Mr. Ripley: Yeah, I do want to make a substitute motion and it's alternative two, revised dated 2/14/18, and we passed that after day but what I want to first talk about is that the planning commission has worked pretty hard on putting together the planning commission version, which is the next item down on the agenda and in that there were number of things that Don and I, we mentioned Don because Don and I are kind of brought this forth to the commission, but the first thing was it was in a modification of the parking plan, which everybody is saying, a parking plan demonstrating how one parking space for every bedroom shall be provided, stake parking shall be permitted. Such plans shall be reviewed for re-approval of the zoning administrator or there is any appropriate to the zoning district and 1 the adjacent neighborhood. There was also a change that was we thought would made a lot of sense was the two consecutive calendar being added to the punitive provisions of the law of the proposed ordinance, item number five and then the other modification there was no more than two rentals per contract during any consecutive seven days instead of one and then modifying the insurance to 500,000 instead of a million dollars and omitting the emergency exit in the structure of provision and that dealt really with mostly with the home sharing in a short-term rental, the same provision regarding the parking would apply. The same provision, and a modification to the notice in the event there was an incident at the property and I will read this, the owner or the owner's agent must be identified and able to present on-site within a reasonable time of approximately 60 minutes of being contacted any time during the rental period. The other provision that we modified in this, we are modifying alternative two by the way, I should have said that on the front end that there shall be no more than two rental contracts during any seven days consecutive period and then modified also again in the short-term rental the insurance requirement to 500,000 and the maximum number of people after 11 shall be instead of two would be three individuals plus two additional persons and then also the inspection period required a 24-hour notice before the city would actually inspect a property. So those were the modifications and in this instance, this is a provision in that, no other changes were made. Okay. So in alternative two, there is a grandfather 2 clause that a grandfather is everything up until January 1 of this year subject to some conditions regarding the commissioner of revenue and so that would be part of what would happen if there was a majority of members on this commission that would support this. So you know, we are not, it is lot about Sandbridge and rightly so, but we are really dealing with the whole city here. We are dealing with Baylake, you know on the Ocean front, Chic's Beach, the North End, Groveton, Sandbridge, it's a lot of lot of property and we cannot jump lump it all on Sandbridge, maybe Sandbridge at some point, this was just off the site but maybe Sandbridge come back and think about an overlay of that something that would make a difference in that particular district because they feel like things were some special but in this sitting, on this seat and in this commission, we are looking at the whole city, we are not looking just at one district. So I think we need to take all that in consideration. We have heard testimony from all of the city, we have received how many emails from all over the city pros and cons all these things were talking about and one of the speaker said that we need to think in term of more moderate and balanced approach, the gentleman with came up, that's the English professor at Norfolk State, and I said reasonable recommendation this way I was looking at it and I think this is the good place to start, so the amendment is the substitute motion and Don do you want to say anything for this, before I would make this motion? 3 Mr. Horsley: Yeah, I would like to because Ron and I had conversation just today and Ron [Inaudible] [03:54:55] to go through this thing and I applaud him for that. The thing that bother me the most about as this thing was coming down, we have to make a decision one way the other was the protection of the neighborhood and you know, I feel the Sandbridge has got its thing going and you know I am not the one who is concerned about that as I am some of the other neighborhoods within our city and as I spoke this morning in the session, you know, we are trying to drive something for the whole city and I really don't think it's really possible to do that and make it work right, it just, but we are going to try and do the best we can and I am sure it will get, it will have our vision and whatever but when we have to, when we are given the test to try to drive something, we do the best we can, so that's one of my main concerns is we had with some way to protect the neighborhoods in the other parts of the city who aren't use to the short- term rentals like Sandbridge and some of the Ocean Front and North Beach is, they are not used to these and when they start popping up in the areas in neighborhoods and that's concerning to me and I think it's concerning some of the neighbors too and the residents in those neighborhoods. So that's a reason I would support these changes in to our alternative two [Inaudible] [03:56:28] to you, so that's the main reason that we do this and I hope, we don't create too many enemies rather but the conditional use permit process which goes along with that alternative is one way that I think we can help protect the neighborhoods and that's 4 the main reason. I am not a big fan of adding extra word to planning say but I think that's one way that we can help and protect the neighborhoods and I think one speaker said if we go ahead and allow our thing by right, it's hard to go back and take it and at a later time, when you find that there is a problem with it, and I agree with that. So if we go this route, and if there is something that needs to be change at a later date, I think we can but that's my comment at this time. Mr. Ripley: So ifs grandfathered and any conditional use permit is for anything going forward, everything in the past grandfather based on what it said in this ordinance, so my substitute amendment is the alternative two that revised on 02/14/18 of the top that was handed out to you today and that's my motion. Mr. Thornton: Before we, I think there are still more questions, before we call for the vote? Unknown Speaker: I made the motion, we got a second [Crosstalk]. Mr. Thornton: We need to keep working at it and I think Jeff, Mike, and David. Mr. Hodgson: I mean I have been struggling everyday with whether CUP or no CUP and whether what I am going to refer to is D4 which would be the supplement would have the teeth to protect the home owners more so than D5 would, so really trying to think but the home owners will ask Barry how many short-term rentals we had last year registered and you said approximately 1400. 5 Mr. Frakenfield: Yes. Mr. Hodgson: So if we had just say that same number going forward for this coming year that would be about 120 CUPs, we would have to see in a meeting like today is I mean, if my math is correct and the staff we have to work on and I don't know how we can do that. I mean, and that's if the number stayed the same at 1400, if it cut in half, then you had 700, you so have to divide 700 applications over a course of a year and that's. Planning Commissioner: I need to clarify something. Planning Commissioner: Yeah, I have a problem with that math and oh, I am not good at math, but if we had 1400, those all would be allowed, so all you would be new incremental. Mr. Hodgson: That's what I am saying though is that last year, there were 1400 new ones that came on live. Unknown Speaker: Yeah, that would be once it had been [Crosstalk]. There were 1400 that had been in for 10 years. [Crosstalk] Mr. Hodgson: Okay, well how long did it take to accumulate those 1400? I mean? Unknown Speaker: Forever. Unknown Speaker: We have no idea. Mr. Hodgson: Oh, I thought you were telling that by after registration requirement. Unknown Speaker: No, these are ones that have been out there forever or you know, they are just once, you now, they are now that we know about. 6 Mr. Thornton: Any other questions from the left? David, Mike, okay David? Mr. Weiner: Couple of things, conditional use permit, I have heard from number of us here that we don't want to regulate this and my feeling is we do conditional use permit, staff comes up with the conditions, people come front and talk in front of us, we came up with more conditions and then on top of that they have the regulations or the ordinance. To me that's over regulating and I don't think that we need to do that. To the neighborhood protection just because of the CUP and there is a [Inaudible] [04:00:23] having a party this weekend, they have party every night does not matter if you have the CUP or not, if they gets out of hand and you call the police, I don't see how that the CUP is going to help that. I think the neighborhood, I think the regulations in this is going to and being regulated having the ordinance and that's going to help out the neighborhood, I think it's up to the people, they are going to have to call the police or whatever they does to take care of the problem. I think also if we think about to like this when we have a home based business come in front of us, if CUP whether it's gone or whatever, the only thing we can do or think about is parking. We have a parking plan in this regulation, we might be come up with some other things but I think the parking is going to be the number one thing and Karen I have said this couple of times there is no tool to regulate the conditional use permit and I guess the biggest thing I have a problem with also is no way to be consistent with the conditional use permit, how can one person come up here and came in 7 front of us [Inaudible] [04:01:32] something or other because I don't, what it could be, and then another person come up pretty much the same thing and let him have a conditional use permit. We have to be consistent and there is no tool to be consistent, that's all I have. Mr. Thornton: Dave Redmond and Inman? Mr. Redmond: I think that I am going to oppose Mr. Ripley's substitute. The biggest problem I have with the conditional use permit is it is fundamentally unfair. It creates a system of haves or have not. You either have property rights or you don't and for someone who might have owned house for 50 years, if they decide that they need a help now in retirement paying for the mortgage and say they do like a one gentlemen said living a part of the year and want to do it on short-term, he said I done a short-term basis for certain number of months, they have to go through the conditional use permit process, that means time and it means money and all the people don't. I don't understand how that can possibly be fair, just you know, if you can get down into the wire, then you have to go through all of that and that just I don't know how to square that, the question of and the grandfathering wishes the fundamental on fairness in my view comes back to the whole conditional use permit, probably no conditional use permit and don't have to worry about that part. So all along it has been cleared to me that this process that we have been in is going to be disrupted, so I mean if you are thinking that this is not going to be disruptive in some ways, you better wake up and smell the coffee because it is and that's one 8 of the reasons why I haven t liked it all that much. I think it's simply is altogether too onerous to expect someone to get a conditional use permit for their own residence, which they might have spent 10 years acquiring the down payment for and I know the 30 years to buy and say now you are going to have to go through this step and you are going to be second guest by handful of busy bodies who don't like any of these things because they want to know who is in your house, you know, it's your house. It just seems to me altogether too onerous and we ought might go down pass like that with people private property rise, if you have a problem with someone parking in your driveway get the car towed, if you have problem with someone being disruptive and they are on drugs, and hanging hammocks from your trees, call the cops, it's your property but the idea that we treat every potential short term rental is something that requires this, you know, this hurdle to get over, we treat every single one like it's [Inaudible] [04:04:17] animal house, strikes me as altogether false and this is just too much to ask of people with assists that after all they acquired on their own, so I think just that's too much and I cannot swallowed once swallowed, I am going to vote against Mr. Ripley substitute, frankly I am going to hold my nose to vote for D5 because I don't particularly care for that, I think we made a hash of this and you know, I cannot wait for this to get up to city council and let them grabble with all these issues in a same way we have because they are ones who sent it down to us with this artificial dictate that it has to be done right now whether the sky is going to fall, so 9 we have had these things for at least 100 years we have had short-term rental, so I don't know what the [Inaudible] [04:05:04] so I.would urge folks to oppose Mr. Ripley's alternative and support when we eventually get their D5 albeit, you know, reluctantly on my part, thank you. Mr. Thornton: Mike Inman? Mr. Inman: Thank you, thank you very much. [Crosstalk] I just wanted, I guess emphasized the fact that we kind of need to strike a balance, so after property rights but at the same time protecting neighborhoods, how do we do that, how do we go about that as gently as we can, would that imposing anymore restrictions and we can and I don't think a conditional use permit needed to do that and hearing speakers today and emails we have gotten, I think parking is a big deal, I think we can protect our neighborhoods a lot with the parking requirements and I need to make sure that some folks here, all of folks here understand that the parking plan illustrating, you know, how the space for each bedroom is going to be provided does not mean on-site, it was drafted that way but now it can be satisfy with offsite arrangements that are proven to the zoning administrator, so these regulations we have got are approaching important issues, I think we have got to narrow down what needs to be done, we got rid of the emergency exit sign planning and some more couple of other things and I would support that but I cannot support a conditional use permit, it's too much of a burden economically, economic development wise, in general it's too harsh. 10 Mr. Thornton: Okay Jan, wants to speak. Ms. Rucinski: Okay, so this is one of the things that I have been thinking and I heard it a number of times today is that one size does not fit all and I am, the people from Sandbridge have an absolutely different opinion from some of the speakers we heard from other areas of the city and I think that's because that area is uniquely different than other areas of the city. So I am not sure, I am really grabbling with the fact that I don't admit with anything we have come up with is the right answer, I don't quite frankly know what the right answer is, I do agree that trying to rush it through is just the fact of life that we have got to do that, but I just I really think there needs to be more work on it and I think at this point it's going to have to be done at the city council level because we have been mandated to send something out, but I just think we need to really send the message and remember that we cannot always do the same thing for every area of the city because they are so different and so unique and I think in order to respect the property values to expect the neighborhoods, I think we need to find a way that be able to provide some regulation for those people who are in neighborhoods that needed and those that are traditionally rental neighborhoods and especially short-term rental neighborhoods, the Ocean Front, Sandbridge that it needs to be looked at differently and I think you have made the comment about that earlier that maybe there needs to be an overlay for Sandbridge and something else differently but I don't know how we get there. 11 Mr. Thornton: Dee? Ms. Oliver: I just wanted to talk about the CUP for a second and I know there were several people that mentioned that we do that with daycare centers, which is true, we do, we do that for gun sales and I thought about this, I mean, that's all we have thought about for weeks, months. When we do a daycare center, it's different. It's an existing use, we understand, everybody understands how it works, you know, how many children per adult, there needs to be a fence, we stagger the drop off and pickup times so that we can regulate the traffic. It's a use that we understand how it works. Short-term rental is so individual according to how someone actually runs their house, their business, how they conduct their rentals, it's not a use that you can before it's in place, actually understand how that particular person is going to use it, sort of like sort of equated with the hotel, when we want the hotel goes up, it's either going to be a really good one, it's going to be clean and have good food and nice sheets and things like that or it's going to be one has got bid bugs and you are not going to go there and they are not going to clean it well. You don't know it until it's already starts to happen in the after fact and so to put a conditional use permit on something before it's already in place, it makes it difficult for us to be objective and fair, so if you just have a lot of opposing opinions against it, because they just don't want it. It just, it makes it difficult for us to do what we are supposed to do correctly and that's why I am oppose to it, I think that with the registration and the noise and all of a city codes 12 in place in the parking and the amount of people and the event permit in place and all the other things, I think that will actually do the job of a CUP, I just don't think that it would be really hard for me, I know personally to be objective on something that has not happened yet. Mr. Thornton: Karen? Ms. Kwasny: I think each one of us feels it's necessary to say just a little bit on this because it affects so many of you and the English professor actually said it would take a nuanced approach to do this right, which would mean addressing each item separately which is what Jan was saying will be really nice if we could do and obviously we don't have the time to do that and were working to move this forward. I also remember somebody saying that they felt as though we had not taken into consideration, residential communities, they are historically residential and how they are going to be affected and well I don't necessarily take offense to that, that's a little too strong, I am bothered by it because I think part of the reason all of us should comment on this and how we feel about it is because we have all taken it home with us and thought deeply about it and it's affected our sleep, our relationships, you know, conversation constantly and so all elements of it not just one and the CUP for instance for me has been, you know, kind of a linchpin I keep going back to it, going forward with it in my mind and then pulling back on it because I would really like as you heard me saying another application that quality of life and you know protection of communities, it is important to me, but the CUP bothers me 13 the most because there is no way to make it an expedient process, somebody wants to come into the short-term rental and they want to get started right away, it's going to be costly and it's going to be time consuming and so we are going to prevent them from doing that. Two, we don't have as David and I have talked about and as he pointed out, we don't have an objective consisting assessment tool that can be applied each time that makes a problematic to me. Finally, it seems to me that the registration and the ordinance were creating already feel very stringent to some people, we have had a lot of people come forward and say this is going to be cumbersome, this element is going to affect me in a negative way, so as Dee said we may have already provided enough protections tool not necessitate the CUP, I don't know how else to better articulate that, but that's where I am right now that the CUP is not necessitated because we have created ordinances that maybe cumbersome to some and therefore may protect residential communities better and so after a long thought that's where I land. Mr. Thornton: Jack, your turn. Mr. Wall: My turn, I think we thought deeply and we have quite a few points, we haven't really dealt into these points but you know I kind of echo Karen in that we have, you know, addressed a lot of the issues through the 15 or so points that we provided in the ordinance and 14 because we struck the emergency exit point,but I am in, I am favor of not having a CUP. 14 Mr. Thornton: Okay, well, I will just add a couple of thoughts in a perfect world if we could do this what I would love to see is to have runs amended alternative and totally exempt Sandbridge, we cannot, you know, I don't know whether we can do that or not, we have already decided we don't want to have overlay, so we can do that. Unknown Speaker: With an overlay. Mr. Thornton: But we have decided, we don't want to bother the logistics of an overlay district, so we have got professor said it, I actually written it down before he spoke, there is no one size fits all and if we do something that overburdens one part of the city and the other part of the city says you are not doing enough for us then I suggest the city feels that way, you know, there is a City Council, there is a planning staff and we certainly are not going to every close our door to deal with this as it needed to be tweaked. So I am fearful of a CUP because it's inconsistent, it's back to Dave's idea about creating inconsistency so I am, I guess we are ready to call for the question on your amended. Unknown Speaker: Yeah, call for the question on the substitute and there is one, and it does not sound like it's went our way so that's fine but I did, there was a technical correction that January mentioned, there is a commission of revenue date should be January not 2017, 2018, January 01, 2018. 15 Mr. Thornton: I am glad you brought that to my attention the law was actually effective July 01, 2017, so I am going to ask you should it be consistent with the date of the ordinance or does it really matter? Mr. Ripley: It does not really matter, this would just make everybody who had had one that was registered and paid their taxes by January, a month ago. Mr. Thornton: Okay, good, I picked it up but I am not sure it's going to matter. Mr. Ripley: But I think it will, but you know, I just will point out that the planning director is going to have to review every one of these in the city thus far parking and meet all these requirements, so you talked about regulations, these going to really be [Crosstalk]. You know, what to do on this by right and making it by right throughout the city so you know, it's hard to come back from that so with conditional use permit at least we have a place to go one way the other so I will just want to point that out where you vote in way that and you have and purpose of this is to have the discussion, consider it and move on. Mr. Thornton: Thank you. Mr. Horsley: I echo what Ron said and there is no way I could have sit here today [Inaudible] [04:17:30] my thoughts about this and I am glad we had an opportunity if we go down, I am not always in the winning side, so does not make any difference but I just feel for the people like the gentleman said that he had been in his neighborhood for 50 years and then all of a sudden someone decided to sell the house, you know, stable 16 neighborhood, [Inaudible] [04:17:53.9] people in there every week, you know, so I think that affects neighborhood and that's what bothers me the most about the whole thing is his old neighborhood where people being there for many years and house goes up for sale and someone who sees a business opportunity to go and buy and start renting and I think that's what my main concern is, like I said, you know, I got a house in Sandbridge, I love the people in Sandbridge, you know, we love it down there, I went there to sell my house or rent it either one for that matter, I love it too much, but you know, they got their own thing, but it probably, we probably missed that boat early on Barry when we didn't say let's put overlay district and maybe overlay districts and maybe we could have fixed it better that way and it may come to then in the future, I don't know but anyway I thought this was the best way to get started, it could be tweaked in the future but if you go in by right, it's done deal. Mr. Thornton: Jan? Ms. Rucinski: Okay so I have a question okay, maybe you can answer this. So [Inaudible] [04:19:02] by right it becomes a done deal and then it can never go back. Ms. Wilson: It can go back but everything is nonconforming up to the point where you take it back, so you will have all the nonconformities to deal with. Do you understand? Ms. Rucinski: No. 17 Ms. Wilson: Okay, when you decide you are going to make it a permit of use, okay, and then in six months it was just Mayhem so we decided no, no, we are going to make it a conditional use, will anything that has been done between those periods is grandfather, not grandfather, nonconforming because we had changed an ordinance on some money who is doing something legal, okay. Ms. Rucinski: So it wouldn't that be the same as the people now that it would be grandfather [Inaudible] [04:19:44]. Ms. Wilson: No, it's a different concept. Very closed and sometimes you could use the terms interchangeably, but the grandfathering has to be done specifically by a legislature, it cannot be done by an act like a changing the ordinance and it has to be specifically said out in the ordinance that you are grandfathering these people and you make a distinction of who you grandfathering. If you go and you change the zoning ordinance, people who are legal under the old one, then become nonconforming. Okay, so they won't have to get a CUP. Unknown Speaker: Okay. Mr. Thornton: So you have made a motion, we have a second, so we call for the question and this is to vote in favor of or against item number D4. Well we are voting either to approve this, he is made a motion to approve it, you can vote in favor of that, you are approving his substituted motion, if you put 18 the red button, you are voting against his substituted motion. That's right, you are ready? Unknown Speaker: We are ready. AYE 09 NAY 0 ABS 02 ABSENT 0 HODGSON AYE HORSLEY ABS INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY ABS RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Unknown Speaker: [Inaudible] [04:21:18]. 19 B ? T, NN /..r^yh;�E4) L...., CITY OF VIRGINIA BEACH AGENDA ITEM J 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 [ALTERNATIVE 3] MEETING DATE: March 20, 2018 • Background: City Council conducted a workshop to discuss short term rental regulations on March 13, 2018. At the conclusion of the discussion, City Council proposed that all short term rental ordinances scheduled for consideration on March 20, 2018 be Deferred for 60 days. The vote to defer these items shall be considered on March 20th. 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 Staff's evaluation are provided in the attached Staff report. Opposition was present at the public hearing. Planning Commission considered alternative three and made several changes to the regulations proposed in the version drafted by Staff. A new version of this alternative was substituted for consideration. • Recommendations: City Staff defers to the Planning Commission. The Planning Commission did not consider this alternative. City of Virginia Beach — Home Sharing - Short Term Rentals - Alternative 3 Page 2 of 2 • Attachment: Staff Report Recommended Action: Staff recommends Deferral. Planning Commission recommends Deferral. City Council Action: City Council plans to Defer this item for 60 days. Submitting Department/Agency: Planning Department „/'' City Manager: .jam Applicant City of Virginia Beach Agenda Item Public Hearing February 14, 2018 Accessory Use —Short Term Rentals D 5 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 Accessory Use-Short Term Rental. Summary of Request This item was deferred at the December Planning Commission meeting to allow for further consideration. Since that meeting,the Planning Commission held two workshops (January 24th and February 7th). During these workshops,the Planning Commission discussed the proposed options for short term rental regulation, including the implementation of an overlay district,the use of"grandfathering",and requiring a conditional use permit.Several key issues dealing with regulation were discussed at length and are listed below. • Occupancy limitations for short term rentals; • Number of rental contracts permitted in a seven day period; • Accommodation of off-street parking and parking requirements; • Insurance requirements; • Permitting of larger(special) events;and • The accessibility and availability of an emergency contact. Based on the discussions at these workshops, Planning Commission does not have an official direction prior to the creation of this staff report. Recommendation Staff does not have a recommendation regarding this agenda item at this time. City of Virginia Beach Agenda Item D5 Page 1 �'S sru.,y i! `' i C�l:` tiYly CITY OF VIRGINIA BEACH AGENDA ITEM I 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 [ALTERNATIVE 3 - PLANNING COMMISSION VERSION] MEETING DATE: March 20, 2018 • Background: City Council conducted a workshop to discuss short term rental regulations on March 13, 2018. At the conclusion of the discussion, City Council proposed that all short term rental ordinances scheduled for consideration on March 20, 2018 be Deferred for 60 days. The vote to defer these items shall be considered on March 20th. 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 Staff's evaluation are provided in the attached Staff report. Opposition was present at the public hearing. Planning Commission considered alternative three and made several changes to the regulations proposed in the version drafted by Staff. A new version of this alternative was substituted for consideration. Several changes to the Staff drafted version were made and are listed below: 1 . One parking space per bedroom and a parking plan submitted to be approved by the Zoning Administrator, instead of a minimum of two off- street parking spaces. City of Virginia Beach — Home Sharing - Short Term Rentals- [Alternative 3 - PC Version] Page 2 of 2 2. A summary of applicable City Codes must be posted, instead of the full text. 3. Two rental contracts per seven day period, instead of one. 4. $500,000 insurance required, instead of $1 million. 5. Occupancy of three persons per bedroom plus an additional two persons, instead of two persons per bedroom plus an additional four. 6. Signs displaying house names are exempt from the signage requirements. 7. Information needs to be provided for a contact, instead of a contact being able to be on site within 30 minutes. 8. No exit signs are required. 9. Inspections require a 24 hour notice, instead of being any reasonable time following notice. This alternative was supported by ten Planning Commissioners. • Recommendations: City Staff defers to the Planning Commission. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-1. • Attachment: Staff Report Recommended Action: Staff has no recommendation. Planning Commission recommends Approval. City Council Action: City Council plans to Defer this item for 60 days. Submitting Departme f./Agency: Planning Department rnr City Manager: ‘ , Applicant City of Virginia Beach Agenda Item Public Hearing February 14, 2018 Accessory Use — Short Term Rentals D 5 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 Accessory Use-Short Term Rental. Summary of Request This item was deferred at the December Planning Commission meeting to allow for further consideration. Since that meeting,the Planning Commission held two workshops (January 24th and February 7th). During these workshops,the Planning Commission discussed the proposed options for short term rental regulation, including the implementation of an overlay district, the use of"grandfathering",and requiring a conditional use permit. Several key issues dealing with regulation were discussed at length and are listed below. • Occupancy limitations for short term rentals; • Number of rental contracts permitted in a seven day period; • Accommodation of off-street parking and parking requirements; • Insurance requirements; • Permitting of larger(special) events; and • The accessibility and availability of an emergency contact. Based on the discussions at these workshops, Planning Commission does not have an official direction prior to the creation of this staff report. Recommendation Staff does not have a recommendation regarding this agenda item at this time. City of Virginia Beach Agenda Item D5 Page 1 1 2 PLANNING COMMISSION VERSION 3 ALTERNATIVE 3 4 5 AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 6 601, 901 , 1110, 1125, 1521 AND 2203 OF THE CITY 7 ZONING ORDINANCE AND SECTION 5.2 OF THE 8 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 9 AND ADD SECTIONS 209.6 AND 241 .2 OF THE CITY 10 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 11 REQUIREMENTS AND USE OF HOMESHARING AND 12 SHORT TERM RENTAL 13 14 Sections Amended: City Zoning Ordinance Sections 111, 15 401, 501, 601, 901 , 1110, 1125 and 1521 and Oceanfront 16 Resort District Form-Based Code Section 5.2 17 18 Sections Added: City Zoning Ordinance Sections 209.6 and 19 241 .2 20 21 WHEREAS, the public necessity, convenience, general welfare and good zoning 22 practice so require; 23 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That Sections 111 , 401, 501, 601, 901 , 1110, 1125 and 1521 of the City Zoning 28 Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code are 29 hereby amended and reordained, and Sections 209.6 and 241 .2 of the City Zoning 30 Ordinance is hereby added and ordained, to read as follows: 31 32 ARTICLE 1. GENERAL PROVISIONS 33 34 . . . . 35 36 Sec. 111. Definitions. 37 38 . . . . 39 40 Home sharing. A dwelling in which a room or rooms are offered for rental for 41 compensation for a period of less than thirty (30) consecutive days by an owner who 42 utilizes the dwelling as his principal residence and occupies the dwelling during any 43 such rental. 44 1 45 Principal residence. Principal residence shall be the location where a person 46 lives fifty (50) percent or more of the time. 47 48 49 Short term rental. A dwelling in which a room or rooms or the entire dwelling are 50 rented for less than thirty (30) consecutive days for monetary compensation. 51 52 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 53 ALL DISTRICTS 54 55 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 56 PARKING, OFF-STREET LOADING, AND CERTAIN USES 57 58 . . . . 59 60 Sec. 209.6. Home sharing. 61 62 To the extent permitted by state law, each dwelling offered as a home share shall 63 maintain registration with the Commissioner of Revenue's office and pay all applicable 64 taxes. Adjudicated violations of three (3) applicable local, state or federal laws or 65 regulations in two consecutive calendar years may result in the revocation of said 66 registration. 67 68 . . . . 69 70 C. CONDITIONAL USES AND STRUCTURES 71 72 . . . . 73 74 Sec. 241.2 Short term rental. 75 76 1. A parking plan illustrating how one parking space for every bedroom shall 77 be provided. Such plan shall be reviewed and approved by the Zoning 78 Administrator or his designee, if appropriate to the zoning district and the 79 adjacent neighborhood; 80 81 2. No noise shall be created in excess of what is normally expected in a 82 residential neighborhood; 83 84 3. No additional traffic shall be created in excess of what is normally expected 85 in a residential neighborhood; 86 2 87 4. No events with more than fifty (50) people present, shall be held absent a 88 special events permit. Events with more than fifty (50) people are limited to 89 no more than three (3) events in a calendar year. No more than one 90 hundred (100) people shall be present at any event held on the property; 91 92 5. A telephone number or other information for an emergency contact shall be 93 provided; 94 95 6. No signage shall be on site, except that each short term rental is allowed 96 one (1), one-foot by one-foot sign, posted on the building, that identifies the 97 short term rental. Architectural signs naming the structure are exempted 98 from this requirement; 99 100 7. To the extent permitted by state law, each short term rental must maintain 101 registration with the Commissioner of Revenue's office and pay all 102 applicable taxes. Adjudicated violations of three (3) applicable local, state 103 or federal laws or regulations in two consecutive calendar years may result 104 in the revocation of said registration; 105 106 8. There shall be posted in a conspicuous place within the dwelling a summary 107 provided by the Zoning Administrator of City Code Sections 23-69 through 108 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on 109 the beach) and 12-43.2 (fireworks); 110 111 9. All refuse shall be placed in automated refuse receptacles, where provided, 112 and comply with the requirements of City Code Sections 31-26, 31-27 and 113 31-28; 114 115 10.There shall be no more than two (2) rental contracts during any consecutive 116 seven (7) day period; 117 118 11 .The owner shall provide proof of liability insurance applicable to the rental 119 activity of at least five-hundred thousand dollars ($500,000.00); 120 121 12.The maximum number of persons on the property after 11:00 p.m. and 122 before 7:00 a.m. shall be three (3) individuals per bedroom plus two (2) 123 additional persons; and 124 125 13.The City may inspect the property at any reasonable time, after 24 hours' 126 notice to the contact person and the owner, to verify compliance with the 127 provisions listed above. 128 129 ARTICLE 4. - AGRICULTURAL DISTRICTS 3 130 131 (a) Principal and conditional uses. The following chart lists those uses permitted 132 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 133 respective agricultural districts shall be permitted as either principal uses indicated by a 134 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 135 shall be prohibited in the respective districts. No uses or structures other than as 136 specified shall be permitted. 137 Use AG-1 AG-2 P P Home sharing meeting the requirements of section 209.6 P P Short term rental meeting the requirements of section 241.2 138 139 (b) Accessory uses and structures. Uses and structures which are customarily 140 accessory and clearly incidental and subordinate to principal uses and structures, 141 including but not limited to, an accessory activity operated for profit in a residential 142 dwelling unit where (i) there is no change in the outside appearance of the building or 143 premises or any visible or audible evidence detectable from outside the building lot, 144 either permanently or intermittently, of the conduct of such business except for one (1) 145 nonilluminated sign not more than one (1) square foot in area mounted flat against the 146 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 147 by such activity in greater volumes than would normally be expected in the 148 neighborhood, and any need for parking generated by the conduct of such activity is 149 met off the street and other than in a required front yard; (iii) the activity is conducted on 150 the premises which is the bona fide residence of the principal practitioner, and no 151 person other than members of the immediate family occupying such dwelling units is 152 employed in the activity; (iv) such activity is conducted only in the principal structure on 153 the lot; (v) there are no sales to the general public of products or merchandise from the 154 home, except for agricultural products, or agricultural-related products, incidental to an 155 agricultural operation on which the dwelling unit is located; and (vi) the activity is 156 specifically designed or conducted to permit no more than one (1) patron, customer, or 157 pupil to be present on the premises at any one time. Notwithstanding the provisions of 158 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 159 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 160 persons on the premises at any one time in connection with the performance of such 161 rites, provided that all other requirements of subdivision (b)(2) are met. The following 162 are specifically prohibited as accessory activities: Convalescent or nursing homes, 4 163 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 164 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 165 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 166 use to the dwelling. 167 168 . . . . 169 170 ARTICLE 5. RESIDENTIAL DISTRICTS. 171 172 173 174 Sec. 501. Use regulations. 175 176 (a) Principal and conditional uses. The following chart lists those uses permitted 177 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 178 respective residential districts shall be permitted as either principal uses indicated by a 179 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 180 shall be prohibited in the respective districts. No uses or structures other than as 181 specified shall be permitted. 182 Uses Residential Districts R- R- R- R- R- R- R- R- R- i R- 4030 20 ; 15107.5 5D 5R 5S 2.5 I i Home sharing meeting the PPPPPP PPP P requirements of section 209.6 � Short term rental meeting the requirements of section 241.2 PPPPPP P PPI P 183 184 (b) Accessory uses and structures. Uses and structures which are customarily 185 accessory and clearly incidental and subordinate to principal uses and structures and 186 where such accessory structures do not exceed the height of the principal structure and, 187 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 188 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 189 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 190 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 5 191 the principal structure. Such accessory uses and structures include but are not limited 192 to: 193 . . . . 194 195 (7) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 196 days or more is an accessory use to the dwelling. 197 198 199 ARTICLE 6. - APARTMENT DISTRICTS 200 201 . . . . 202 203 Sec. 601. - Use regulations. 204 205 (a) Principal and conditional uses. The following chart lists those uses permitted 206 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 207 respective apartment districts shall be permitted as either principal uses indicated by a 208 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 209 shall be prohibited in the respective districts. No uses or structures other than as 210 specified shall be permitted. 211 Use I A-12 A-18 A-24 A-36 PPPP Home sharing meeting the requirements of section 209.6 Short term rental meeting the requirements of section 241.2 PP PP 212 213 (b) Accessory uses and structures. Uses and structures which are customarily 214 accessory and clearly incidental and subordinate to principal uses and structures, 215 including but not limited to: 216 217 . . . . 218 219 (3) Rental of rooms in a dwelling or the entire dwelling for thirty (30) 220 consecutive days or more is an accessory use to the dwelling. 221 . . . . 222 223 ARTICLE 9. - BUSINESS DISTRICTS 224 225 . . . . 6 226 227 Sec. 901. - Use regulations. 228 229 (a) Principal and conditional uses. The following chart lists those uses permitted 230 within the B-1 through B-4K Business Districts. Those uses and structures in the 231 respective business districts shall be permitted as either principal uses indicated by a 232 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 233 shall be prohibited in the respective districts. No uses or structures other than as 234 specified shall be permitted. 235 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K Home sharing meeting the requirements of section X X XXP P P 209.6 Short term rental meeting the requirements of X X XXPP P section 241.2 . . . 1 1 1 1 1 236 237 (b) Accessory uses and structures. Uses and structures which are customarily 238 accessory and clearly incidental and subordinate to the principal uses and structures, 239 including, but not limited to: 240 241 . . . . 242 243 (2) Rental of rooms in a dwelling or the entire dwelling for thirty (30) 244 consecutive days or more is an accessory use to the dwelling. 245 246 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 247 248 . . . . 249 Sec. 1110. - Land use regulation. 250 251 252 253 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 254 A-12 Apartment District other than hospitals and sanitariums, together with the 255 following enumerated uses and structures, shall be permitted: 256 257 (1) Fraternity and sorority houses, student dormitories and student centers; 7 258 259 (2) Housing for seniors and disabled persons, with a conditional use permit; 260 261 (3) Marinas; 262 263 (4) Private clubs or social centers provided that clubs where conduct of commercial 264 affairs is a principal activity shall not be permitted; and 265 266 (5) Residential care for seniors, provided that no more than two (2) employees 267 including a bona fide resident of the dwelling shall be permitted; 268 269 (6) Home sharing meeting the requirements of section 209.6; and 270 271 (7) Short term rental meeting the requirements of section 241.2. 272 273 Sec. 1125. - Allowed uses. 274 275 Within the PD-H2 District, only the following uses and structures shall be permitted: 276 277 (a) Principal uses and structures. 278 279 (1) Dwelling units of the types specified in the land use plan; 280 281 (2) Public buildings, structures, and other public uses; 282 283 (3) Recreational facilities of the type described in the plan; 284 285 (4) Child care education centers, in connection with public or private 286 elementary schools or churches, provided that such uses shall not be 287 eligible for residential density credit; 288 289 (5) Day-care centers, provided that such uses shall not be eligible for 290 residential density credit; 291 292 (6) Public utilities installations and substations; provided offices or storage or 293 maintenance facilities shall not be permitted; and provided, further, that 294 utilities substations, other than individual transformers, shall be surrounded 295 by a wall, solid except for entrances and exits, or by a fence with a 296 screening hedge five (5) to six (6) feet in height; and provided also, 297 transformer vaults for underground utilities and like uses shall require only 298 a landscaped screening hedge, solid except for access opening; 299 300 (7) Home sharing meeting the requirements of section 209.6; and 301 302 (8) Short term rental meeting the requirements of section 241.2. 303 8 304 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 305 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 306 a dwelling or the entire dwelling for thirty (30) consecutive days or more is an accessory 307 use to the dwelling. 308 309 . . . . 310 311 C. RT-3 RESORT TOURIST DISTRICT 312 313 . . . . 314 315 Sec. 1521. Use regulations. 316 317 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 318 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 319 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 320 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 321 buildings within the RT-3 District may include any principal or conditional uses in 322 combination with any other principal or conditional use. No uses or structures other than 323 those specified shall be permitted. All uses, whether principal or conditional, should to 324 the greatest extent possible adhere to the provisions of the Special Area Design 325 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 326 Plan. UseT RT-3 P Home sharing meeting the requirements of section 209.6 Short term rentals meeting the requirements of section 241.2 P 327 328 (b) Accessory uses and structures : Uses and structures which are customarily 329 accessory and clearly incidental and subordinate to the principal uses and structures; 330 provided, however, that drive-through facilities shall not be permitted as an accessory 331 use: 332 333 . . . . 334 335 (2) Rental of rooms in a dwelling or the entire dwelling for thirty (30) 336 consecutive days or more is an accessory use to the dwelling. 337 338 9 339 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 340 341 . . . . 342 343 B. - DEVELOPMENT REGULATIONS 344 345 . . . . 346 347 Sec. 2203. - Use regulations. 348 349 (a) The following chart lists those uses permitted within the Central Business Core 350 District. Uses and structures shall be allowed either as principal uses, indicated by a 351 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 352 shall be prohibited, unless allowed by special exception for Alternative Compliance 353 pursuant to Section 2205. No uses or structures other than as specified herein or as 354 allowed pursuant to subsection (b) shall be permitted. 355 Use District CBC Home sharing meeting the requirements of section 209.6 Short term rental meeting the requirements of section 241 .2 356 357 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 358 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 359 use permitted by this section, either as a principal or conditional use. In determining 360 whether a proposed use is similar to a listed use, the Zoning Administrator shall 361 consider (1) the actual or projected characteristics of the proposed use in comparison 362 to those of the most similar listed use; and (2) the categorization of the proposed use 363 in the Standard Land Use Coding Manual (First Edition January 1965). 364 365 (b.1) Rental of rooms in a dwelling or the entire dwelling for thirty (30) consecutive 366 days or more is an accessory use to the dwelling. 367 368 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 369 370 . . . . 371 10 372 Sec. 5.2. Permitted Use Table. 373 MIXED-USE COMMERCIAL APARTMENT ROW HOUSE DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE BUILDING Ground Upper Ground Floor All Floors Ground Upper Use Standard USE Floor Floors Floor Floors All Floors All Floors /Notes LODGING Home sharing L L L L L See Sec.209.6 meeting the requirements of section 209.6 Short term rental _ L _ L L L See Sec.241.2 meeting the requirements of section 241.2 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's ice CA14135 R-12 February 14, 2018 11 D5 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 Code and Add Section 209.6 of the City Zoning Ordinance pertaining to the Definition, Requirements and Use of Home Occupation-Short Term Rental Mr. Thornton: Okay last item on the agenda today is item D5 and what we are going to call D5 is the planning commission version which is what we brought out of our meeting last Wednesday and it's essentially alternative three and we have amended it and we didn't call it alternative three, we have called it a planning commission version and this is up for discussion. We have gone through at this morning and I think we made, did someone else want to speak on this or you are all okay with me. Unknown Person: I will make a motion. Mr. Thornton: On item number 11, we have reduced the insurance to 500,000 dollars, Mike gave us a reasonable explanation for that because he spoke to an insurance professional and it's not practical for a people to buy million dollar policies. Item number 13, we have taken out the emergency lights, one of the things I am going to throw at his for discussion, a quick discussion. I heard it from several people own the signs, item number 6 is no signage, I would, may be like to consider something like architectural house signs would be accepted because we heard today in testimony the people has spent 100s of dollars for beautiful architectural signs and it seems like we are talking about a real estate sign be in one square foot, but [Inaudible] [04:22:59]. 1 Unknown Speaker: So maybe advertising sign? Mr. Thornton: Oh, I don't know when you go to Sandbridge and you go to [Inaudible] [04:23:07] banks people buy these very expensive gold leaf painted signs, it say? Unknown Female Speaker: The decorative home sign. Mr. Thornton: You know, Ron's palace or whatever you call it and I don't think we [Inaudible] [04:23:17] they cannot put those on the one of their vacation homes, so my thought was to add the word architectural house signs accepted, if that's not, I don't know how else you would call it? Unknown Person: How about architectural naming signs that way it would be the name of the house and it wouldn't be something else, so architectural naming signs? Mr. Thornton: We are okay with that? We would amend number six accordingly and we amend number 11 to 500, we strike number 13 and then let's see what else we decided over this, on that maybe it. Did I miss anything? So what we need is a motion to have a substitute alternative instead of voting on the original alternative three, we need to have a substitute alternative three, which is what we as a planning commission came forth with last Wednesday. So may I have the David Weiner? Mr. Weiner: I give it a shot. We approve item D5 with the substitute of the planning commission substitute motion planning commission version with the changes in item number six, signage to read architectural name signs, item 2 number 11 to say half million dollar liability insurance and to take out item 13 completely. Mr. Thornton: Do we have a second? Mr. Redmond: Second. Mr. Thornton: Mr. Redmond seconded the motion. Kay Wilson: Mr. Weiner you wanted to exempt architectural naming signs correct? Mr. Weiner: Not exempt to put [Crosstalk]. Kay Wilson: To exempt them from the one foot by one foot? Mr. Weiner: Oh yeah, I am sorry, I am sorry. [Crosstalk] AYE 11 NAY 1 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI NAY THORNTON AYE WALL AYE WEINER AYE Jan Rucinski: By the vote of 10-1, the commissioner has approved the application D5 to changes the [Inaudible] [04:25:32] of item 6 and 11 and to take out item 13. 3 Mr. Thornton: Okay, we have just one or two statements to make it with no other business; we can call it a day. I want to thank before we get to gravel, I would like to thank all of you all, this has been as Karen said, we have lived with this, left with this, talked about it, dealt with it, dreamed about it, had nightmares about it, since November and we have now come to the conclusion that we send it forward to City Council and so we just asked that you maintain your civic interest in it and go see City Council sometime in March. If there is no more further business, meeting adjourned. 4 K. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD PERSONNEL BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/06/2018 PAGE: 1 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P D N OK M S H L W O 0 Y L N A 0 0 R S 0 T R E E ENSM I 0 0 T T R Y S ES SNND CITY COUNCIL'S BRIEFING A. CITY HALL/CITY COUNCIL SPACE Thomas C.Nicholas, PROGRAM REVIEW Facilities Engineer— Public Works Tony Bell—Moseley Architects Josh Bennett— Moseley Architects II CITY MANAGER'S BRIEFINGS A. FY 2018-19 RESOURCE MANAGEMENT PLAN(Budget) CAPITAL IMPROVEMENT PROGRAM (CIP) I. ROADWAYS Phil Pullen, Transportation Division Manager— Public Works 2. COASTAL Daniel Adams, Coastal Program and Project Manager— Public Works 3. ECONOMIC VITALITY Kathy Warren, Director—SGA Office B. SPORTS CENTER OPERATING INTERIM Ronald H.Williams. AGREEMENT-Update Jr.,Deputy City Manager I[V CERTIFICATION CERTIFIED 10-0 Y Y Y Y Y A Y Y Y Y Y IVN A-E H. BID OPENING FRANCHISE FOR USE OF CITY RIGHTS- NO OTHER BID OF-WAY Construct,Install and Maintain Wireless Communications and Infrastructure PUBLIC HEARINGS 1. NON-EXCLUSIVE FRANCHISE USE NO SPEAKERS Cox Wireless Access,L.L.C. 2. EXCHANGE OF CITY PROPERTY NO SPEAKERS a. 5900 Drum Lane for Norfolk Airport Authority property 5833 Sandpit Road/three(3)adjacent lots in b. the Burton Station Neighborhood/1.7 acre parceVicertain drainage rights for DHW Joint Venture,L.L.C.,property CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/06/2018 PAGE: 2 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOKMS H LW O O Y LN AOOR S 0 TR E EENSM I 00 T T R Y S E S SNND J. PUBLIC COMMENT 1. SHORT-TERM RENTALS 58 SPEAKERS K.1 Ordinances to AMEND City Code ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Sections: CONSENT a. 2-120 re Extended Sick Leave b. 6-12,7-1,7-59, 7-59.1, 7-59.2,7-59.3, 7.59.4/7-59.6 re the definition of Electric Powered Utility Cart /Regulations for riding on the beach or boardwalk K.2 Ordinance to GRANT a Nonexclusive ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Franchise to Cox Wireless Access,LLC CONSENT re install, maintain/operate Wireless Facilities/Communications Infrastructure within the public streets/ROW K.3. Ordinances to DECLARE City property ADOPTED,BY 9-0 Y Y Y Y Y A Y A Y Y Y to be in EXCESS: CONSENT B a. 5900 Drum Lane and AUTHORIZE the S City Manager to EXECUTE all T disposition/EXCHANGE documents A with Norfolk Airport Authority I 5833 Sandpit Road; three (3) adjacent N b. lots in the Burton Station Neighborhood; E 1.7 acre parcel; and certain drainage D rights/AUTHORIZE the City Manager to EXECUTE all disposition and EXCHANGE documents with DHW Joint Venture,L.L.C. K.4. Resolution to ADOPT the Virginia ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Cash Match Plan as the Successor to CONSENT the Sheriff's Supplemental Retirement Plan K.5. Ordinance to APPROPRIATE $1— ADOPTED,BY 9-1 Y Y Y Y Y AN Y Y Y Y Million to the Risk Management CONSENT Internal Service Fund re insurance premiums/self-insurance claims K.6. Ordinances to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y APPROPRIATE: CONSENT a. $3,000 from Geico to the Police Department re the Every 15 Minutes Program b. $17,973 from the Virginia EMS to VB EMS re purchase of rescue equipment/medical supplies; and, $8,682 from Tidewater EMS Regional Council to VB EMS re personnel costs associated with HRMMRS CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/06/2018 PAGE: 3 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOK MS H LW O O Y LN A 0 0 R S 0 TR E EENSM I 00 T T R Y S E _ S S N _ N D J. APPOINTMENTS: RESCHEDULED BYCON S ENS US BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K/UM ADJOURNMENT 8:47 PM OPEN DIALOGUE 2 SPEAKERS 8:55 PM ADD ON RECONVENE FORMAL SESSION APPROVED 10-0 Y Y Y Y Y A Y Y Y Y Y 8:55 PM RECESS TO EXECUTIVE SESSION APPROVED 10-0 Y Y Y Y Y A Y Y Y Y Y 8:55 PM RECONVENE FORMAL SESSION 8:58 PM CERTIFICATION CERTIFIED 10-0 Y Y Y Y Y A Y Y Y Y Y ADJOURNMENT 8:59 PM