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Home My WebLink About06-05-2018 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL N�� v+•BEq_,y MAYOR LOUIS R JONES,Bayside-District 4 40 `®' VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 0�. _ `-_Lip JESSICA P.ABBOTT,Kempsville-District 2 > M.BENJAMIN DAVENPORT,At Large ` A�,;:_ ' ROBERT M.DYER,Centerville-District I V BARBARA M HENLEY Princess Anne-District 7 0 } 5 ,`? SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large °, JOHN E.UHRIN,Beach-District 6 °U "a'o ROSEMARY WILSON,At-Large CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS June 5 2018 E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR LOUIS R. JONES PRESIDING I. CITY MANAGER'S BRIEFINGS -Conference Room- 4:00 PM A. PRIVATE—PUBLIC EDUCATION and INFRASTRUCTURE (PPEA) PROCEDURES REVISIONS Taylor Adams, Operations Administrator—Finance B. POLICE DEPARTMENT INTERNAL AFFAIRS AUDIT RESULTS Lyndon Remias, City Auditor C. REVIEW OF FEDERAL FUNDING RECEIVED BY HOUSING AND NEIGHBORHOOD PRESERVATION Andrew Friedman, Director—Housing and Neighborhood Preservation II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Pastor Franklin D. Howlett Glenwood Community 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 SESSION May 15, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. TIDEWATER BUILDERS ASSOCIATION (TBA) SCHOLARSHIP FOUNDATION Certificates to Virginia Beach Students Fred Napolitano, II, Scholarship Foundation—Chairman John Olivieri—Past President Maureen Olivieri 2. GFOA EXCELLENCE IN FINANCIAL REPORTING Patti Phillips, Director—Finance I. PUBLIC HEARINGS 1. ACQUISITION OF AGRICULTURAL LANDS PRESERVATION (ARP) EASEMENT 1812 Indian River Road 2. DECLARE DEED RESTRICTIONS TO BE EXCESS CITY PROPERTY 296 Kings Grant Road J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 28-9 re Sewer Cleanouts 2. Resolution to RESCIND the Authorization for the City Manager to seek Transportation Partnership Opportunity Fund (TPOF) Grants for the Atlantic Avenue Reconfiguration Project 3. Ordinance to AMEND Town Center Special Service District (SSD) to ADD Facilities and Services re Limited Delegation of Responsibilities and Use of Special Service District Levies 4. Resolution to AUTHORIZE an Agreement between the City and the Central Business District re recreation and cultural events in the Town Center area 5. Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP) easement from My III Sons, LLC, at 1812 Indian River Road 6. Ordinance to AUTHORIZE the RELEASE of certain City-Held Deed Restrictions on the property located at 296 Kings Grant Road 7. Ordinance to AMEND the FY 2018-19 Department of Housing and Neighborhood Preservation Operating Budget re adjustments in Federal funding 8. Resolution to AUTHORIZE the ISSUANCE by the Virginia Beach Development Authority(VBDA) of Revenue and Refunding Bonds not to exceed $36-Million re loan to Virginia Wesleyan University(City shall not have any payment obligation) 9. Resolution to DIRECT the City Attorney to file a Petition for a Writ of Special Election re vacancy in Centerville District 10. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement (MOA) for the contribution of funds to the Department of the Army re Sandbridge Beach Nourishment 11. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Deed of Release and Exchange pertaining to an Agriculture Lands Preservation (ARP) easement located on land of Kellye Suzanne Vaughan, Rebekah V. and James T. Albert and Mark E. Vaughan 12. Ordinance to APPROPRIATE $279,000 in local revenue to the FY2017-18 Department of Finance Operating Budget re Stop Program 13. Ordinance to ACCEPT and APPROPRIATE: a. $2,500 to Parks and Recreation re Cigarette Litter Prevention Program at Little Island Park b. $36,305 to Emergency Medical Services (EMS)re Support Rescue Squad Operations and Training c. $50,000 to Housing and Neighborhood Preservation re Residential Design Professional Services 14. Ordinance to TRANSFER $152,672 within the FY2017-18 Convention and Visitors Bureau Operating Budget re purchase of two (2) shuttles for the Sports Center K. PLANNING 1. WILLIS FAMILY PARTNERSHIP for a Change of Nonconformity re reduction of ten (10) legally conforming units at 318 & 320 34th Street(Deferred from May 15, 2018) DISTRICT-BEACH RECOMMENDATION: APPROVAL 2. EVERGREEN VIRGINIA, LLC for Modification of Conditions re motor vehicle sales, rentals, repair and car wash at 296 Kings Grant Road and 2981, 3001, 3025, & 3033 Virginia Beach Boulevard(Approved October 17, 2017) DISTRICT-BEACH RECOMMENDATION: APPROVAL 3. SXCW PROPERTIES II, LLC for a Conditional Use Permit re car wash and automobile service station at 3264 Holland Road (Deferred from November 7, 2017) DISTRICT-ROSE HALL RECOMMENDATION: APPROVAL 4. Ordinances re Short Term Rentals (Deferred from March 20, 2018): 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 City Zoning Ordinance (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 City Zoning Ordinance (CZO) establishing regulations and requirements pertaining to Short Term Rental c. AMEND the Official Zoning Map by the Designation and Incorporation of Property into Short Term Rental Overlay District d. AMEND Sections 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 City Zoning Ordinance (CZO) pertaining to Definition, Requirements 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 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 City Zoning Ordinance (CZO) pertaining to Definition, Requirements and Use of Home Sharing and Short Term Rentals (Alternative 2 - Planning Commission Version) f. AMEND Sections 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 Section 209.6 of the City Zoning Ordinance (CZO) pertaining to Definition, Requirements and Use of Accessory Use -Short Term Rental (Alternative 3) g. AMEND Sections 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 Section 209.6 and 241.2 of the City Zoning Ordinance (CZO) pertaining to Definition, Requirements and Use of Home Sharing and Short Term Rental (Alternative 3 — Planning Commission Version) RECOMMENDATION: STAFF—DEFER TO AUGUST 21, 2018 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAY AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY POLICY COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE SOCIAL SERVICES BOARD STORMWATER APPEALS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************* ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *************************** 06/05/2018 jag I. CITY MANAGER'S BRIEFINGS - Conference Room- 4:00 PM A. PRIVATE—PUBLIC EDUCATION and INFRASTRUCTURE (PPEA) PROCEDURES REVISIONS Taylor Adams, Operations Administrator—Finance B. POLICE DEPARTMENT INTERNAL AFFAIRS AUDIT RESULTS Lyndon Remias, City Auditor C. REVIEW OF FEDERAL FUNDING RECEIVED BY HOUSING AND NEIGHBORHOOD PRESERVATION Andrew Friedman, Director—Housing and Neighborhood Preservation II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS VI. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Pastor Franklin D. Howlett Glenwood Community 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 SESSION May 15, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. TIDEWATER BUILDERS ASSOCIATION (TBA) SCHOLARSHIP FOUNDATION Certificates to Virginia Beach Students Fred Napolitano, II, Scholarship Foundation—Chairman John Olivieri—Past President Maureen Olivieri 2. GFOA EXCELLENCE IN FINANCIAL REPORTING Patti Phillips, Director—Finance Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Virginia Beach Virginia For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2017 eittid:r&pia. P. f.ifiA,Lee Executive Director/CEO I. PUBLIC HEARINGS 1. ACQUISITION OF AGRICULTURAL LANDS PRESERVATION (ARP) EASEMENT 1812 Indian River Road 2. DECLARE DEED RESTRICTIONS TO BE EXCESS CITY PROPERTY 296 Kings Grant Road ate"® r5) NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH,VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a public hearing with respect to the execution and delivery of Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 29.69 acres of land located at 1812 Indian River Road,in the City of Virginia Beach, Virginia, pursuant to Ordinance No.95-2319,as amended,known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements,and(e)assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of$540,358. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The public hearing, which may be continued or adjourned,will be held by the City Council on June 5,2018,at 6:00 p.m.in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. 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 cat 711. (Virginia Relay -Telephone Device for the Deaf). Amanda Barnes,MMC City Clerk BEACON: 5/20/18 and 5/27/18 1~ S, fa4'Cf�,&-G O Jj 4 0.v:`:" NOTICE OF PUBLIC HEARING DECLARE DEED RESTRICTIONS TO BE EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the vacation of certain City-held restrictions on the property located at 296 Kings Grant Road(GPIN 1497- 15-6395), Tuesday, June 5, 2018 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this • hearing will be to obtain public input to determine whether these restrictions should be vacated,which would allow the property to be used for automobile repairs, sales and rentals, boat sales and commercial parking lots. 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 TDD only 711. Any questions concerning this matter should be directed to the Dept. of Economic Development, 4525 Main Street, Suite 700, Virginia Beach, VA 23462, (757) 385- 6464. All interested parties are invited to attend. Amanda F.Barnes,MMC City Clerk J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 28-9 re Sewer Cleanouts 2. Resolution to RESCIND the Authorization for the City Manager to seek Transportation Partnership Opportunity Fund (TPOF) Grants for the Atlantic Avenue Reconfiguration Project 3. Ordinance to AMEND Town Center Special Service District (SSD) to ADD Facilities and Services re Limited Delegation of Responsibilities and Use of Special Service District Levies 4. Resolution to AUTHORIZE an Agreement between the City and the Central Business District re recreation and cultural events in the Town Center area 5. Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP) easement from My III Sons, LLC, at 1812 Indian River Road 6. Ordinance to AUTHORIZE the RELEASE of certain City-Held Deed Restrictions on the property located at 296 Kings Grant Road 7. Ordinance to AMEND the FY 2018-19 Department of Housing and Neighborhood Preservation Operating Budget re adjustments in Federal funding 8. Resolution to AUTHORIZE the ISSUANCE by the Virginia Beach Development Authority(VBDA) of Revenue and Refunding Bonds not to exceed $36-Million re loan to Virginia Wesleyan University (City shall not have any payment obligation) 9. Resolution to DIRECT the City Attorney to file a Petition for a Writ of Special Election re vacancy in Centerville District 10. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement (MOA) for the contribution of funds to the Department of the Army re Sandbridge Beach Nourishment 11. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Deed of Release and Exchange pertaining to an Agriculture Lands Preservation (ARP) easement located on land of Kellye Suzanne Vaughan, Rebekah V. and James T. Albert and Mark E. Vaughan 12. Ordinance to APPROPRIATE $279,000 in local revenue to the FY2017-18 Department of Finance Operating Budget re Stop Program 13. Ordinance to ACCEPT and APPROPRIATE: a. $2,500 to Parks and Recreation re Cigarette Litter Prevention Program at Little Island Park b. $36,305 to Emergency Medical Services (EMS)re Support Rescue Squad Operations and Training c. $50,000 to Housing and Neighborhood Preservation re Residential Design Professional Services 14. Ordinance to TRANSFER $152,672 within the FY2017-18 Convention and Visitors Bureau Operating Budget re purchase of two (2) shuttles for the Sports Center j JS) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 28-9 of Chapter 28 (Sewers and Sewage Disposal) of the City Code Pertaining to Sewer Cleanouts MEETING DATE: June 5, 2018 • Background: Staff became aware when maintenance requirements became necessary for a sewer cleanout that the sewer chapter of the City Code (Chapter 28) did not have the language that is in the water supply chapter (Chapter 37) in regard to who owns the cleanouts and who shall repair them. Section 37-14 makes clear that the water meters are owned and maintained by the City. The revision to Section 28-9 makes clear that all cleanouts are owned and maintained by the City and that Public Utilities has the authority to come onto private property to do such maintenance or repairs. • Considerations: This amendment clarifies the ability of Public Utilities to come onto public or private property to maintain, relocate or repair sewer cleanouts. • 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: Public Utilities City Manager: L, 1 AN ORDINANCE TO AMEND SECTION 28-9 2 OF CHAPTER 28 (SEWERS AND SEWAGE 3 DISPOSAL) OF THE CITY CODE 4 PERTAINING TO SEWER CLEANOUTS 5 6 SECTION AMENDED: City Code § 28-9 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 28-9 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 CHAPTER 28 — SEWERS AND SEWAGE DISPOSAL 15 16 ARTICLE I. — IN GENERAL 17 18 . . . . 19 20 Sec. 28-9. - Sewer cleanouts. 21 22 All buildings and dwellings connected to the public sewer system shall have a 23 cleanout installed in the lateral line at or near the property lines served. Such cleanout 24 shall at all times remain the property of City, and shall be repaired, maintained or 25 relocated in the City's sole discretion. The City shall have the authority to enter all 26 property, public or private, to perform such function. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c 19 Public Utilities City Attorne ' ice NIP CA14171 R-2 October 10, 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Rescind the Authorization for the City Manager to Seek Transportation Partnership Opportunity Fund Grants for the Atlantic Avenue Reconfiguration Project MEETING DATE: June 5, 2018 • Background: On February 21, 2017, the City Council received a briefing from Deputy City Manager Leahy. That briefing described the Atlantic Avenue Reconfiguration Project (the "Project"), and acknowledging the Council had no interest in paying for the realignment of Atlantic Avenue, Mr. Leahy offered the possibility of the State's Transportation Partnership Opportunity Fund as a possible funding source for the Project. On March 7, 2017, the City Council adopted a resolution to authorize the City Manager to apply for a Transportation Partnership Opportunity Fund (TPOF) grant to fund the realignment of Atlantic Avenue. The City Manager on April 28, 2017 submitted a TPOF grant application in the amount of $2,497,000 to Ms. Misty Upson, Debt & Innovative Finance Analyst, of the Virginia Department of Transportation. On May 1, 2017 the then Secretary of Transportation, now Secretary of Finance, for the Commonwealth of Virginia, in a letter to the City Manager notified the City that he would not support the City's application for a TPOF grant, and he "remain[s] concerned by public remarks made by [the City Manager] and City Council members indicating that the Project does not merit city funds for the road." A copy of this letter is attached to this item. On March 9, 2018, the City Manager submitted another TPOF grant request to Ms. Upson of the Virginia Department of Transportation. The City Council was not copied on this transmittal. The amount of the grant request was $2,989,000. The FY18 Capital Improvement Program (CIP), adopted on May 9, 2017, appropriated $245,000 to the Project for preliminary design, and the FY18 CIP included a project page for Capital Project #2-138, Atlantic Avenue Reconfiguration with a history and current status providing: "Public Works continues to try to secure a grant to complete the majority of the work within this project scope." On May 15, 2018, the Council adopted the FY19 Capital Improvement Program, which includes an updated project page for Capital Project #2-138, Atlantic Avenue Reconfiguration and retains the history and current status providing: "Public Works continues to try to secure a grant to complete the majority of the work within this project scope." • Considerations: The attached resolution rescinds the authorization for the City Manager to seek TPOF grants for the Atlantic Avenue Reconfiguration Project. • Public Information: Normal Council agenda process. Atlantic Ave TPOF Page 2 of 2 ■ Attachments: Resolution; March 7, 2017 Resolution; April 28, 2017 TPOF Application Transmittal Letter; May 1, 2017 Letter from Secretary of Transportation; FY18 CIP Project Page for #2-138; March 9, 2018 TPOF Application Transmittal Letter; FY19 CIP Project Page for#2-138 Requested by: Councilmembers Abbott and Moss REQUESTED BY COUNCILMEMBERS ABBOTT AND MOSS 1 A RESOLUTION TO RESCIND THE AUTHORIZATION FOR 2 THE CITY MANAGER TO SEEK TRANSPORTATION 3 PARTNERSHIP OPPORTUNITY FUND GRANTS FOR THE 4 ATLANTIC AVENUE RECONFIGURATION PROJECT 5 6 WHEREAS, the City Council adopted a resolution on March 7, 2017, to authorize 7 the City Manager to apply for a Transportation Partnership Opportunity Fund (TPOF) 8 grant to fund the construction of Atlantic Avenue Reconfiguration Project (the "Project"); 9 and 10 11 WHEREAS, the Secretary of Transportation for the Commonwealth of Virginia on 12 May 1, 2017 notified the City Manager that he would not support the TPOF grant 13 submitted by the City Manager on behalf of the City Council on April 28, 2017 in the 14 amount of$2,497,000 to fund the construction of Capital Project#2-138, Atlantic Avenue 15 Reconfiguration; and 16 17 WHEREAS, the then Secretary of Transportation, now Secretary of Finance for 18 the Commonwealth of Virginia, the Honorable Aubrey L. Layne, Jr. in his letter of May 1, 19 2017 shared his conclusion that he will not support the City's application because the 20 Project was not a priority for excess state urban formula funds and that he "remain[s] 21 concerned by public remarks made by [the City Manager] and City Council members 22 indicating that the Project does not merit city funds for the road;" and 23 24 WHEREAS, the City Council has not once but twice adopted Capital Improvement 25 Program (CIP) Budgets in FY 2017-2018 on May 9, 2017 and FY 2018-2019 on May 15, 26 2018 without providing local funding to construct the Project; and 27 28 WHEREAS, the City Council, in adopting the resolution of March 7, 2017 29 authorizing the City Manager to apply for a TPOF Grant for the Project, made it explicitly 30 clear in their deliberations, as affirmed by the Council's enactment of the CIP FY 2017- 31 2018 and FY 2018-2019 appropriations, that local funds would not be used for 32 construction of the Project; and 33 34 WHEREAS, there is no material change in the facts and substance of the City 35 Manager's filed TPOF Grant application on March 9, 2018 and the TPOF Grant 36 application filed for the Atlantic Avenue Reconfiguration previously not supported by the 37 Secretary of Transportation for the Commonwealth of Virginia on May 1, 2017; and 38 39 WHEREAS, there is no reason to expect that the Secretary of Finance, Secretary 40 of Transportation, and Secretary of Commerce or other appointed officers of the 41 Commonwealth would retreat from the Commonwealth's reasoning of refusing to fund a 42 project for which the City Council has decided does not merit construction with local funds; 43 and 44 45 WHEREAS, the March 9, 2018 application documents a lack of acknowledgment 46 by the City staff of the Commonwealth's past decision and thereby creates the potential 47 to undermine the credibility of other City grant applications. 48 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH, VIRGINIA, THAT: 51 52 1. The City Manager is directed to notify Ms. Misty Upson, Debt& Innovative Finance 53 Analyst, Virginia Department of Transportation that the City of Virginia Beach is 54 withdrawing the TPOF grant application for the Atlantic Avenue Reconfiguration 55 Project filed on March 8, 2018 as the City Council accepts the decision and 56 reasoning of the Secretary of Transportation in his letter of May 1, 2017. 57 58 2. The City Manager is directed not to resubmit any future TPOF grant applications 59 with the Commonwealth of Virginia for the Atlantic Avenue Reconfiguration Project. 60 61 3. The City Manager remains authorized to file for other grants, and the City Council 62 shall be notified of any such filed grants and be provided a copy of said grant 63 applications on the date of transmittal. 64 65 4. This resolution is effective immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: na armeyer City Attorney's Office CA14444 R-3 May 30, 2018 RESOLUTION AUTHORIZING THE CITY MANAGER 1) 2 TO APPLY FOR A TRANSPORTATION PARTNERSHIP 3 OPPORTUNITY FUND GRANT TO FUND THE 4 PARTIAL REALIGNMENT OF ATLANTIC AVENUE AND 5 2) TO PETITION THE COMMONWEALTH OF VIRGINIA 6 TRANSPORTATION BOARD TO TRANSFER CERTAIN 7 REAL PROPERTY TO THE CITY OF VIRGINIA BEACH 8 9 WHEREAS, Cavalier Associates, LLC (the "Developer") is redeveloping the 10 Cavalier Hotel complex (the "Redevelopment") located at the north end of oceanfront 11 resort in the City of Virginia Beach (the "City"). As a part of the Redevelopment, the 12 Developer has requested that the City reconfigure the northern terminus of Atlantic 13 Avenue to a layout as shown on Exhibit A, attached hereto (the "Road Project"); 14 15 WHEREAS, the Road Project would cul-de-sac at Atlantic Avenue south of the 16 existing intersection with Pacific Avenue. Through-traffic currently accessing Pacific 17 Avenue from Atlantic Avenue would now do so from 40th Street. This would allow the 18 Developer to construct access to the oceanfront elements of the Redevelopment, which 19 would more efficiently bring traffic into the Redevelopment and reduce stacking and 20 congestion on Atlantic Avenue; 21 22 WHEREAS, the City intends to apply to the Commonwealth for a grant from the 23 Transportation Partnership Opportunity Fund ("TPOF") to fund the Road Project. Such 24 funds are available for transportation projects that support certain economic 25 development projects; 26 27 WHEREAS, a portion of the area of the Road Project is currently owned by the 28 Commonwealth, specifically the Atlantic Avenue right-of-way and remnant pieces from 29 previous realignments of Atlantic Avenue (the "Commonwealth Property"), as shown on 30 Exhibit A, attached hereto. The Commonwealth of Virginia Transportation Board (the 31 "CTB") will not begin the process of transferring title to a locality until that locality 32 formally petitions the CTB pursuant to §33.2-907 of the Code of Virginia (1950), as 33 amended; 34 35 WHEREAS, the remainder of the area of the Road Project is either owned by the 36 City or the Developer. The Developer has agreed to dedicate any necessary property 37 to the City for the Road Project; 38 39 WHEREAS, the Developer has represented to the City that the Road Project will 40 allow the Developer to add more meeting and conference space to the Redevelopment; 41 42 WHEREAS, if the Road Project is not undertaken, the City will not benefit from 43 added tourism and convention business attributable to the larger meeting and 44 conference space, and the traffic impacts on the general public from the 45 Redevelopment will be greater; and WHEREAS, the Road Project provides the opportunity to re-create the 47 appearance of the historical "Grand Lawn" connection between the Cavalier on the Hill 48 and the oceanfront beach club. 49 50 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 1. That the City Manager is hereby authorized to apply for a grant from the 54 Transportation Partnership Opportunity Fund in the amount of $2,497,000 for the 55 construction of the Road Project as shown on Exhibit A, attached hereto and made a 56 part hereof. 57 58 2, That the City Manager is further authorized to petition the Commonwealth 59 of Virginia Transportation Board pursuant to §33.2-907 of the Code of Virginia, as 60 amended, to transfer title of the real estate identified as the Commonwealth Property" 61 on Exhibit A, attached hereto and made a part hereof, to the City of Virginia Beach, and 62 to take such other action as necessary to complete the conveyance of title of the 63 Commonwealth Property to the City of Virginia Beach. 64 65 3. That the City Manager, or his authorized designee, is hereby authorized to 66 execute any and all documents on behalf of the City to complete the actions 67 contemplated herein, containing such terms, conditions and modifications as may be 68 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 69 70 Adopted by the City Council of the City of Virginia Beach, Virginia, this 7th 71 day of March, 2017. 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A 41 .t .. - 1, -- , . . . - , ..t,_...._ ,.., , . --.'"'" -'". -.--'_-__-1-----.--j - ": , •• . -- .t,-.,..• .., . - Ok ; M G� s� � City of V�-ginia Beach �Z 2 o94- oU of o°0�m• VBgov.00rn OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)385-4242 BUILDING 1,ROOM 234 FAX(757)427-5626 2401 COURTHOUSE DRIVE VIRCNIA BEACH,VIRGINLA 23456.9001 April 28, 2017 Ms.Misty Upson Debt&Innovative Finance Analyst Virginia Department of Transportation(VDOT) 1401 East Broad Street Richmond, VA 23219 Subject: Atlantic Avenue Economic Development Partnership and Shared-Mobility Improvements Project Dear Ms. Upson: Attached is the City of Virginia Beach's formal application to the Transportation Partnership Opportunity Fund(TPOF)grant, for the referenced project. We believe the project meets all the criteria required of the TPOF grant and respectfully request VDOT's due consideration to award the City$2,497,000, to fully fund the project. The "Atlantic Avenue Economic Development Partnership and Shared-Mobility Improvements" Project is an important project for the City of Virginia Beach as it will facilitate efficient and safe vehicular and pedestrian circulation into the adjacent proposed conference center and resort. The proposed conference center and resort will provide the City the meeting and conference space that is much needed in addition to adding jobs into our local economy. The proposed roadway project is a critical element to the success of the conference center and resort. City Council authorized the submission of this TPOF application, via resolution dated March 7, 2017. Further, The Atlantic Avenue Project is in our draft FY 2017-2018 Capital Improvement Program(CIP), scheduled to be approved by City Council on May 9, 2017. Additionally, the Commonwealth Transportation Board(CTB)recently established the project as a City of Virginia Beach urban project, at their April 19, 2017 meeting. Ms.Misty Upson Atlantic Avenue Economic Development Partnership and Shared-Mobility Improvements Project April 28, 2017 Page 2 We look forward to VDOT's approval of this TPOF grant and award of$2,497,000 so we can fund this important roadway project vital to the success of the proposed convention center and resort. Please do not hesitate to contact Ronald D. Berkebile at rberkebi(avbgov.com, for questions regarding our application. Milt‘di . " David . ansen City Manager cc: Aubrey L. Layne, Jr., Secretary of Transportation Thomas M. Leahy, III,Deputy City Manager Ronald H. Williams, Jr., Deputy City Manager 11) tit COMMONWEALTH of VIRGINIA Office of the Governor Aubrey L.Layne,Jr. Secretary of Transportation May 1,2017 David L.Hansen City Managef' 2401 Courthouse Drive B ding#1 Room 234 /Virginia Beach, VA 23456 Dear Mr. Hansen, Thank you for your email and accompanying Transportation Partnership Opportunity Fund(TPOF) grant application for Atlantic Avenue. Based on previous communications with you and members of City Council, ] directed VDOT to perform a financial review of the City's transportation projects funded with state urban formula dollars, The purpose of this review was to determine if there were excess state urban formula monies that could be used by the City to fund the Atlantic Avenue Project(the Project). After an extensive review,VDOT determined that$2 million in excess state urban formula funds was available to the City of Virginia Beach. These state funds are directly under the control of the Virginia Beach City Council and can be used for any allowable city transportation project. These funds must be allocated by the City to a transportation project that is fully funded by the end of the calendar year or the funds will be swept back by the state and converted to its State of Good Repair Program funds pursuant to Item 436 C 2 of Chapter 780 of the 2016 Acts of Assembly. Per the City's request,the Commonwealth Transportation Board (CTB)approved UPC 110744 for the Atlantic Avenue Reconfiguration at its most recent meeting held on April 19, 2017. The amount of state urban formula funding available for transfer was $2 million. Per the CTB action, the Atlantic Avenue Project is now an allowable City project for state funding. As such, 1 have directed VDOT to transfer certain real estate identified as"Commonwealth Property"to the City of Virginia Beach to facilitate construction of the Project. Your email informed me that City Council has chosen to use the $2 million in excess state urban formula funds on another City transportation project. This action indicates that the Patrick Henry Building• 11 i i East Broad Street •Richmond,Virginia 23219• (804)786.8032 •Fax(804)786-6683 • TTY(800)828-1120 David L.Hansen May 1.2017 Page 2 Atlantic Avenue Project is not a priority for the City and the City Council does not intend to use state resources available at its disposal to fund the Project. As a consequence,please be advised that I will not support the City's application for a TPOF grant. Should the City Council wish to fund the Project, it now has state urban formula funds under its control to do so. Alternatively,the City can prepare a Smart Scale application for the project to be considered in the next funding cycle in 2018. There are many transportation projects in the Commonwealth that merit construction yet resources for these projects are not available. I remain concerned by public remarks made by you and City Council members indicating that the Project does not merit city funds for the road. The Commonwealth has done more than its part in making state funds available to the City for the Atlantic Avenue Project. The repayment of the$20 million NSRR right of way funds by Virginia Beach to the TPOF fund is in no way linked to this or any other grant application made by the City. I look forward to continue working with you to improve transportation in Virginia Beach and the Hampton Roads region. Sincere ji Aubrey L. cc: The Honorable Paul Reagan, Chief of Staff to the Governor The Honorable William Sessoms Members of Virginia Beach City Council John Malbon, CTB Member,Hampton Roads Region fli Cit,-2 City of Virginia Beach,Virginia Fiscal Years 2018 through 2023 Capital Improvement Program Project:2138000 1 Title:Atlantic Avenue Reconfiguration I Status:Approved Category:Roadways Department:Capital Improvement Program Project Type Project Location Project Type: Rehabilitation/Replacement District:Beach11 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding , To Date FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Funding MI 245,000 0 245,000 0 0 0 0 0 2,252,000 Description and Scope This project will reconfigure Atlantic Avenue from 40th Street to Pacific Avenue,a distance of approximately 500 feet,removing the Atlantic Avenue/Pacific Avenue intersection and providing a cul-de-sac of Atlantic Avenue at the Cavalier Hotel property.40th Street will be widened to NI accommodate an additional left turn lane at both Pacific Avenue and Atlantic Avenue as well as geometric changes at the 40th Street/Pacific Avenue intersection to provide new left turn lanes both northbound and southbound along Pacific.The project also includes two new traffic signals,one at 40th Street/Pacific Avenue and one at 42nd Street/Pacific Avenue. Purpose and Need .k, This project will improve pedestrian/bicycle mobility demands in the Atlantic/Pacific Avenue area and expand access from the Oceanfront Boardwalk to the north end of the Resort Area.The proposed improvements would be accomplished in conjunction with the development of the Cavalier Hotel property.The project is designed to facilitate efficient and safe vehicular and pedestrian circulation into a large conference center and resort.The reconfiguration of Atlantic Avenue will allow for better access to the proposed development while not adversely impacting the motoring public using Atlantic Avenue and Pacific Avenue. is History and Current Status This project first appeared in the FY 2017-18 CIP.Public Works continues to try to secure a grant to complete the majority of the work within this project scope. Operating Budget Impacts j Project Nlap Schedule of Activities ' f ..1- tl. 1,- ele Project Activities From-To Amount �1 L I. 1 Design 05/17-05/18 326,000 t t f `-'w N Private Utility Adjustments 05/18-11/18 238,000 + 1!1 ;'. i.;, 1 .r Construction 11/18-06/19 1,629,000 •_ t* "• Street Lights 07/19-09/19 77,000 A • ; u V. •. Contingencies 05/17-09/19 227,000 1 t '} t r. +fir. i Total Budgetary Cost Estimate: 2,497,000 r 'F . y '. }st` - Nleans of financing • 1 ,1-`t Funding Subclass Amount [' C, r local Funding ` - 4 f 245,000 I iv Mk r 1 •� t .i4,J �c t ...: e..• =-1 ...„ --c-.- 1:,: , ...., ... , .i., -, 4 ) ''''','..- .. ' ir _ „:0,-- , .,,, Xa • ,_' '4'. .. i 0'y. Si. \ i .r 4 aer{{ :;r. I .; a. '.'•Vi .11�.1 .nk .. Total Funding: 245,000 Fiscal Year 2017-18 45 Capital Projects 0A•B r s City of Virg ri; a Beach At ey4��a of OUR No VBgov.uom OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)385-4242 BEADING 1.ROOM 234 (757)427.6826 FAX 2401 COURTHOUSE DRIVE b VIRGINIA BEAMVIRGIA 234554001 March,/2018 Misty Upson Debt&Innovative Finance Analyst Virginia Department of Transportation(VDOT) 1401 East Broad Street Richmond,VA 23219 Subject: Atlantic Avenue Economic Development Partnership and Shared-Mobility Improvements Project Dear Ms.Upson: Attached is the City of Virginia Beach's formal application to the Transportation Partnership Opportunity Fund(TPOF)grant,for the referenced project. We believe the project meets all the criteria required of the TPOF grant and respectfully request VDOT's due consideration to award the City$2,989,000 to fully fund the project. The"Atlantic Avenue Economic Development Partnership and Shared-Mobility Improvements"Project is an important project for the City of Virginia Beach,as it will facilitate efficient and safe vehicular and pedestrian circulation into the adjacent proposed conference center and resort. The proposed conference center and resort will provide the City the conference space that is much needed,in addition to adding jobs into our local economy. The proposed roadway project is a critical element to the success of the conference center and resort. The Atlantic Avenue Project is in our FY 2017-2018 Capital Improvement Program(CIP)and was approved by City Council on May 9, 2017. Additionally,the Commonwealth Transportation Board (CTB)established the project as a City of Virginia Beach urban project,at their April 19,2017 meeting. We look forward to VDOT's approval of this TPOF grant and award of$2,989,000 so we can fund this important roadway project vital to the success of the proposed convention center and resort. Please do not hesitate to contact Phil Pullen at t` ,r1V m,for questions regarding our application. .c• ely, David . . sen City Manager c: Thomas Leahy,P.E.,Deputy City Manager Ron Williams,Deputy City Manager City of Virginia Beach,Virginia fiscal Years 2011-19 through 2023-24 Capital Improvement Program Project:2138000 JUde:Atlantic Avenue Reconfiguration !Status:Proposed \Category:Roadways Department:Capital Improvement Program ",.,t I yr Pro,ett Locator, • -- A. . Rehabilitation/Re, • District:Beach Programmed Appropriated Budgeted -MPropfet d Programmed OP funding Future Funding To Date FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Ftrndkw 245,000 245,000 0 0 0 0 0 0 2,480 Description aid Scope This project will reconfigure Atlantic Avenue from 40th Street to Pacific Avenue,a distance of approximately 500 feet,removing the Atlantic Avenue/Pacific Avenue intersection and providing a cul-de-sac of Atlantic Avenue at the Cavalier Hotel property.40th Street will be widened to accommodate an additional left turn lane at both Pacific Avenue and Atlantic Avenue as well as geometric changes at the 40th Street/Pacific Avenue intersection to provide new left turn lanes both northbound and southbound along Pacific.The project also Includes two new traffic signals,one at 40th Street/Pacific Avenue and one at 42nd Street/Pael is Avenue.The acquisition of necessary property and easements is authorized but limited to the current fund' •a•• •• ated. Pi,-;:,;e 1 d r.-,,t1 This project will Improve pedestrian/bicycle mobility demands In the Atlantic/Padfic Avenue area and expand access from the Oceanfront Boardwalk to the north end of the Resort Area.The proposed Improvements would be accomplished in conjunction with the development of the Cavalier Hotel property.The project is designed to facilitate efficient and safe vehicular and pedestrian circulation into a large conference center and resort.The reconfiguration of Atlantic Avenue will allow for better access to the proposed development while not adversely im• cti :the motors ; •ublic usin:Atlantic Avenue and Pacific Avenue. History and Cu•-rent Status This project first appeared in the FY 2017-18 CIP.Public Works continues to try to secure a grant to complete the majority of the work within this pro -ct scope. Opt!,3tir,F;bud„et In.pz,cts --- 1': isi::p Srfi d+.1,•of Arti‘'itIf,; iv• Project Activities From-To Amount ,r ' i , • Design x/17.01/19 322, ,, ' t` — -- Private Utility Adiustments 07/24-06/25 238,000 r.R e Construction 07/25-03/26 1,841, a+ _; • fit-. Street Lights 04/26-07/26 77,030 Contingencies 08/17-07/26 247,1.I ,`7' IP. '\ I t '"y. � t €,• -'1c . i w-- its` f �;: e Total Budgetary Cost Estimate: 2,725,1,, r .. 7JA; 3? s `., ' ' ` Funding Subclass �; .e ; . L.. . Amount _ h [ Local Funding 245, p a, r,ittriq 'd)` � E :.t . • . t Total Fundirig: 245,003,) Fiscal Year 2018.15 2 l Capital Projects c � ;:B1 4,.. ..'1.:1� fCt a.�,'$,T ` a si CITY OF VIRGINIA BEACH AGENDA ITEM f ITEMS: (1) An Ordinance to Amend ORD #2699B Regarding the Town Center Special Service District to Add Facilities and Services and to Add a Section to ORD #2699B for the Limited Delegation of Responsibilities and Use of Special Service District Levies (2) A Resolution to Authorize an Agreement between the City and the Central Business District Association MEETING DATE: June 5, 2018 • Background: City Council established the Town Center Special Service District by ordinance adopted in May 2002, to provide an enhanced level of services at Town Center. As with other special service districts, the additional services are funded by additional taxes or levies imposed upon the real property within the district. For Town Center, the annual levy is 45 cents per $100 of assessed value. The Town Center Special Service District authorizes the expenditure of moneys for the operation and maintenance of public parking garages and enhanced services including maintenance and cleaning of public streets and sidewalks, more frequent garbage removal and disposal, enhanced lighting, additional beautification and landscaping for the public places and extra security. At the request of the stakeholders paying the additional levies, the City Staff is forwarding a request to add "wayfinding and sponsorship and promotion of recreational and cultural activities" to the facilities and services provided by the Town Center SSD. Also at the request of the SSD stakeholders, the City Staff is forwarding a request to delegate certain powers and responsibilities to a nonprofit corporation as permitted by State law. • Considerations: There are two actions that are related to the request of the Town Center stakeholders. First, there is an ordinance that amends the Town Center SSD Ordinance, ORD #26996, adopted May 14, 2002. That amendment will broaden the scope of the services to include wayfinding and sponsorship and promotion of recreational activities. The second item is a resolution to authorize an agreement between the City and the Central Business District Association (CBDA). There is a summary of terms attached to this item and incorporated by reference by the resolution. This agreement would empower the CBDA to program recreational and cultural events within the Town Center area, and it would allow the CBDA to make purchases related to holidays and special occasions. The programming would be subject to the oversight of the City Manager's Office and the Town Center Advisory Board. • Alternatives: The City could use Beachevents to program the entertainment for Town Center, but the Town Center stakeholders initiated their request in response to a belief that Beachevents was not programming Town Center in a manner that was consistent with the community expectations. Additionally, the City could issue a request for proposals for a service provider to do the promotion and/or holiday features contemplated by the proposed agreement with the CBDA. • Public Information: Normal agenda process. • Recommendations: Adopt the attached modification to the SSD Ordinance and adopt the resolution authorizing the agreement with the CBDA. • Attachments: Ordinance; ORD 2699B; Resolution; Exhibit A ("Summary of Terms"); Disclosure Form Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area Office City Manager: 1 AN ORDINANCE TO AMEND ORD #2699B 2 REGARDING THE TOWN CENTER SPECIAL 3 SERVICE DISTRICT TO ADD FACILITIES AND 4 SERVICES AND TO ADD A SECTION TO ORD 5 #2699B FOR THE LIMITED DELEGATION OF 6 RESPONSIBILITIES AND USE OF SPECIAL 7 SERVICE DISTRICT LEVIES 8 9 WHEREAS, the City Council established the Town Center Special Service District 10 on May 14, 2002 by ordinance, #ORD-2699B (the "SSD Ordinance"), attached hereto; 11 and 12 13 WHEREAS, the SSD Ordinance requires all additional taxes generated by the 14 Special Service District levy to be deposited into the Town Center SSD Special Revenue 15 Fund (the "Special Revenue Fund"); and 16 17 WHEREAS, the SSD Ordinance authorizes the expenditure of moneys within the 18 Special Revenue Fund for the operation and maintenance of public parking garages and 19 enhanced services including maintenance and cleaning of public streets and sidewalks, 20 more frequent garbage removal and disposal, enhanced lighting, additional beautification 21 and landscaping for the public places and extra security; and 22 23 WHEREAS, at the request of the SSD stakeholders, the City Staff is forwarding a 24 request to add "wayfinding and sponsorship and promotion of recreational and cultural 25 activities" to the facilities and services provided by the Town Center Special Service 26 District (the "District"); 27 28 WHEREAS, also at the request of the SSD stakeholder, the City Staff is forwarding 29 a request to delegate certain powers and responsibilities to a nonprofit corporation as 30 permitted by State law; and 31 32 WHEREAS, at the same meeting as this ordinance is presented to the City 33 Council, there is an ordinance seeking approval of an agreement with the Central 34 Business District Association, a Virginia non-stock corporation, to provide certain special 35 service district levies and to delegate certain specific facilities and services within the 36 District; 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA, THAT: 40 41 1 . Section 3 of Ordinance # 2699B is hereby amended to add the following to the list 42 of facilities and services: "wayfinding and sponsorship and promotion of 43 recreational and cultural activities." 44 45 2. Section 4 (ii) of Ordinance #2699B is hereby amended to add the following to the 46 list of enhanced services: "wayfinding and sponsorship and promotion of 47 recreational and cultural activities." 48 49 3. New Section 11 is hereby added to Ordinance #2699B to read as follows: 50 51 11.Limited Delegation of Responsibilities and Use of Town Center Special 52 Service District Levies in Furtherance of Such Delegation. The City 53 Council may approve an agreement with a nonprofit corporation to 54 provide certain special service district levies and delegate specific 55 facilities and services in the District with appropriated funds subject to 56 the direction, management and oversight by the City. 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: Strategic Growth Area Office i y - . ne s Office CA14331 R-1 March 15, 2018 ORD - 2699B 1 AN ORDINANCE CREATING THE TOWN 2 CENTER SPECIAL SERVICE DISTRICT 3 WHEREAS, the City of Virginia Beach (the "City") has 4 undertaken a program to develop infrastructure and construct public 5 facilities and other municipal improvements in the southern part of 6 the Pembroke area of the City, to facilitate the development of a 7 Central Business District in the City and thus promote commerce and 8 the prosperity of the citizens of Virginia Beach; 9 WHEREAS, in furtherance of that goal, the City of Virginia Beach Development Authority (the "Authority") and Town Center Associates, 11 L.L.C. (the "Developer") are parties to a Development Agreement dated 12 as of March 6, 2000, as amended (the "Development Agreement") , for 13 the development of a mixed use commercial project known as "The Town 14 Center of Virginia Beach" located in the southern part of the 15 Pembroke area of the City (the "Project") ; 16 WHEREAS, in connection with the first phase of the Project, the 17 Authority has agreed to purchase an approximately 1,338 space parking 18 structure from the Developer to provide public parking in the Project 19 area; WHEREAS, as part of the undertaking of the Project, the City 21 Council desires to provide additional, more complete and more 22 timely services to the public parking garage, the streets and 23 sidewalks, and other public facilities and areas in the Project 24 than those services desired in the City as a whole, by designating 25 a service district as provided by Code of Virginia § 15.2-2400; 26 WHEREAS, pursuant to Code of Virginia § 15.2-2400, the 27 City Council held a public hearing on May 14, 2002, on the creation 28 of the District; 29 WHEREAS, pursuant to the authority and empowerment set forth 9 in the Code of Virginia § 15.2-2400, et seq., the City Council has 31 determined that it would be in the best interests of the City and 32 its citizens to create a service district to provide additional, J3 more complete and more timely services to the public facilities and 34 areas in the Project area, including public parking, than those 35 services desired in the City as a whole; and 36 WHEREAS, over fifty percent of the property owners who own 37 more than fifty percent of the property in the proposed special 38 service district have requested enhanced maintenance and upkeep of 39 streets in the district. 40 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 4.1 OF VIRGINIA BEACH, VIRGINIA: 42 1. Creation of District. A service district known as the 43 Town Center Special Service District (the "District") is hereby 44 created pursuant to Code of Virginia § 15.2-2400 and designated as 45 such. 46 2. Boundaries of District. The District is bounded to the 47 north by Virginia Beach Boulevard, to the east by Constitution 48 Drive, to the west by the proposed Central Park Avenue to its 49 intersection with the proposed Main Street, then moving east along 50 Main Street to the proposed Town Center Drive, then moving south on 1 the proposed Town Center Drive to its intersection with Columbus 52 Street, then moving east along Columbus Street to its intersection 53 with Constitution Drive, all as more particularly depicted on the 54 attached map labeled as "Exhibit A". 55 3. Purpose; Facilities and Services Provided Within District. 56 The District is created for the purpose of providing financing for 57 additional, more complete and more timely governmental services to 58 public facilities and areas in the District. Toward that end, there 59 shall be provided within the District those facilities and services 60 necessary or desirable to accomplish the purpose of the service -ci district, including, without limitation, administrative, engineering 62 and other professional services, enhanced maintenance and cleaning of 2 ti3 public streets and sidewalks, more frequent garbage removal and b4 disposal, enhanced lighting, additional beautification and 65 landscaping for the public places, extra security, public parking, 66 and such other equipment and facilities as may, from time to time, be 67 needed to accomplish the purpose of the service district. 68 4. Proposed Plan for Providing Services Within District. The 69 plan is to accumulate dedicated revenue to fund (i) the operation and 70 maintenance of the public parking garage and (ii) an enhanced level 71 of public services in the District that will include, without 72 limitation, additional maintenance and cleaning of public streets and 73 sidewalks, more frequent garbage removal and disposal, enhanced 4 lighting, additional beautification and landscaping for the public 75 places, and extra security. The level of the enhanced public 76 services actually provided will be governed by the amount of 77 additional taxes levied in the District. 78 5. Benefits to be Expected to be Realized From Enhanced 79 Services. The City expects, through the provision of additional, 80 more complete and more timely services in the District, that the 81 citizens of Virginia Beach will be benefitted by the attractive, 82 inviting public space, along with public parking, that will promote 83 commerce and prosperity in the Central Business District, which will, 4 in turn, generate increased taxes and other City revenues. 85 6. Powers. The City Council shall have all powers set forth 86 in Code of Virginia § 15.2-2403 with respect to the District. 87 7. Establishment of Special Revenue Fund; Use of Funds. The 88 City Manager shall cause to be established a Town Center Service 89 District Special Revenue Fund (the "Special Revenue Fund") to account 90 for revenues realized from additional taxes imposed in the District 91 and for expenditures related to operating and maintaining the public 92 parking garage and providing additional, more complete and more 93 timely services, along with all necessary facilities, in the public -'4 areas located within the District than desired in the City as a 95 whole. All funds received that are related to the Special Revenue 3 96 Fund shall be annually appropriated for purposes consistent with term 97 of this ordinance, and, beginning July 1, 2002, the City Manager will 98 cause the Special Revenue Fund to be budgeted in the operating 99 budget. All taxes levied and collected pursuant to this chapter 100 within the District shall be segregated and only used to pay, either 101 in whole or part, the expenses and charges for providing and services 102 within the District as described in this ordinance. No additional tax 103 shall be levied for or used to pay for schools, police or general 104 government services not authorized by Code of Virginia § 15.2-2403. 105 B. Levy of Additional Taxes. Pursuant to the authority 106 contained in Code of Virginia § 15.2-2403, the city council may levy 7 and provide for the collection of additional taxes within the 108 District to fund the City's obligations to pay, either in whole or 109 part, the expenses and charges for providing and maintaining services 110 and necessary facilities in the service district as described in this 111 ordinance. Such additional taxes may include an annual tax upon any 112 property in the service district which is subject to local taxation. 113 9. Transmittal, Public Inspection and Filing of Ordinance. 114 (a) The City Clerk is directed to immediately send a copy 115 of this ordinance to the Real Estate Assessor and the Director of 116 Finance. 7 (b) The City Clerk is directed to make a copy of this 118 Ordinance continuously available for inspection by the general public 119 during normal business hours at the City Clerk's office from the date 120 of adoption hereof. 121 (c) The City Clerk, in collaboration with the City 122 Attorney, is authorized and directed to immediately file a certified 123 copy of this ordinance with the Circuit Court of the City of Virginia 124 Beach. 125 10. Effective Date. This ordinance shall be effective July 1, 2002. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of May , 2002. 4 CA8393 F:\Data\Noncode\towncenterphl.ord4.wpd R-2 May 3, 2002 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 43110 c „.A.C4C1. �,GtL4t1ytl :/ f Management Services City Atto4r"'s dice 5 1 A RESOLUTION TO AUTHORIZE AN 2 AGREEMENT BETWEEN THE CITY AND THE 3 CENTRAL BUSINESS DISTRICT ASSOCIATION 4 5 WHEREAS, the City Council established the Town Center Special Service District 6 (the "Town Center SSD") in 2002, and such District requires all additional taxes generated 7 by the Special Service District levy to be deposited into the Town Center SSD Special 8 Revenue Fund; and 9 10 WHEREAS, the Town Center SSD authorizes the expenditure of additional levies 11 to be expended for the operation and maintenance of public parking garages and 12 enhanced services including maintenance and cleaning of public streets and sidewalks, 13 more frequent garbage removal and disposal, enhanced lighting, additional beautification 14 and landscaping for the public places and extra security; and 15 16 WHEREAS, at the same meeting as this resolution is presented to the City Council, 17 there is an ordinance to amend the Town Center SSD's authorizing ordinance to add 18 services and to allow the delegation of certain powers and responsibilities to a nonprofit 19 corporation. 20 21 WHEREAS, the City Staff seeks approval of an agreement between the City and 22 the Central Business District Association, a Virginia non-stock corporation, to provide 23 certain special service district levies and to delegate certain specific facilities and services 24 within the Town Center SSD, a summary of material terms is attached hereto as Exhibit 25 A; 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA, THAT: 29 30 The City Manager or designee is hereby authorized to execute an agreement 31 between the City and the Central Business District Association provided such agreement 32 is approved as to legal sufficiency by the City Attorney or designee and the terms and 33 conditions of such agreement are consistent with the summary of material terms attached 34 hereto as Exhibit A. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPRfl. ED AS TO LEGAL SUFFICIENCY: gr;?iti ,P‘ J Strategic rowth Area 0 ;ce City Attorney's Office CA14332 R-2 May 29, 2018 EXHIBIT A SUMMARY OF MATERIAL TERMS Parties: City of Virginia Beach ("City") Central Business District Association("CBDA") Term: One year(July 1, 2018 to June 30, 2019) with up to four(4) one-year renewals with the mutual agreement of the Parties. Annual Maximum Cost to Town Center SSD: Holiday features (festive fixtures for holidays and special occasions) and connectivity initiatives: not to exceed $150,000, with each item individually approved by City. City contribution to programming costs for recreational and cultural activities: $200,000 Other Requirements: CBDA to submit an annual budget to the City Manager's Office for review and approval. City Manager's Office to oversee City administrative review panel that is required to review the submitted budget within 30 days of submission. Town Center Advisory Board to participate in oversight function. CBDA may seek private sector sponsorship to offset programming costs for recreational and cultural activities. City funding(SSD levies)is subject to annual appropriation. CBDA to be provided a management fee for programming and for holiday features. CBDA to work with the City Special Events Office to coordinate activities requiring special event permits as required by City Code § 4-1 and to address possible First Amendment activities. 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. SECIION 1 / APPLICANT DISCLOSURE Organization name: Ciz,s-AJTQak. rcir a�)e s� b( s c 2�e SECTION 2. SERVICES DISCLOSURE ASSOCIA-bclt Are any of the following services being provided in connection with the applicant? If the answer to Amy it;err; Is YES, pleas,: identify the firm or individual providing the service: YES I NO ` SERVICE PROVIDER (use additional sheets if L - _-T=-_-----�� _ needed) re/ in J Accounting and/or preparer of 50 N e S CPA 6 `p your tax return E I inanciai Services (include E21( lending/banking institutions and Tow N-e_ /5Akc , current mortgage holders as fi appticabie) CI4ectL J rJ (o . Q 1 Legal Services o AS fou L3rukeri Contractor/Engineer/Other .service= Prc.Widers NA— tti CERTIFICATION: ' I certify that all of the information contained in this Disclosure Statement Form is complete, true, and ..;:cura.t I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. r , 1A14-/v) 6)1-- -- - de-/�NNLy- V•�J S- �2s cid( 411,1111) �AS SIGNATURE PRINT NAME DATE{ F __�_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from My III Sons, L.L.C. (29.69+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $540,358, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS MEETING DATE: June 5, 2018 • Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. • Considerations: The subject property consists of one (1) parcel of land having approximately 29.69 acres outside of marshland or swampland. It is owned by My III Sons, L.L.C., a Virginia limited liability company. Under current development regulations, there is a total development potential of two (2) single-family dwelling building sites, and zero (0) have been reserved for future development. The parcel, which is shown on the attached Location Map, is located at 1812 Indian River Road (GPIN: 2413-32-9436) in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $540,358. This price is the equivalent of approximately $18,200 per acre. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.82% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 4.82% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. • Alternatives: The City Council may decline to purchase the development rights to the property. • Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. • Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Disclosure Statement Form Location Map Recommended Action: Adoption )-\ .., Submitting Department/Agency: Agriculture Department City Manager: -�j�t4 L. 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM MY III SONS, L.L.C. (29.69+/- ACRES), 2) THE 4 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS 5 IN THE MAXIMUM PRINCIPAL AMOUNT OF $540,358, AND 6 3)TRANSFER OF FUNDS TO PURCHASE U.S. TREASURY 7 STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $540,358; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1 . The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 2.82% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 4.82% unless the approval of the City Council by resolution 39 duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $243,161 from the 63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 64 (302), and the City Manager is empowered to transfer sufficient additional funds or return 65 funds not required,within the dollar limits provided by the Annual Appropriation Ordinance, 66 to purchase the United States Treasury STRIPS as described in the Installment Purchase 67 Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City 70 Council. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 73 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: AA 7(.44,1/— - �. ; ! U' A ricul e Department : dget and Management Services �'ERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: ORFUNDS: Z(//C( ///In' ►' ector of inance City Attorney's Office CA14232 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D011\P015\00049813.DOC R-1 May 24, 2018 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2017-154 SUMMARY OF TERMS SELLER: My III Sons,L.L.C., a Virginia limited liability company PROPERTY LOCATION: 1812 Indian River Road(GPIN: 2413-32-9436) PURCHASE PRICE: $540,358 EASEMENT AREA: 29.69 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (0 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 2.82%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("WA")). Rate may not exceed 4.82%without approval of City Council. TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: WA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. 4-- Z LO M U N ' / t.s r+i (. / L • s ' i/ C.. / '�y� ''tt � .. •� P Z 3 - 1 2 . .. . c=1 - - , ,--. . ..4, 0 -c) — ,c, ... s._ co co m .,:r , n: 0— 0 �— . A U Q 17 —IW N a s z G' O ; -- . �.. ,ice t d - Y • ;.-. - „y. 7 _ 2 =1 M ‘-1 . _ c .F3 a v l0 0 m 7.3 CDm L_ 1 U N N ---- c,, -, � m = = al I LA v) CZ ro U U H N N 1z a- 2 a a �� °o °o O co c� o N 0 .— o CL O M Q m LLct U V) N N N in m ^ ` M U U 1 W N L I O >, -N 2 1 D.E 00 3 N ct 1- f0 t0 g C Virginia Beach APPLICANT'S NAME My III Sons, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks 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: ❑ REVISIONS SUBMITTED DATE: Virginia Beach l l Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Z. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: My III Sons, LLC If an LLC, list all member's names: Barry D. Knight 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 DIST i fSi`�p� Complete Section 2 only if property owner is different from Applicant. l i e ck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, c thher unincorporated organization. nCheck here if the PROPERTY OWN"! !e r r-r7*i?n fi-n7 busine_- following. IAI I ict thn Prnr'ortb Owner's name: If an LLC, list the member's name Page 2 of 7 lkilB 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 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return ® Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than 111 ® the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Mpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) ® Construction Contractors XIEngineers /Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers / j, 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 n ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 3 I 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 App i ation. Ar Barry D. Knight 7 3 -/ APPLI4 ANT' GNAT E PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return nn 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 1 purchaser of the subject property J (identify purchaser(s) and purchaser's service providers) Construction Contractors nn 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) 111 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 r an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 ilvB,,,, / 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. �,,, �� Barry D. Knight ,)3 PROPS O ER'S SIGNATURE PRINT NAME DATE Page 7 of 7 GN��,[ H sJ 6 J ••-•=r:---- J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the release of certain City-held deed restrictions on the property located at 296 Kings Grant Road (GPIN 1497-15-6395) MEETING DATE: June 5, 2018 ■ Background: In 1975, the City of Virginia Beach (the "City") acquired approximately 34.6 acres of land near the present intersection of Virginia Beach Boulevard and Kings Grant Road, including the historic Francis Land House, from the Industrial Security Company. In 1979, the City sold a .741-acre (+1-) portion of the property (the "Property") to Tidewater Automotive Association with several conditions restricting the use of the Property set forth in the deed (Deed Book 1931, at page 709) (the "1979 Deed"). The deed restrictions require that the Property be used for commercial, retail and office activities, prevent uses that would interfere with the viewshed from the Francis Land House and give the City approval rights over any proposed development. The Property was transferred in 2010 to TAA Virginia Beach Branch Property ("TAA"), which now plans to sell the Property to Evergreen Virginia, LLC ("Checkered Flag"), the owner of the adjacent site located at 3033 Virginia Beach Boulevard. Checkered Flag would like to develop the Property to expand its adjacent automobile sales facility. Checkered Flag has requested that the City release certain portions of the deed restrictions contained in the 1979 Deed. The deed restrictions requested to be released are restrictions preventing the property from being used for automobile repair establishments, automobile sales and rentals, boat sales and commercial parking lots (the "Dealership Restrictions"). If the Dealership Restrictions are released, all other deed restrictions in the 1979 Deed will remain in full force and effect on the Property. • Considerations: The Property is developed with an office building, but that building will be demolished if the City Council grants Checkered Flag's request. Checkered Flag submitted its plans to the Historic Preservation Board and advised them of their request to the City to release the Dealership Restrictions. There were no objections to the release of the Dealership Restrictions, and the Historical Review Board issued a Certificate of Appropriateness regarding demolition of the existing office building following the Board's review on January 22, 2018. An application for a modification of a conditional use permit affecting the Property is also on the agenda to be heard by Council on the same date as this request. • Public Information: Advertisement in The Virginian-Pilot Beacon regarding the disposition of the Dealership Restrictions. Advertisement of the City Council Agenda. • Alternatives: Enforce the Dealership Restrictions. • Recommendations: Approval • Attachments: Ordinance, 1979 Deed, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: II 1 AN ORDINANCE AUTHORIZING THE RELEASE OF 2 CERTAIN CITY-HELD RESTRICTIONS ON THE 3 PROPERTY LOCATED AT 296 KINGS GRANT ROAD 4 (GPIN 1497-15-6395) 5 6 WHEREAS, the City of Virginia Beach (the "City") was the owner of 7 0.741 acres of land (the "Property") at the intersection of Virginia Beach Boulevard 8 and Kings Grant Road near the historic Francis Land House; 9 10 WHEREAS, in 1979, the City sold the Property to Tidewater Automobile 11 Association with several conditions restricting the use of the site by restrictions set 12 forth in the Deed dated August 14, 1979 and recorded in the Clerk's Office of the 13 Circuit Court of the City of Virginia Beach (the "Clerk's Office") in Deed Book 1931, at 14 page 709 (the "1979 Deed"); 15 16 WHEREAS, the Property was transferred in 2010 to TAA Virginia Beach 17 Branch Property ("TAA"), which now plans to sell the Property to Evergreen Virginia, 18 LLC ("Checkered Flag"), the owner of the adjacent site located at 3033 Virginia Beach 19 Boulevard; 20 21 WHEREAS, Checkered Flag (the "Applicant") would like to develop the 22 Property to expand its adjacent automobile sales facility (the "Development"); 23 24 WHEREAS, in order to accommodate the Development, the Applicant has 25 requested that the City release and vacate certain portions of the deed restrictions; 26 27 WHEREAS, the deed restrictions requested to be released are restrictions 28 as set forth in Paragraph 1 of the 1979 Deed prohibiting the Property from being used 29 as follows: 30 A. Automobile repair establishments. 31 B. Automobile sales and rentals. 32 C. Boat sales. 33 D. Commercial parking lots. 34 35 (the "Dealership Restrictions"); 36 37 WHEREAS, if the Dealership Restrictions are released, all other deed 38 restrictions affecting the Property will remain in full force and effect on the Property; and 39 40 WHEREAS, the City Council is of the opinion that authorizing the release 41 of the Dealership Restrictions to allow the Development would be in the best interests of 42 the City. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 45 OF VIRGINIA BEACH, VIRGINIA: 46 47 1. That the City Council hereby authorizes the release and vacation of the 48 Dealership Restrictions, which were created in subparagraphs A, B, C and D in 49 paragraph 1 of the 1979 Deed; 50 51 2. That except for the release and vacation of the Dealership Restrictions 52 authorized herein, all other restrictions, limitations, and terms of the 1979 Deed shall 53 continue to remain in full force and effect; and 54 55 3. That the City Manager is hereby authorized to execute any documents 56 necessary to grant such release and vacation as may be consistent with this 57 Ordinance and acceptable to the City Manager and in a form deemed satisfactory by 58 the City Attorney, and that such documents may be recorded in the land records of the 59 Clerk's Office. 60 61 This ordinance shall be effective from the date of its adoption. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the 64 day of , 2018. CA14213 R-1 5/1/18 PPROVED AS TO CONTENT APPROV ' AS TO ONTENT ) I SL\---,a, c w_ • lanri ng Economic Dev lop -nt PPROVED AS TO LEGAL SUFFICIENCY City A 's O oak .* VO 00 t . ,,.,_ 10.: 1.- , , ,,„ Q0e- N' cn 3 CO\ , ,-I'Ill.,'"'"'''f, ,7''''• ,.• ' ~r--- - -.*.'. CC 4( 0 5 N o 0 a Q . 44 F `L # , '' 4 ' 121.: : :i -, s _ VI, ° ' e ''''..,,"4".4. '.- Ott 30, 0., 7t ` U ,,, . - ',., '''",. ,...,. Ilk., * - _.\ I,': -. '. \*.-. . . - ..............________J ti CIy , a V $ oy " . ' - - -;'''''/ 0 * -1\ C1 _� i 4' ' 1!, , / \ \:- ON'. ''r - '. \ ''' -_ \ :-.': : - / .., fi _=..._ - . t a. r 4 • r o o : -'t);:- ' :---cgmn Q S ,‘, l-------; '-'--, ,,I..' 4i):A1'2'' o 'p a P N >-' '/, l _ �- , .... ! I 22033 1931 aAU709 4iatl.so THIS DEO, [lade this /4c/4day of /g45.10 J., 1979, by and between the CITY OF VIRGINIA REACH, a municipal corporation of the I"' Commonwealth of Virginia, sometimes referred to herein as theCit " y", party of the first part; and TIOEWATER AUTOMOBILE ASSOCIATION OF VIRGINIA, INC., party of the second part. WI TUE SSE TN: That for and in consideration of the sum of TEN DOLLARS (510.00), a i , and other good and valuable consideration, the receipt of which is hereby 8-4,1; acknowledged, the said party of the first part does grant, bargain, sell. assign and convey, with General Warranty and with English Covenants of eg Title, unto the said party of the second part the following described a ` property (hereinafter referred to as the "Property"), to-wit: All that certain tract, piece or parcel of land lying, situate and being in the City of Virginia Beach, Virginia, containing 0.741 acres end designated as Parcel G-3 on that certain plat entitled "SUBDIVISION OF ROSE HALL OFFICE PARK. LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA", dated: June, 1978, prepared by Marsh and Basgier, Inc., P.C., Engineers-Surveyors-Planners, r 101 North Plaza Trail, Virginia Beach, Virginia, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, fn Map Book 135 , at Page Ste. IT BEING a part of the property conveyed to City of Virginia Beach by deed of Industrial Security Company. dated July 1. 1975, and recorded in the above Clerk's Office in Deed Book 1506. at Page 465. This conveyance is made subject to the conditions, restrictions, easements and reservations of record in the chain of title, if any. constituting. constructive notice thereof„ and is specifically made subject to the following covenants and restrictions: (1) The Property shall only be used for commercial, retail and office activities. The following businesses are specifically prohibited within the boundaries of the Property: A. Automobile repair establishments. r—? B. Automobile sales and rentals. C. Boat sales. D. Commercial parking lots. ' i 0.01N, e4s 4 'j BG014.931 WOW I, E. Marinas including sto-age end repair of boats. is it F. Commercial kennels. 1. (2) No noxious or offensive activity of any character shall be Icarried on upon the Property, nor shall anything be done thereon which may t [ reasonably be considered a nuisance. i' (3) All plans pertaining to building design, construction, II I, landscaping, signs and subsequent alterations are subject to the prior written approval and consent of the City of Virginia Beach Historical Review ,I Board in conjunction with the Department tf Economic Development. City of ,. Virginia Beach, Virginia. Three sets of plans end specifications shall be I presented at the tiro approval is sought. Final determination of number and ii type of exhibits required will be decided upon by the above-named agencies 1 `i after consultation with the prospective purchaser. Neither the Historical ill Review Board nor the City of Virginia Beach shall be liable in damages for I `( any act of omission regarding the approval or disapproval of the plans and 4 !1specificationssubmitted to them. IAll buildings and other improvements are to be situated so as 'I to preserve the existing trees whenever possible. Trees not in the actual Ii 1 path of construction are to be protected fro- damage during construction and 1 are to be shown on the landscaping plans. All permanent ditch banks and . swales are to graded, seeded and maintained in conjunctionwith II the landscaped areas of the site. i I I (4) All buildings and improvements shall be constructed and maintained by the owner in accordance with the following standards, unless ^ ' an exception is approved in writing by the Department of Economic i Development and the Historical Review Board: iI A. in oenerai, traditional, lEth Century coloniai-style Iarchitecture is to be used in the design of all new structures (see attached Exhibit A). B. Exterior walls of each banding are to be finished with i Colonial wood siding, vinyl Craluminium t Y siding, brick, or its equivalent in � i aesthetic value. . /"-I C. Exposed wood Is to receive appropriate architectural treatment, be properly maintained and be repainted on a regularly scheduled j 1 basis. I -2- I 1 .tea ,^ 6=1931 H41711 D. All on-site electrical, telephone and other utility lines shall be underground and shall not be exposed on the exterior of any building or improvements. E. All electrical and mechanical apparatus, equipment, fixtures (other than lighting fixtures), conduit, ducts, flues, and pipes located on the exterior of any building shall be concealed from view from Istreets and from buildings on other sites, and shall be architecturally treated in a manner acceptable to the Historical Review Board. F. Sidewalks are to be constructed using exposed aggregate concrete. brick pavers, cobblestones or other materials of equivalent aesthetic value. Any construction other than the above shall be submitted to the Historical Review Board through the Department of Economic Development for prior written approval. (5) State, federal and local requirements shall control as to the height of Improvements to be erected. Also, approval by the Historical Review Board and the Department of Economic Development shall be obtained. The following structures. among others, shall require approval as to height: A. Chimneys and smoke stacks. B. Cooling equipment. C. Flags or banners. D. Penthouses or structures for housing elevators fi{ or equipment. E. Radio or television towers. F. Skylights. • G. Stairways. H. Other equipment required to operate and maintain the building. (6) The minimum building site area shall be 22,000 square feet. The Property shall not be subdivided so as to make more than one lot out of the Same and no portion of the Property shall be conveyed apart from the C I -3- t 1i a1Dx1931 PAGf 712 whole without first obtaining the prior written approval of the Virginia Beach City Council. Request for such approval shall be made through the { Department of Economic Development. (7) No building or structure shall be erected nearer than 1thirty-five (35) feet to any existing or proposed street or nearer than : ( if fifteen (15) feet tc the side and rear lines of the Prape-ty. ;t being the (4 intent that an open are: of at least thirty (30) feet, ten (10) contiguous i? feet of which must be landscaped, shall exist between all adjacent buildings I i or structures. The area between the Property lines and the building lines is to be used for landscaping, lawns, walks or off-street parking. provided, that no parking shall be allowed within fifteen (15) feet of the street I right-of-way line. Such area shall be designated as a 'landscaped area' to be kept free of any improvements other than trees. shrubs and lawns except i that driveways and walkways shall be allowed. (8) No loading doors or service entrance doors shall be constructed or located fronting on any street or proposed street without the 11 express written consent of the Historical Review Board through the Department of Economic Development. Provisions for handling all shipments and deliveries must be on those sides of any buildings which do not face on any street or proposed street, unless otherwise approved by the Historical 1(i4 Review Board, and the Department of Economic Development. (9) It shall be the responsiblity of the Property owner to rovid ,I provide adequate off-street parking space as required by the applicable Virginia IJ Beach development ordinances. To enhance the appearance of the Property, wherever possible, parking and service areas are to be located on those sides of each building which do not front on the street. Driveways for Ingress and egress to serve such parking areas may extend across the above-Stated minimum setback and Ishall be designed, installed and maintained in a clean and neat condition. Ii! The surface of all driveways and permanent parking areas shall be of concrete, asphalt. bituninious or such material as may be approved in writing by the Department of Economic Development and the Historical Review ^" Board. It shall be the Grantee's responsiblity to extend driveways to existing or projected streets at no expense to the City, even though part of this construction is within the street right-of-way. -4- '-' Nal931 ix(713 (10) No materials, supplies, equipment or trash or refuse shall be stored on a site except inside a building. (11) All outdoor advertising shall require the prior written r approval of the Department of Economic Development and the Historical Review Board, and graphics showing recommended design are on file with the Board. Masonry, wooden, and wrought iron materials or a combination thereof are the . preferred materials far signage. Outdoor advertising shall comply with Article 9.8.914 of the Virginia Beach Comprehensive Zoning Ordinance, as amended. The content of of the sign shall be limited to the identification of the product or services sold or produced on the premises, and the name of the establishment. Temporary signs, not to exceed thirty-two (32) square feet in area, and relating to the sale or lease of the premises, may be f."‘ located in a front yard. A temporary sign, not to exceed one hundred (100) square feet in area, and announcing the location of a proposed building in said project may be located within the building area of the site. Flashing or intermittent signs are prohibited. (12) All structures, including, but not limited to, buildings, PIMsigns and fences shall be maintained In good condition and repair by the L ' owner and/or tenant. (13) To insure the attractiveness of the Property, and to provide adequate off-street parking and service areas, provisions have been make for a four-to-one land-to-building coverage ratio (4:1). Therefore. buildings may corer a maximum of twenty-five percent (25%) of the Property. (14) If unimproved, the Property shall not be sold unless and until the sale had been approved, in its sole discretion, by the City Council of the City of Virginia Beach, which approval shall be evidenced by the City's execution of the deed of conveyance. Requests for such approval shall be made through the Department of Economic Development. (15) Each of the foregoing covenants and restrictions shall run with the land and a breach of any one of them, at the option of the City. Its successors or assigns, may be enjoined, abated or remedied by such remedies as are provided for in law or in equity. It is understood. however. that the breach of any one of the foregoing g ng covenants or restrictions shall not defeat or render invalid the lien of any mortgage on 1 -5- ACV 1931 tAE7i4 , the Property or part thereof made in good faith and for value and shall not i; prevent the foreclosure sale of the Property or any part thereof, provided, however. that each and all of the foregoing covenants and restrictions shall 1 at all times remain in full force and effect against the Property or any part thereof, title to which is obtained by foreclosure of any mortgage or other lien. (16) Invalidation of any of the foregoing covenants or restrictions by a court of competent jurisdiction shall in no way affect any ` of the other provisions which shall remain in full force and effect. The h restrictions shall be covenants running with the land and shall be perpetual 4 covenants and restrictions, binding upon the grantees. their heirs and assigns. (17) Each of the foregoing covenants and restrictions are for the ,I express benefit of the City of Virginia Beach and the respective purchasers I; and users of parcels iccated within the Rose Hall Project as shown on the I 'Covenants and Restrictions Location Map' attached hereto and made a part hereof. 1 (18) Each of the foregoing covenants and restrictions may In its FIN 'Cs sole discretion be valved, rescinded. modified or altered by the City i Council of the City of Virginia Beach and are in lieu of any unrecorded 1 covenants and restrictions. All requests for waivers, etc.. shall be made 1+ through the Deportment of Economic Development. All rights whatsoever ir r created herein or hereby shall apply to the Property and the Rose Hall Project. The City Council reserves the rioht in its sole discretion to change or omit any and all covenants and restrictions in any future conveyances of property within the Rose Hall Project. IN WITNESS WHEREOF, the City of Virginia Beach has caused its name {i to be hereunto signed by its City Manager and its seal to be hereunto ,ay��'� ..affixed attested to by its City Clerk, all duly authorized. Act CITY fi; VIRGINIA BEACH • Ci y Manager + f .4' PPRO`CLT AS TO CONTENTS tt ty flerk AP:,o:'ea t S TO FORM OTT ATTORNEY • • ,-, ant 1931 rut 715 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, C>TP ectL_Ow � .,I, . a Notary Public in and for �`- the City and State aforesaid, do hereby/certify that GEORGE L. HANBURY, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, VIRGINIA, whose names as such are signed to the foregoing Deed, bearing date on the j444,4 day of Qtr(Srre.f , 1979, have acknowledged the sane before me in ely City end State aforesaid. Given under my hand this /'/s•, day of a t41/ . 1979. 04,E<:I At f f� Notary b My Commission Expires: -5//r30/,6,q rIN CAS/cJ 8/9/79 b -7- N 193/ PACE7I6 I I o I-, _ ICI fiviaivii.., klfz4_ Ti f ✓.I.J. y• •.S •.r v t t II r tti in 40.P : . ie. . mg -1......1......i Algij - - . EL ,_ ,-R,,,_.13 . .-. 141_:_,-, S -:- .; •• n 3 d U r VIRGINIA: /1 !a / Verb's//�O//itr'ao/ lb* Ci,.ld Caws o/ Yrr;toir RecA,_ .1!+,,. .day uO/...._..._.... 19.,.'2Y +1 to:.P. Ibis inraraneni war received dad upas /b, ciao-tr.of atlibrwhoiswma Ameba comma.admitted SO reeO.d. "T Jar imposed by fa—X.!o/:be Code. s' baa baso pai,is the amount of/......,. . 6r a o • TESTE: JOHN V. PENTRESS, Club by: . .. D. C. • • Cu i3 T t lP.,Gtstk Sesa:4 C A .• . sou 1931 Pa,E716 I I ..7 !.:..e r i -. . d, -•- -.• ..*"� t- to- .. v'� 1" L r_ • 'tam*?.s .",4'__ ' -..,-9c w,; : +S^ r, r r' ra J 110 Vis/ 1"•m'" i ' !=i ; " '�_ t • ti6 i U 3 , c,uTa -r .t r r • VIRGINIA: / In J Clerk's O//ier,al s!e Circuit Cola of Virtlele Bark„•, i,. ray {//�/,�� pp e u C .• .._.. . 19 .• •,•,.os iQ...1,.„,........... tits intsrpwMt war received sod upon tie o cerci/icae of ma I.dj.ens sberero smutted.odsittei to sword. 'Ti tag imposed by 311-5d.1 of tie Code. I has Mea paid in she aonomt a/1 O 0 TRITE' /ONN V. FENTRESS. Cirri rquAL Tema'1 Cu �3C A I Virginia Beach APPLICANT'S NAME Evergreen Virginia, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. II ---I4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY /All discicsures must be updatec two(2, v.eeks prior to an, Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s) El PLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE ,5 /,e 0 REVISIONS SUBMITTED DATE: / Virginia Beach 0 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: Evergreen Virginia, LLC If an LLC, list all member's names: Steve Snyder 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 4 G SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 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:Tidewater Automobile Assoc. of If an LLC, list the member's names: Page 2 of 7 � h Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) See attached list (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. 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 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return X( Architect / Landscape Architect / Covington Hendrix, MSA, P.C. / Land Planner ❑ Contract Purchaser (if other than the Applicant) - identify purchaser J and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) I I ® Construction Contractors Engineers / Surveyors/ Agents MSA, P.C. Financing (include current Towne Bank 111 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Billy Garrington Real Estate Brokers / XAgents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 "\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 Applic on. 1%0 AP LICANT'S SIGN URE PRINT NAME TE Page 5 of 7 n 117:3 OWN ER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Ti I�� Accounting and/or preparer of your tax return ;' I I Architect / Landscape Architect / Covington Hendrix ' I Land Planner Contract Purchaser (if other than 111 the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed I I (7 purchaser of the subject property E (identify purchaser(s) and purchaser's service providers) E Ix Construction Contractors xEngineers / Surveyors/ Agents MSA, P.C. Financing (include current n IJP 5< mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X1=1 Legal Services Billy Garrington 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 O F7 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 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 Application. C .J. C�A�Z- H. 0Krrro/JD f 3lJ PROPERTY OWNER'S SIGNATURE INT NAME ATE 1 1 ) Page 7 of 7 C5;q:i U1S c,* TO TABLE OF CONTENTS TIDEWATER AUTOMOBILE ASSOCIATION OF VIRGINIA, INCORPORATED (a Virginia non-stock, not for profit corporation) TO ALPHA INDEX Corporate Member. Auto Club Enterprises Directors: Robert T. Bouttier,Chair Thomas V.McKernan John F.Boyle Carol H.Ormond Officers: Carol H.Ormond President and Chief Executive Officer Jeffrey W. Barr Chief Financial Officer and Treasurer Gail C. Louis Secretary 7 Effective as of 1/3/2018 I 0 4 "•" it - ' i \N pJJ ,,,,,„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 2018-19 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: June 5, 2018 ■ Background: The Department of Housing and Neighborhood Preservation (DHNP) receives Federal funding for a significant portion of its budget. The actual awards for the Department's Federal Entitlement Funds were not received until May 2, 2018, and therefore were not able to be incorporated into its previously submitted budget for FY 2018/19. This ordinance will adjust the appropriations so that they match the actual awards. The following chart outlines the changes needed to reflect the actual awards: FY 2018/19 Programs Appropriated Actual Award Variance CDBG $ 1,824,317 $ 2,000,832 $ 176,515 HOME $ 788,573 $ 1,122,655 $ 334,082 ESG $ 160,042 $ 164,230 $ 4,188 HOPWA $ 1,345,472 $ 1,524,127 $ 178,655 Total $ 4,118,404 $ 4,811,844 $ 693,440 As such, DHNP is requesting the following adjustments to its FY18-19 Operating Budget: • Appropriate $176,515 in Community Development Block Grant (CDBG) Funds. • Appropriate $334,082 in HOME Investment Partnership Program (HOME) Funds. • Appropriate $4,188 in Emergency Solutions Grant (ESG) Funds. • Appropriate $178,655 in Housing Opportunities for Persons With AIDS (HOPWA) Funds. Additionally, on April 6, 2018, DHNP received an award of $39,161 to support five (5) additional Veterans Affairs Supportive Housing (VASH) vouchers that will provide rental subsidies to five (5) previously homeless veterans. The department is requesting that these funds also be appropriated to its FY 2018-19 Operating Budget. • Considerations: This action updates the DHNP Budget to align with the proposed federal funding for FY18-19. The increased Veterans Affairs Supportive Housing vouchers will allow additional assistance to homeless veterans. • Public Information: Normal agenda process. • Recommendations: Approval of the attached ordinance • Attachments: Ordinance Recommended Action: Approval • ' Ali Submitting Department/Agency: De•- :n/ . ousing and Neighborhood Preservation City Manager: l 1 AN ORDINANCE TO AMEND THE FY 2018-19 2 OPERATING BUDGET OF THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 The Department of Housing and Neighborhood Preservation's FY 2018-19 9 Operating Budget is hereby modified for the amounts and purposes set forth below: 10 11 1) Appropriate $176,515 in Community Development Block Grant (CDBG) Program 12 income to be received through FY 2018-19 in excess of original estimated amounts. 13 These funds will be utilized for Affordable Housing creation and/or rehabilitation per 14 CDBG regulations, with program revenues increased accordingly; 15 16 2) Appropriate $334,082 in HOME Investment Partnerships Program (HOME) income 17 to be received through FY 2018-19 in excess of original estimated amounts. These 18 funds will be utilized for Affordable Housing creation and/or rehabilitation per HOME 19 regulations, with program revenues increased accordingly; 20 21 3) Appropriate $4,188 in Emergency Solutions Grant income to be received through FY 22 2018-19 in excess of original estimated amounts. These funds will be utilized for 23 DHNP programs/services to assist the homeless, with program revenues increased 24 accordingly; 25 26 4) Appropriate $178,655 in Housing Opportunities for Persons with AIDS income to be 27 received through FY 2018-19 in excess of original estimated amounts. These funds 28 will be utilized for DHNP programs/services to assist persons with AIDS, with program 29 revenues increased accordingly; and 30 31 5) $39,161 of Veterans Affairs Supportive Housing awards are hereby accepted, with 32 program revenues increased accordingly, and appropriated to the FY 2018-19 33 Operating Budget of the Department of Housing and Neighborhood Preservation to 34 provide rental subsidies to five (5) additional previously homeless veterans. 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: Budget & Management Services City At .rn-y's Office CA 14439 R-1 May 22, 2018 f[ ,-'.C:11;‘‘1,4', °'"�Y �yg 1j CLL" ),_.9 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution of the City Council of the City of Virginia Beach, Virginia, Approving the Issuance by the City of Virginia Beach Development Authority of a Revenue and Refunding Bond in a Principal Amount Not To Exceed $36,000,000, the Proceeds of Which Will Be Loaned to Virginia Wesleyan University, and Upon Which the City of Virginia Beach Shall Not Have Any Payment Obligation MEETING DATE: June 5, 2018 • Background: The City of Virginia Beach Development Authority (the "Authority") has considered the application of Virginia Wesleyan University ("Virginia Wesleyan"), requesting the issuance by the Authority of its revenue and refunding bonds in an amount not to exceed $36,000,000 (the "Bonds"), to provide financing for (a) refunding the Authority's Revenue and Refunding Bond (Virginia Wesleyan College Project), Series 2012 (the "Series 2012 Bond"), which refinanced certain university facilities owned by the Virginia Wesleyan and located at its campus, (b) financing all or a portion of the costs of acquiring, planning, designing, constructing and equipping the refurbishment of certain existing university buildings owned by the Virginia Wesleyan and located at its campus, (c) financing all or a portion of the costs of issuance of the Bonds, and (d) financing all or a portion of the costs associated with refunding the Series 2012 Bond, including the funding of any payment required to terminate the interest rate swap that was identified as a qualified hedge for the Series 2012 Bond. • Considerations: The matter comes before Council for its approval pursuant to §15.2-4906 of the Code of Virginia, which requires the municipality on whose behalf the bonds of an authority are issued to either approve or disapprove any financing recommended by a development authority within sixty (60) days of the date of the authority's public hearing. The Authority's public hearing was held on May 15, 2018. Virginia Wesleyan is a not for profit university providing educational opportunities for the citizens of Virginia Beach and the Commonwealth of Virginia. • Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of §15.2-4906 of the Virginia Code. • Recommendation: Approval • Attachments: Resolution for City of Virginia Beach VBDA Submission to Council: Affidavit of Publication & Notice Summary of Public Hearing Record of Public Hearing Development Authority's Resolution Disclosure Statement Authority's Statement Fiscal Impact Statement Summary Sheet Letter from Department of Economic Development, dated May 23, 2018 Location Map Disclosure Statement Form Recommended Action: Approval Submitting Department / Agency: Economic Development' �S City Manager: . 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 2 OF VIRGINIA BEACH, VIRGINIA, APPROVING THE 3 ISSUANCE BY THE CITY OF VIRGINIA BEACH 4 DEVELOPMENT AUTHORITY OF A REVENUE AND 5 REFUNDING BOND IN A PRINCIPAL AMOUNT NOT TO 6 EXCEED $36,000,000, THE PROCEEDS OF WHICH WILL 7 BE LOANED TO VIRGINIA WESLEYAN UNIVERSITY, 8 AND UPON WHICH THE CITY OF VIRGINIA BEACH 9 SHALL NOT HAVE ANY PAYMENT OBLIGATION 10 11 WHEREAS, the City Council of the City of Virginia Beach (the "City Council") has 12 been advised that there was described to the City of Virginia Beach Development 13 Authority (the "Authority") the plan of finance of Virginia Wesleyan University (the 14 "Borrower") whose campus is located at 5817 Wesleyan Drive, Virginia Beach, Virginia 15 23455, for the issuance by the Authority of its Revenue and Refunding Bond in an 16 aggregate principal amount not to exceed $36,000,000 (the "Bond"), and to loan the 17 proceeds of such Bond to the Borrower to be used in (a) refunding the Authority's 18 Revenue and Refunding Bond (Virginia Wesleyan College Project), Series 2012 (the 19 "Series 2012 Bond"), which refinanced certain university facilities owned by the 20 Borrower and located at its campus, (b) financing all or a portion of the costs of 21 acquiring, planning, designing, constructing and equipping the refurbishment of certain 22 existing university buildings owned by the Borrower and located at its campus, (c) 23 financing all or a portion of the costs of issuance of the Bond, and (d) financing all or a 24 portion of the costs associated with refunding the Series 2012 Bond, including the 25 funding of any payment required to terminate the interest rate swap that was identified 26 as a qualified hedge for the Series 2012 Bond (collectively, the "Plan of Finance"); 27 28 WHEREAS, the City Council has been advised that the Authority held a public 29 hearing on May 15, 2018, as required by the Industrial Development and Revenue 30 Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended, as 31 incorporated by Chapter 643 of the Acts of Assembly of 1964, as amended (collectively, 32 the "Act"), and the Internal Revenue Code of 1986, as amended (the "Code"), and that 33 the Authority adopted an approving resolution (the "Authority Resolution") on that date 34 with respect to the Bond, subject to the adoption of this resolution by the City Council to 35 approve the issuance of the Bond in accordance with the Act and the Code; and 36 37 WHEREAS, a reasonably detailed summary of the comments expressed at the 38 Authority's public hearing with respect to the Bond, a statement in the form prescribed 39 by Section 15.2 4907 of the Act, and a copy of the Authority Resolution recommending 40 that the City Council approve the Authority's issuance of the Bond, have been filed with 41 the City Council. 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 44 THE CITY OF VIRGINIA BEACH: 45 1. The City Council approves the issuance of the Bond by the Authority to 46 the extent required by the Code and the Act. 47 48 2. The approval of the Authority's issuance of the Bond, as required by the 49 Code and the Act, does not constitute an endorsement to a prospective purchaser of 50 the Bond of the creditworthiness of the Borrower, and the Bond shall provide that 51 neither the Commonwealth of Virginia, the City of Virginia Beach, nor the Authority shall 52 be obligated to pay the principal, or premium, if any, of the Bond or the interest thereon 53 or other costs incident thereto except from the revenues and monies pledged therefor 54 and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, 55 the City of Virginia Beach, or the Authority shall be pledged thereto. 56 57 3. This Resolution shall take effect immediately upon its adoption. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on day of 60 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:64611-4.47/7) od Economic Development City Attorney 4 CA1.1231 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D021\P019\00224392.DOC R-1 May 25, 2018 16463581 v2 * * * Adopted by the City Council of the City of Virginia Beach, Virginia, on the 5th day of June, 2018, by the following vote: Name Vote Louis R. Jones, Mayor James L. Wood, Vice Mayor Jessica Abbott M. Benjamin Davenport Robert M. Dyer Barbara M. Henley Shannon DS Kane John D. Moss John E. Uhrin Rosemary Wilson TESTE A TRUE COPY: Clerk, City Council of the City of Virginia Beach, Virginia k r..' VIRGINIA BEACH May 25, 2018 The Honorable Louis R. Jones,Mayor Members of City Council Municipal Center Virginia Beach,VA 23456 Re: Virginia Wesleyan College-Revenue and Refunding Bond Dear Mayor Jones and Members of City Council: We submit the following in connection with the request of Virginia Wesleyan College for the issuance of revenue and refunding bonds in the amount not to exceed $36,000,000, for the project located at 1584 Wesleyan Drive in the cities of Norfolk and Virginia Beach,Virginia,. 1. Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. 2. The Disclosure Statement is attached as Exhibit D. 3. The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the modification of the bonds described above is attached as Exhibit E. 4. The Fiscal Impact Statement is attached as Exhibit F. 5. A summary sheet setting forth the type of issue, and identifying the project and principals of the applicant is attached as Exhibit G. 6. A letter from the Department of Economic Development commenting on the project is attached as Exhibit H. 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II I 1< w r g a N O I< H A CD a EXHIBIT B SUMMARY OF PUBLIC HEARING At 8:30 a.m. on May 15, 2018, the Chair of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing at the Authority office located at 4525 Main Street, Suite 700,Virginia Beach,Virginia 23462, on a plan of finance of Virginia Wesleyan University (the "Borrower"), whose campus is located at 5817 Wesleyan Drive, Virginia Beach, Virginia 23455, under which the Authority will issue its tax-exempt revenue and refunding bond in a principal amount not to exceed $36,000,000 (the "Bond"), to assist the Borrower in (a) refunding the Authority's Revenue and Refunding Bond (Virginia Wesleyan College Project), Series 2012 (the "Series 2012 Bond"), which refinanced certain university facilities owned by the Borrower and located at its campus,(b) financing all or a portion of the costs of acquiring, planning, designing, constructing and equipping the refurbishment of certain existing university buildings owned by the Borrower and located at its campus, (c) financing all or a portion of the costs of issuance of the Bond, and (d) financing all or a portion of the costs associated with refunding the Series 2012 Bond, including the funding of any payment required to terminate the interest rate swap that was identified as a qualified hedge for the Series 2012 Bond (collectively, the "Plan of Finance"). Kevin A. White, Esquire, Bond Counsel, described to the Authority the nature of the Bond and the process for its approval. James Cooper, Vice President for Finance and Administration of the Borrower, was available at the meeting to answer questions about the Plan of Finance. No member of the public spoke at the public hearing in support of or in opposition to the Plan of Finance and the Chair closed the public hearing. 16463551v2 EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY REGARDING ITS ISSUANCE OF A REVENUE AND REFUNDING BOND AND THE LOAN OF THE PROCEEDS THEREOF TO VIRGINIA WESLEYAN UNIVERSITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority") the plan of Virginia Wesleyan University, a not-for-profit Virginia nonstock corporation (the "Borrower"), whose campus is located at 5817 Wesleyan Drive, Virginia Beach, Virginia 23455, for the issuance by the Authority of its revenue and refunding bond in the principal amount of $36,000,000 (the "Bond"), to assist the Borrower in (a) refunding the Authority's Revenue and Refunding Bond (Virginia Wesleyan College Project), Series 2012 (the "Series 2012 Bond"), which refinanced certain university facilities owned by the Borrower and located at its campus, (b) financing all or a portion of the costs of acquiring, planning, designing, constructing and equipping the refurbishment of certain existing university buildings owned by the Borrower and located at its campus, (c) financing all or a portion of the costs of issuance of the Bond, and (d) financing all or a portion of the costs associated with refunding the Series 2012 Bond, including the funding of any payment required to terminate the interest rate swap that was identified as a qualified hedge for the Series 2012 Bond(collectively, the"Plan of Finance"); WHEREAS,the Borrower has advised the Authority of its intention to proceed immediately with implementing the Plan of Finance and has provided to the Authority the form of a Bond Purchase and Loan Agreement (the "Loan Agreement"), among the Authority, the Borrower and TowneBank, a Virginia corporation (the "Lender"), together with the form of the Bond and the form of the Borrower's promissory note(the"Note")payable to the Authority and the instrument of assignment thereof from the Authority to the Lender(collectively,the"Authority Documents"); WHEREAS, a public hearing with respect to the Authority's issuance of the Bond was properly noticed pursuant to the Industrial Development and Revenue Bond Act,Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended, as incorporated by Chapter 643 of the Acts of Assembly of 1964, as amended (collectively, the "Act"), and the Internal Revenue Code of 1986, as amended (the"Code"), and was held by the Authority on the date hereof prior to the adoption of this Resolution; WHEREAS, representatives of the Borrower have (a)represented that the Borrower is an organization described in Section 501(c)(3) of the Code which is exempt from federal income taxation pursuant to Section 501(a) of the Code, for which the Authority may issue "qualified 501(c)(3) bonds" as defined in Section 145 of the Code, (b) described the benefits to be derived by residents of the City of Virginia Beach (the "City") from such issuance of the Bond, and (c) requested that the Authority agree to issue the Bond as a conduit issuer under the Act and to loan to the Borrower the proceeds of the sale of the Bond to the Lender to assist the Borrower in effecting the Plan of Finance; WHEREAS, Section 147(f) of the Code provides that the highest elected governmental officials of the governmental units having jurisdiction over (a) the issuer of the private activity bonds and (b) the area where any facility financed with the proceeds of such bonds is located shall approve the issuance of such bonds; WHEREAS, the Authority issues its bonds on behalf of the City and the members of the City Council of the City of Virginia Beach, Virginia (the "City Council") constitute the highest elected government officials of the City; and WHEREAS, the Act provides that the City Council shall within sixty (60) calendar days from the public hearing with respect to any private activity bonds either approve or disapprove the issuance of such bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the Bond and the use of the proceeds thereof to undertake the Plan of Finance will serve the purposes of the Act by (a) promoting the safety, health, welfare, convenience and prosperity of the inhabitants of the City and the Commonwealth of Virginia by enhancing the ability of the Borrower to support its academic mission, and (b) financing and refinancing "authority facilities" as defined in Section 15.2-4902 of the Act, namely, facilities for private, accredited and nonprofit institutions of collegiate education in the Commonwealth of Virginia whose primary purpose is to provide collegiate education and not to provide religious training or theological education, such facilities being for use as academic or administration buildings or any other structure or application usual and customary to a college campus other than chapels and their like. 2. To assist the Borrower in executing the Plan of Finance, the Authority hereby agrees to undertake the issuance of the Bond in the principal amount of $36,000,000, and to cause the proceeds of the Bond to be loaned to the Borrower upon the terms and conditions set forth in the Loan Agreement. 3. The Authority hereby recommends to the City Council that it approve the issuance of the Bond as required by the Code and the Act. The Authority hereby directs the Chairman or Vice Chairman of the Authority, either of whom may act, to submit to the City Council a fiscal impact statement in the form prescribed by Section 15.2-4907 of the Act, a reasonably detailed summary of the comments expressed at the public hearing held at this meeting as required by Section 15.2-4906 of the Act, and a copy of this Resolution. 4. The Chairman or Vice Chairman, either of whom may act, is hereby authorized and directed to execute and deliver the Authority Documents other than the Bond, in substantially the forms presented to the Authority, with such completions, omissions, insertions and changes as may be approved by the Chairman or Vice Chairman upon advice of counsel to the Authority, the execution thereof to constitute conclusive evidence of such approval. 5. The Chairman or Vice Chairman of the Authority is hereby authorized and directed to execute, the Secretary or Assistant Secretary is authorized and directed to affix and attest the seal of the Authority, and either is authorized and directed to deliver the Bond to the Lender upon the terms provided in the Authority Documents;provided,however, that delivery of the Bond shall not occur until the Bond has been approved by the City Council. 6. The officers of the Authority are hereby authorized and directed to execute and deliver all certificates and instruments, including Internal Revenue Service Form 8038, and to take 2 all such further actions as they may consider necessary or desirable in connection with the issuance of the Bond and the undertaking of the Plan of Finance. 7. It having been represented to the Authority that it is necessary for the Borrower to proceed immediately with certain expenditures in connection with the Plan of Finance, the Authority hereby agrees that the Borrower may proceed with plans, enter into contracts, and take such other steps as it may deem appropriate in connection with the Plan of Finance and, subject to the limitations of the Code and the Treasury Regulations promulgated thereunder, the Borrower may be reimbursed from the proceeds of the Bond for all costs so incurred by it. In adopting this Resolution, the Authority is making a declaration of its official intent to reimburse expenditures with the proceeds of the Bond pursuant to Section 1.150-2 of the Treasury Regulations. 8. All fees, costs and expenses in connection with the Plan of Finance described herein, including the fees and expenses of the Authority and the fees and expenses of Bond Counsel, counsel for the Authority, counsel for the Borrower and counsel for the Lender, shall be paid from the proceeds of the Bond to the extent permitted by law or from funds provided by the Borrower. If for any reason the Bond is not issued,it is understood that all such fees and expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefor. If the Bond is issued, the Borrower shall also pay to the Authority on each anniversary date of the issuance of the Bond an administrative fee equal to one-eighth of one percent (1/8 of 1%) of the then-outstanding principal amount of the Bond. 9. The Bond shall be payable solely from the revenues, receipts and other funds provided by the Borrower for payment of the Bond. The Bond shall not be deemed to constitute a debt or a pledge of the faith or credit of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City, and neither the Commonwealth of Virginia nor any political subdivision thereof, including the Authority and the City, shall be obligated to pay the principal of, premium, if any, or interest on the Bond, or other costs incident thereto, except from the revenues, receipts and other funds provided by the Borrower. Neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City, will be pledged to the payment of the principal of, premium, if any, or interest on the Bond or other costs incident thereto. The Authority has no taxing power. No covenant, condition or agreement contained in the Bond or in any financing instrument executed and delivered in connection with the Bond shall be deemed to be a covenant, agreement or obligation of any past, present or future commissioners, officer, employee or agent of the Authority in his or her individual capacity, and neither the commissioners of the Authority nor any officer or employee thereof executing the Bond or any other financing document or instrument shall be personally liable thereon or subject to any personal liability or accountability by reason of the issuance or execution thereof. 10. The Loan Agreement provides that the Borrower shall indemnify and save harmless the Authority, its officers, commissioners, employees, agents and attorneys from and against all liabilities, obligations, claims, damages, penalties, fines, losses, costs and expenses in any way connected with the Bond. 3 11. The Authority's role in issuing the Bond shall not constitute an endorsement to any prospective owner of the Bond as to the creditworthiness of the Borrower or an approval by the Authority of the Borrower,its policies or its management. 12. All other acts of the officers of the Authority which are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bond are hereby ratified,approved and confirmed. 14. This Resolution shall take effect immediately upon its adoption and shall expire one year from the date of its adoption unless some or all of the Bond is issued within such time. The undersigned hereby certifies that the above Resolution was duly adopted by the commissioners of the City of Virginia Beach Development Authority, at a meeting duly called and held on May 15, 2018, and that such Resolution has not been repealed, revoked, rescinded or amended,but is in full force and effect on the date hereof. Dated: May ` , 2018 /444' e0/1: Assistant Secretary,City of Virginia Beach Development Authority 4 16463636v3 EXHIBIT D DISCLOSURE STATEMENT Date: May 23. 2018 Applicant: Virginia Wesleyan University All Owners: (If different from Applicant): None. Type of Application: $36,000,000 revenue and refunding bond to assist Applicant in(a) refunding the Authority's Revenue and Refunding Bond (Virginia Wesleyan College Project), Series 2012 (the "Series 2012 Bond"), which refinanced certain university facilities owned by the Borrower and located at its campus, (b) financing all or a portion of the costs of acquiring,planning, designing, constructing and equipping the refurbishment of certain existing university buildings owned by the Borrower and located at its campus, (c) financing all or a portion of the costs of issuance of the Bond, and (d) financing all or a portion of the costs associated with refunding the Series 2012 Bond, including the funding of any payment required to terminate the interest rate swap that was identified as a qualified hedge for the Series 2012 Bond. 1. The Applicant is a Virginia non-stock corporation with a principal place of business at 5817 Wesleyan Drive, Virginia Beach, Virginia 23455. 2. The Applicant is the owner of the project contemplated by the bonds. 3. The current Board of Trustees are identified on the attached Schedule A. VIRGINIA WESLEYAN UNIVERSITY By Kea:,^ • L.)L.' Bond Counsel Schedule A rn VIRGINIA Aso; lob- WESLEYAN _ , „me UNIVERSITY BOARD OF TRUSTEES 2017-2018 David L.Kaufman,Chair Founder&Senior Managing Director Envest Virginia Beach, Virginia Scott D.Miller,Ph.D.(Ex officio) President Virginia Wesleyan University Virginia Beach, Virginia Jonathan E.Pruden, Vice Chair Owner/President Taste Unlimited. LLC Norfolk, Virginia Cynthia M.Rodriguez'14,Secretary Treasurer Bay Mechanical, Inc. Virginia Beach, Virginia Anne B.Shumadine, Treasurer Chairman Signature Financial Management Norfolk, Virginia D.Henry Watts H'07 Parliamentarian Former Chair, VWU Board of""trustees Retired, Vice Chairman Norfolk Southern Corporation Virginia Beach, Virginia Gary D.Bonnewell '79,Immediate Past Chair Certified Financial Planner Norfolk, Virginia J. Tim Bailey '83 Howard P. Kern Division President President& CEO Compass Group/Canteen Sentara Healthcare Charlotte, North Carolina Norfolk, Virginia Susan Torma Beverly '72 Sharma D. Lewis(Ex officio) Retired Principal Presiding Bishop, Richmond Area Virginia Beach, Virginia United Methodist Church Glen Allen, Virginia Nancy T. DeFord, Ph.D. Vice President, DeFord, Ltd. John F. Malbon Retired, Superintendent, Park City(Utah) Chairman and CEO School District PAPCO, Inc. Virginia Beach, Virginia Virginia Beach, Virginia O.L.(Butch)Everett Vincent J. Mastracco, Jr. Director Partner Jones&Frank Corporation Kaufman and Canoles, P. C. Norfolk, Virginia Norfolk, Virginia William H. George Mavis N. McKenley '11 (Ex officio) President/CEO Vice President and Trust Officer YMCA of South Hampton Roads AMG National Trust Bank Chesapeake, Virginia Virginia Beach, Virginia Susan S. Goode Scott D.Miller, Ph.D. (Ex officio) Community Leader and Volunteer President Norfolk, Virginia Virginia Wesleyan University Virginia Beach, Virginia William W.Granger III Managing Partner Tassos J. Paphites '79 Granger Investment Properties, LLC Chairman & CEO Norfolk, Virginia BurgerBusters Inc. Virginia Beach, Virginia Mary C.Haddad President Deborah M. Paxson '75 Louis&Mary Haddad Foundation Judge, Juvenile and Domestic Suffolk, Virginia Relations Court City of Virginia Beach Alexander B. Joyner(Ex officio) Virginia Beach, Virginia Superintendent, Eastern Shore District United Methodist Church Robin D. Ray Parksley, Virginia President Atlantic Dominion Distributors Ronald M. Kramer Virginia Beach, Virginia Former Owner/President Kramer Tire Company Norfolk, Virginia Louis F. Ryan George Y. Birdsong H'16 Retired, Executive Vice President Former Chairman, VWU Board of Trustees and General Counsel CEO, Birdsong Corporation Landmark Communications Suffolk, Virginia Norfolk, Virginia S. Frank Blocker,Jr. Alan H. Shaw President, EAD Executive Vice President Norfolk, Virginia and Chief Marketing Officer Norfolk Southern Corporation Joan P. Brock H'10 Norfolk, Virginia Former Chair, VWU Board of Trustees Former Secretary-Treasurer, Dollar Tree William S. Shelhorse'70 Stores, Inc. President Virginia Beach, Virginia Chesapeake Bay Contractors, Inc. Virginia Beach, Virginia Thomas C. Broyles Partner M. Wayne Snead (Ex officio) Kaufman & Canoles, P.C. Superintendent, Elizabeth River District Virginia Beach, Virginia United Methodist Church Norfolk, Virginia Robert W. Collenberg II '90 President Lee T. Stevenson '85 The Shutter Door Design&Build, LLC Chief Operating Officer—North America Virginia Beach, Virginia Marsh LLC New York, New York Robert H. DeFord,Jr. President Kenneth G. Trinder II DeFord, Ltd. CEO& President Virginia Beach, Virginia EOS Systems Norfolk, Virginia William J. Fanney Retired Director and Chairman Emeritus George K.(Chip)Tsantes III '83 Life Savings Bank McLean, Virginia Virginia Beach, Virginia Michael J. White '81 Lemuel E. Lewis President Retired, Executive Vice President Maersk Line North America and CFO Florham Park, NJ Landmark Communications Suffolk, Virginia As of February 28, 2018 John E. Lingo,Jr. Vice President Jack Lingo Realty Trustees Emeriti Lewes, Delaware Jane P. Batten H'06 Former Chairman, VWU Board of Trustees Community Leader and Volunteer Virginia Beach, Virginia 3 Elizabeth F. Middleton '91 Corporate Secretary, E. G. Middleton, Inc. Community Leader and Volunteer Virginia Beach, Virginia Emily S. Miles Community Leader and Volunteer Norfolk, Virginia William H.Thumel,Jr. President Abacus of Hampton Roads Virginia Beach, Virginia John A. Trinder President and COO MaxMedia, Inc. Virginia Beach, Virginia 4 EXHIBIT E CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $36,000,000 REVENUE AND REFUNDING BOND FOR VIRGINIA WESLEYAN UNIVERSITY The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above-captioned financing. Virginia Wesleyan University continues to promote education, industry, commerce and trade within the City of Virginia Beach. Financing provided by the Authority will assist the existing educational facility to remain current in meeting new market demands for its services,maintain its substantial employment census, increase its revenues and add to the City's economic tax base. EXHIBIT F FISCAL IMPACT STATEMENT SUBMITTED TO THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA The undersigned submits the following information in compliance with Section 15.2-4907 of the Code of Virginia of 1950,as amended,in reliance entirely On information provided by the Applicant: Name of Applicant: Virginia Wesleyan University Campus: 4525 Main Street,Suite 700,Virginia Beach,Virginia 23462 1. Maximum amount of financing sought $36,000,000 2. Estimated taxable value of the facility's real property to be constructed in the locality $N/A 3. Estimated real property tax per year using present tax rates $N/A 4. Estimated personal property tax per year using present tax rates $N/A 5. Estimated merchants capital tax per year using present tax rates $N/A 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $ 8,474,000 (b) Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $ 5,061,000 (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $ 5,483,000 (d) Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $4,062,000 7. Estimated number of regular employees on year round basis 247 8. Average annual salary per employee $70,064 Dated: May 15,2018 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORI I Y By. Chairs h 16463534v1 EXHIBIT G SUMMARY SHEET CITY OF VIRGIINA BEACH DEVELOPMENT AUTHORITY REVENUE AND REFUNDING BOND 1. PROJECT NAME: Virginia Wesleyan University. 2. LOCATION: 1584 Wesleyan Drive, Virginia Beach and Norfolk, Virginia. 3. DESCRIPTION OF PROJECT (a) refunding the Authority's Revenue and Refunding Bond (Virginia Wesleyan College Project), Series 2012 (the "Series 2012 Bond"), which refinanced certain university facilities owned by the Borrower and located at its campus, (b) financing all or a portion of the costs of acquiring, planning, designing, constructing and equipping the refurbishment of certain existing university buildings owned by the Borrower and located at its campus, (c) financing all or a portion of the costs of issuance of the Bond, and (d) financing all or a portion of the costs associated with refunding the Series 2012 Bond, including the funding of any payment required to terminate the interest rate swap that was identified as a qualified hedge for the Series 2012 Bond. 4. AMOUNT OF BONDS TO BE ISSUED: $36,000,000. 5. PRINCIPALS: Board of Trustees, Virginia Wesleyan University, attached. 6. ZONING CLASSIFICATION: a. Present zoning of property: R15 b. Is rezoning proposed: No. EXHIBIT H VIRGINIA BEACH ECONOMIC DEVELOPMENT May 22,2018 Mrs. Dorothy L. Wood Chair City of Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach,VA 23462 Re: Virginia Wesleyan University Revenue and Refunding Bonds Dear Dot: The Department of Economic Development concurs with the issuance of revenue and refunding bonds in an amount not to exceed$36,000,000 for Virginia Wesleyan University. The issuance of these bonds by the Authority will be in the public interest,will benefit the inhabitants of the City of Virginia Beach through the promotion of education, safety,health,welfare, convenience of prosperity and will provide a public benefit to the City by, among other things, promoting more advanced higher education opportunities in the City of Virginia Beach. These funds are to be utilized primarily to finance the cost of refunding the Authority's 2012 Bonds and for funding the acquisition,planning,designing,construction and equipping of certain existing university buildings located on Virginia Wesleyan's campus. I will be happy to answer any questions you may have at our next meeting. Sincerely, 71ge Mark R. Wawner Project Development Coordinator MRW/AWS 4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894 •• '.,-: U0.--' ii i 1,- i . .1.....,. V79.-• - v•-. t--<-&.:"1-. 4i.n 101•11 Ot'ke'e "°" \ .....- , z ..,\ IP- ' „-,,--- ,-- • * ---,'. -- \ •'" 0 . \ \ %,_ - .% C. 4(.41- . . . - _I - \2-. , .. , , , . .... , •.:._ \ . ,_. , ..,- , ,,,...„ . ',-,- , I —I ** . '; AtS\\---4.,,.sL----2,' , .,1 __ : c; D lik ‘ – --1--- , -- .....--- / if :,:x,11%,\W" ..: ;ff..' t-.. 3,-,----:•,' .. ,,,--" \ - 2 V ' - \ S L t,•‘' — ,— — 7 ---' .1----,• Orrl_.... 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I1.,,,,i1 , ,i d tiogri4 ..t.14 [VD of Virginia Beach APPLICANT'S NAME Virginia Wesleyan University 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 f - 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). Li APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: 0 REVISIONS SUBMITTED DATE: ue — Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Inl Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Virginia Wesleyan University 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 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes and 2 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. 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 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 entityrelationship 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) X ❑ Accounting and/or preparer of Brown, Edwards, Certified Public your tax return Accountants I I I I Architect / Landscape Architect / TBD Land Planner Contract Purchaser (if other than N/A rithe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed N/A Xpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) IBJ Construction Contractors Hourigan Construction and Aramark IJ Engineers / Surveyors/ Agents TBD Financing (include current TowneBank (^I u mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) IBJ Legal Services Kaufman & Canoles, P.C. Real Estate Brokers / N/A El Agents/Realtors for current and anticipated future sales of the subject property f SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have I\/I an interest in the subject land or any proposed development u 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 V3c,tpof 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. Q/ � PiJames E. Cooper 5/15/18 eleAP,NT'S SIGNATURE 694.— PRINT NAME DATE V%cF PRFS/06^'rRn?RM.Ncr Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) l i I I Accounting and/or preparer of l I I 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) Construction Contractors l 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) Legal Services Real Estate Brokers / (� Agents/Realtors for current and anticipated future sales of the subject property f SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ri 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 ugitna''•eac 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 7,5u ems; (`t ''-i.' i ' i .fa+ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Direct the City Attorney to File a Petition for a Writ of Special Election MEETING DATE: June 5, 2018 • Background: Councilmember Robert Dyer was elected from the Centerville District in November 2016 to serve for a term that ends on December 31, 2020. Councilmember Dyer, pursuant to City Charter § 3.02:2, has tendered his resignation as councilmember effective December 31, 2018 in order to run for the Office of Mayor, which will be filled by special election on November 6, 2018. When a councilmember resigns to run for the Office of Mayor, the City Charter directs the unexpired portion of the councilmember's term is to be filled at the same election as the election to fill a mayoral vacancy. Accordingly, the attached resolution requests the special election be held on the date of the general election, November 6, 2018. • Considerations: Upon adoption of the resolution requesting a court to order the special election, the City Attorney's Office will file the petition in compliance with the statutory requirements. If the special election is held at the same time as the November general election, the petitions for candidates would be due 81 days before the election, which is August 17, 2018. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution; Resignation Letter Recommended Action: Approval Submitting Department/Agency: City Attorney r.' City Manager: '7 1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO 2 FILE A PETITION FOR A WRIT OF SPECIAL ELECTION 3 4 WHEREAS, Councilmember Robert Dyer, Centerville District, was elected for a 5 term that ends December 31, 2020; 6 7 WHEREAS, Councilmember Dyer, pursuant to City Charter § 3.02:2, has 8 tendered his resignation as councilmember effective December 31, 2018 in order to run 9 for the Office of Mayor, which will be filled by special election on November 6, 2018; 10 11 WHEREAS, Code of Virginia § 24.2-226 requires the governing body to petition 12 its circuit court for a Writ of Special Election to fill the remaining portion of the term of 13 office for a member of the City Council when that member's term of office ends in a year 14 other than the year for which a general election to fill the vacancy occurs; and 15 16 WHEREAS, the next general election available to fill the Office of 17 Councilmember for the Centerville District is November 6, 2018. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That the City Council directs the City Attorney to file a Petition for a Writ of 23 Special Election in the Circuit Court for the purpose of filling the vacancy in the Office of 24 Councilmember, Centerville District for a term ending December 31, 2020, and requests 25 such special election to be held November 6, 2018. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14438 R-3 May 29, 2018 GlN1A Bio A > City of Vir iriia Beach , rz OF 00R NAT1r'N BOB DYER PHONE: (757)467-3130 COUNCILMAN-DISTRICT 1-CENTERVILLE CELL: (757)749-4659 BDYER @ VBGOV.COM May 18, 2018 TO: Honorable Mayor Louis Jones and city council members FROM: Bobby Dyer, Councilman, District 1—Centerville RE: Resignation pending outcome of November 2018 elections Distinguished colleagues: Please be advised that I am officially declaring my candidacy for the upcoming November election for mayor. Given the requirements of such I tender my resignation effective December 31, 2018 if the event f do not succeed to be elected mayor. I realize that the action is irrevocable. Thank you l 'a2)...."6".t'/ Bobby Dyer X05-18- 18 PO4 : 20 IN 1668 LAKE CHRISTOPHER DRIVE,VIRGIMA BEACH,VA 23464 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Execution of a Memorandum of Agreement for the Contribution of Funds to the Department of the Army for Sandbridge Beach Nourishment MEETING DATE: June 5, 2018 Background: The City has funded, through its Capital Improvement Program, a share of the costs associated with periodic replenishment of Sandbridge Beach. In 2002, the City and the Army entered into a 50-year agreement for project coordination to provide for a split (65% Federal, 35% City) of the costs associated with beach restoration and maintenance projects at Sandbridge Beach. However, the Sandbridge Beach agreement was subject to federal appropriations, which were delayed in the past and are doubtful in the near future. In December 2011, the United States Congress amended the U. S. Code to allow a political subdivision to contribute all of the funds to the Army for a project such as the sand replenishment of Sandbridge Beach. Having the Army as the contract lead is important for purposes of permitting and project coordination. Through the Sandbridge Special Service District and Tax Increment Financing District, the City has programmed funding to pay for the entire cost of this beach nourishment project. The current estimated cost is $21 ,500,000, and this amount of funding is available in CIP # 8-010, "Sandbridge Beach Restoration II." If the contribution from the City exceeds the actual cost of the work contemplated and properly chargeable for this project, federal law provides that the funds may be returned to the City at the conclusion of the project. • Considerations: The attached "Summary of Material Terms" sets forth the key components of the agreement the City would enter into with the Department of the Army. This agreement provides that the City will contribute a specified amount of funds for this project. The agreement also requires that the City hold the Army harmless from all damages arising out of the project except for damages that are the fault of the Army or the Army's contractors. • Public Information: Normal Council agenda process. • Recommendations: Approval of the attached ordinance. • Attachments: Ordinance, Summary of Material Terms Recommended Action: Approval Submitting Department/Agency: Public Works ,-- City Manager: -RAI__ 1 AN ORDINANCE AUTHORIZING THE EXECUTION 2 OF A MEMORANDUM OF AGREEMENT FOR THE 3 CONTRIBUTION OF FUNDS TO THE DEPARTMENT 4 OF THE ARMY FOR SANDBRIDGE BEACH 5 NOURISHMENT 6 7 WHEREAS, by adoption of the Sandbridge Beach Restoration project in its FY 8 95-96 Capital Improvement Program, and each year subsequent, the City Council has 9 endorsed the concept of long-term planning for beach nourishment at Sandbridge 10 Beach (the "Project"); and 11 12 WHEREAS, City funds for construction of the Project are to be derived from the 13 Sandbridge Special Service District and the Sandbridge Tax Increment Financing 14 District established in FY 94-95 and FY 98-99, respectively; and 15 16 WHEREAS, the United States Congress amended the U.S. Code to allow a 17 political subdivision to contribute all of the funds to the Department of the Army for a 18 project such as the Project; and 19 20 WHEREAS, the current estimated City contribution for the Project is 21 $21 ,500,000; and 22 23 WHEREAS, the periodic replenishment of Sandbridge Beach serves many public 24 interests including the protection of property, the enhancement of the City's natural 25 resources, and the encouragement of commerce and tourism. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA, THAT: 29 30 The City Manager is hereby authorized and directed to execute a Memorandum 31 of Agreement for the Contribution of Funds in the amount of $21 ,500,000 with the 32 Department of the Army for the construction of beach nourishment at Sandbridge 33 Beach, a copy of the material terms of this agreement is attached hereto and 34 incorporated. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPRO AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 'Public Works Ci y Attorney CA14441 R-1 May 23, 2018 Summary of Material Terms Memorandum of Agreement for the Contribution of Funds Sandbridge Beach Renourishment Parties: Department of the Army(the "Government") City of Virginia Beach (the "City") Purpose: Contribution of funds for Sandbridge Beach Renourishment(the"Project") City's Obligation: 1. To provide $21,500,000 to pay costs associated with the Project. 2. Within thirty(30) calendar days of execution of the MOA, the City shall provide the funds to the Government by delivering a check payable to "FAO, USAED Norfolk District" to the District Engineer or providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. Government's Obligation: 1. To provide the City with quarterly reports of obligations for the Project. The first such report shall be provided within thirty(30) calendar days after the final day of the first full quarter of the Government fiscal year following receipt of funds pursuant to this MOA. Subsequent reports shall be provided within thirty (30) calendar days after the final day of each succeeding quarter until the Government concludes the Project. 2. Upon conclusion of the Project and resolution of all relevant claims and appeals, the Government shall conduct a final accounting of the costs of such work and furnish the City with written notice of the results of such final accounting. If the costs of the Project are less than the sum of the amount of funds provided by the City, the Government shall refund the excess to the City within thirty(30) calendar days of such written notice. Project Coordination: Representatives of the Army's District Engineer and the City will coordinate to oversee the Project. Indemnification: As required in previous coordination agreements,the City will agree to hold the Government harmless from all damages arising from the Project except for damages due to the fault or negligence of the Government or its contractors. [ .„. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing and Directing the City Manager to Execute a Deed of Release and Exchange Pertaining to an Agricultural Lands Preservation Easement Located on Lands of Kellye Suzanne Vaughan, Rebekah V. and James T. Albert, and Mark E. Vaughan MEETING DATE: June 5, 2018 • Background: On August 28, 2002, Edward L. Vaughan ("Vaughan"), the owner of two parcels of land located on Vaughan Road (the "Property"), placed both parcels in the City's Agricultural Reserve Program ("ARP"). The ARP encumbers property with an easement restricting development of property (the "Preservation Easement"). As part of the transaction, Vaughan reserved two 3-acre building sites for future development (each an "Easement Exception Site"). Vaughan died on November 7, 2009 and devised the Property to his heirs, including Kellye V. Gentry, now known as Kellye Suzanne Vaughan ("Kellye Vaughan"). In 2012, the Property was subdivided into Lots A, B, and C. Lots A and B are the Easement Exception Sites, and Lot C is subject to the Preservation Easement. Lot A is currently owned by Rebekah V. Albert and James T. Albert (collectively, "Albert"). In 2013, Lot C was further subdivided into Lots C-1, C-2, C-3, and C-4, with the owner of each lot being noted on the plat in accordance with the terms of Vaughan's will. Lots C-1, C-2, C-3, and C-4 are all subject to the Preservation Easement. This item was requested by the property owners to relocate one of the building sites within the Preservation Easement. Kellye Vaughan, the owner of Lot C-2, now desires that the City release a portion of Lot C-2 from the Preservation Easement, which is shown on Exhibit A attached to the Ordinance as "Proposed Relocated Easement Exception Site C-2-A1 Easement Area = 105,330 Sq. Ft. 2.418 Ac." (hereafter, "New Development Site"). In addition, Mark E. Vaughan, the owner of Lot C-1, and Kellye Vaughan desire that the City release a portion of Lot C-1 and a portion of Lot C-2 from the Preservation Easement, shown on Exhibit A as "20' Private Ingress/Egress Easement 10,262 Sq. Ft. 0.235 Ac." and "20' Private Ingress/Egress Easement 15,101 Sq. Ft. 0.347 Ac.", to be used for ingress and egress to and from the New Development Site. In exchange for releasing portions of Lot C-1 and Lot C-2 from the Preservation Easement, Albert desires to encumber Lot A with the Preservation Easement, which is shown on Exhibit B attached to the Ordinance as "Easement Exception Area 'Lot A' Hereby Vacated" (hereafter "Existing Development Site"). • Considerations: The appraiser who appraised the property for the original ARP purchase has stated by letter dated January 12, 2018 that there is no difference in the market value of the building sites proposed to be exchanged. Kellye Vaughan has been advised that she will need to comply with all requirements of the City's zoning and subdivision ordinances prior to beginning construction on the relocated easement exception site. Section 11 of the Agricultural Lands Preservation Ordinance (ORD-95-2319) expressly allows exchanges of the type sought by Kellye Vaughan, Albert and Mark E. Vaughan, and states that the City Council shall allow such exchanges under certain conditions. Those conditions are as follows: (1) the acquisition of the proposed Preservation Easement in lieu of the existing Preservation Easement does not adversely affect the City's interests in accomplishing the purposes of the Ordinance; (2) the proposed Preservation Easement area meets all of the eligibility requirements set forth in Section 7 of the Ordinance; (3) the land to be encumbered by the proposed Preservation Easement is of at least equal fair market value, is of greater value as permanent open space, and of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property on which the existing Preservation Easement is located; and (4) the consideration for the acquisition of the new Preservation Easement consists solely of the extinguishment of the existing Preservation Easement. The proposed ordinance authorizes and directs the City Manager to execute a Deed of Release and Exchange pursuant to which the Existing Development Site is exchanged for the New Development Site. Such direction is subject to the City Attorney's determination that there are no defects in title to the property to be restricted by the ARP easement or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests. • Public Information: No advertising is required. • Alternatives: The City Council may deny the proposed exchange if it finds that the requirements specified above have not been met. • Recommendations: Adoption of the ordinance allowing the exchange of reserved site. • Attachments: Ordinance, Exhibits, Location Map, Disclosure Statement Forms Recommended Action: Approval Submitting Department/Agency: Agriculture Department 1'�,r-- City Manager: 'Thit 1 AN ORDINANCE AUTHORIZING AND 2 DIRECTING THE CITY MANAGER TO 3 EXECUTE A DEED OF RELEASE AND 4 EXCHANGE PERTAINING TO AN 5 AGRICULTURAL LANDS PRESERVATION 6 EASEMENT LOCATED ON LANDS OF KELLYE 7 SUZANNE VAUGHAN, REBEKAH V. AND 8 JAMES T. ALBERT, AND MARK E. VAUGHAN 9 10 WHEREAS, on August 28, 2002, the City of Virginia Beach (the"City")and Edward 11 L. Vaughan ("Vaughan")entered into Installment Purchase Agreement Number 2002-48, 12 whereby the City acquired an Agricultural Lands Preservation Easement (the 13 "Preservation Easement") on property owned by Vaughan (the "Property"); 14 15 WHEREAS, as part of the aforesaid transaction, Vaughan reserved two portions of 16 the Property, each consisting of 3.0 acres, more or less, for future development sites(the 17 "Easement Exceptions"), which are not encumbered by the Preservation Easement; 18 19 WHEREAS, Vaughan died on November 7, 2009 and the Property was devised to 20 his heirs, including Kellye V. Gentry, now known as Kellye Suzanne Vaughan ("Kellye 21 Vaughan"); 22 23 WHEREAS, in 2012, the Property was subdivided to create Lots A, B, and C; 24 25 WHEREAS, Lots A & B were the Easement Exceptions, and Lot C was 26 encumbered by the Preservation Easement; 27 28 WHEREAS, in 2013, Lot C was further subdivided into Lots C-1, C-2, C-3 and C-4, 29 all of which remain encumbered by the Preservation Easement; 30 31 WHEREAS, Kellye Vaughan, the current owner of Lot C-2, and Mark E. Vaughan, 32 the current owner of Lot C-1, desire that the City release a portion of their Lots, consisting 33 of a total of three (3) acres, from the Preservation Easement(collectively, the "Relocated 34 Easement Exception Site"); 35 36 WHEREAS, in exchange for releasing the Relocated Easement Exception Site from 37 the Preservation Easement, Rebekah V.Albert and James T.Albert, the current owners of 38 Lot A, desire to encumber Lot A with the Preservation Easement; 39 40 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation 41 Ordinance (hereinafter "Ordinance"), a landowner may petition the City Council for the 42 extinguishment of a Preservation Easement in exchange for the conveyance to the City of 43 a Preservation Easement on a different portion of the landowner's property, under certain 44 conditions set forth in the Ordinance; 45 46 WHEREAS, the Ordinance provides that the City Council shall approve such an 47 exchange if it makes certain findings enumerated in the Ordinance; and 48 WHEREAS, the City Council does hereby make such findings, to-wit: 49 50 (1) the acquisition of the proposed Preservation Easement in lieu of the existing 51 Preservation Easement does not adversely affect the City's interests in accomplishing the 52 purposes of the Ordinance; 53 54 (2) the proposed Preservation Easement areas meet all of the eligibility 55 requirements set forth in Section 7 of the Ordinance; 56 57 (3) the land to be encumbered by the proposed Preservation Easement is of at 58 least equal fair market value, is of greater value as permanent open space, and of as 59 nearly as feasible equivalent usefulness and location for use as permanent open-space 60 land as the property on which the existing Preservation Easement is located; and 61 62 (4) the consideration for the acquisition of the new Preservation Easement 63 consists solely of the extinguishment of the existing Preservation Easement. 64 65 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 66 OF VIRGINIA BEACH: 67 68 That subject to the determination of the City Attorney that there are no defects in 69 title to the property to be restricted by the Preservation Easement or other restrictions or 70 encumbrances thereon which may, in the opinion of the City Attorney,adversely affect the 71 City's interests, the City Manager is hereby authorized and directed to execute a Deed of 72 Release and Exchange pursuant to which the City releases the existing Preservation 73 Easement on portions of Lots C-1 and C-2, as shown on Exhibit A attached hereto, and 74 incorporated herein, and acquires, in exchange therefore, land equal in area to be 75 restricted by the Preservation Easement, as shown on Exhibit B attached hereto, and 76 incorporated herein. 77 78 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day 79 of , 2018. 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I I n).g xm 5 K = D;m • 0 NI I �O <A Rl m m"a r 0--A I V 0-a -I 3• me -o-o m �V N T COON y0 = Dm m zZo wN w� LI cc. i m X z C 4 S 04°02'43"W S 04°02 13_W 129.60' 187.76' m m a m c--♦ m /2C-C7(4 07 VAUGHN ROAD o0 Z 0 Fs (VARIABLE WIDTH R/W) o" 71 k p I.N. 20120907001028990 - -' V 0D f) of Q 0 V -. < CO Q N DN c o -0 a n A 3 cr N N D II a z. n CQ 0 / * a ri a CT ---'-- -__,, ..„,,,4 -a r- 3 O co U.a) o r -- 0 n r / .9- C.)n N °,-a O N"0 r) � 1 0 III- m � o D i . . -- .- ,---,-..__ m X N• cc I- 0 v o CD�`` < o co - o > � ---..1 C m V '� ow C - 04,4 Virginia Beach APPLICANT'S NAME Mark E Vaughan 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). o APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE: O REVISIONS SUBMITTED DATE: Virginia 13e.acil 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:Mark E Vaughan If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes.' and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant, Z 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:Mark E Vaughan 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) "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 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 / f ' V Land Planner ❑ 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) I I Construction Contractors I ' Engineers / Surveyors/ Agents Financing (include current ❑ z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property 4 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 Virginia B { 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. /-04// /'diplitevt Mark E Vaughan D5/021201 E APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n Accounting and/or preparer of f ' your tax return n L< Architect / Landscape Architect / Land Planner ❑ Contract Purchaser (if other than '✓�(` the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed H E purchaser of the subject property (identify purchaser(s) and purchaser's service providers) LIZ 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) IZ Legal Services Real Estate Brokers / I I Agents/Realtors for current and I ' anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 IV OW cf `sem .,N k'" 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, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. /� Mark E Vaughan 05/02/2018 PRO ERTY OWNER'S SIGN PRINT NAME DATE 05 Page 7 of 7 _ .�',-"ry.z - �`' S "er • Virginia Beach APPLICANT'S NAME 634Y11-5 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 (EDLP) 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/ disclosures must be updated r..o (2,v e ks ono, oErn,: — Page 1 of 7 Planning Commission and City Council meeting that pertavns to the anplicafiD iSL. 0 APPLICANT NOTIFIED OF HEARING DATE. { ❑ NO CHANCES AS OF DATE: ❑ REVISIONS SUBMITTED DATE Virginia Beach N. Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's nameOWAIS 4E44 4 'Q'�' If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ° or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. MCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm. business, or other unincorporated organization. 1 Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. yy��,,��,,, �,�{ (A) List the Property Owner's name'Ja s t`-r'i ',k r „toto- If an LLC, list the member's names: Page 2 of 7 ' 17f--�, 1 Virginia each 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) I "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when 0) 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 1 (l Architect/ Landscape Architect/ 1L� 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) RI. 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) K1Legal Services Real Estate Brokers / 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 L f 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 -sc sr ^w aGy, ,%, ,?ac F•X' ,y.3ze. 7•7. Virgihi U ach 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. / 6510211D A PLIC• -4709- I~'TURF I PRINT NAME DATE 1 Page 5 of 7 Lu OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of — your tax return pci 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 K (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers /Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services I 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 6 of 7 .,.: 3rd 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. bs1o3ii9 PROPE: ' •WN ''S SIGNATURE (PRINT NAME DATE - ie: A t5Q f X19-49e&t- (7 tvebekodi A Page 7 of 7 Virginia .each ' APPLICANT'S NAMEKellye V Gentry 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. t SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/Ali 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. ▪ REVISIONS SUBMITTED DATE CIOof A 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:Kellye V Gentry If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. X 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:Kellye V Gentry If an LLC, list the member's names: Page 2 of 7 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. 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 1113 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n j< Accounting and/or preparer of I I your tax return n Architect / Landscape Architect / I ' 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) ElIXConstruction Contractors 121 n Engineers / Surveyors/ Agents Pennoni &Associates (helping w/appl) Financing (include current ❑ IZ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers / n z Agents/Realtors for current and f I 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 thy Pi 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 Kellye V Gentry D5/02/201 E APPLICANT'S PRINT NAME DATE Page 5 of 7 c,rt;w OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I I IZ Accounting and/or preparer of I I your tax return (� IZ 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 El ❑ Engineers / Surveyors/ Agents Pennoni &Assoc(helping w/applicatn.) Financing (include current ❑ z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / i' Agents/Realtors for current and anticipated future sales of the subject property • t SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ iz 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 Cm,of I 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. Kellye V Gentry 05/02/2018 PROPERTY WNER'S SIGNATURE PRINT NAME DATE 05 Page 7 of 7 c -ee�4y- 1 t',p�Nu � I4 � T CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Appropriate $279,000 in Local Revenue to the FY 2017-18 Operating Budget of the Department of Finance for the Stop Program MEETING DATE: June 5, 2018 • Background: The City participates in the State's Vehicle Registration Withholding Program, whereby the Department of Motor Vehicles (DMV) assists the City in collecting delinquent personal property taxes by withholding renewal of the annual State and City vehicle registration of any applicant who is delinquent in paying local personal property taxes. This program is referred to as the "Stop Program," and it has proven to be a powerful tax collection tool for the City. DMV imposes an administrative fee to administer this program, which was increased from $20 to $25. The City Treasurer's Office collects the fee from the delinquent taxpayer upon payment of the delinquent taxes, and then remits the fees to the State. This agreement with the State is anticipated to be budget neutral from the City's perspective, since the actual revenues collected by the City should be equal to the City's expenditures/remittances to the State. • Considerations: For FY 2017-18, $50,000 was appropriated for the Stop Program based on usage in prior years, with costs offset by a corresponding revenue from DMV Reimbursement. However, during FY 2017-18 the City Treasurer has increased its usage of the Stop Program. Based on this increased usage, the Department of Finance anticipates a net of 13,399 taxpayers to be charged the Stop program fee totaling $329,000. As a result of this increase, it is projected that additional funds totaling $279,000 need to be appropriated, with estimated revenue from DMV Reimbursement increased accordingly for this program. Although the City Treasurer's Office administers the contract and is responsible for delinquent collections, the expenditures, in the form of remittance of fees collected, are reflected within the Finance Department's operating budget, which does not have sufficient funds to absorb this unplanned increase. Over the last year, the Stop Program has resulted in the collection of $4.5 million in delinquent personal property taxes and penalties. • Public Information: Normal Council agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Finance City Manager:-�A' k, 1 AN ORDINANCE TO APPROPRIATE $279,000 IN 2 LOCAL REVENUE TO THE FY 2017-18 OPERATING 3 BUDGET OF THE DEPARTMENT OF FINANCE FOR 4 THE STOP PROGRAM 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 That $279,000 is hereby appropriated to the FY 2017-18 Operating Budget of 10 the Department of Finance, with revenue from DMV Reimbursement increased 11 accordingly, to fund the City's participation cost in the Virginia Department of Motor 12 Vehicle's Registration Withholding (Stop) 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: Budget and anagement Services Mill A1.4-rn: 's Office CA14435 R-1 May 18, 2018 .--..., ,u • � L.........."�`` f!Lsto ✓l'r CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate a Grant from Keep America Beautiful for a Cigarette Litter Prevention Program at Little Island Park MEETING DATE: June 5, 2018 • Background: In a collaborative effort, staff from the Departments of Public Works and Parks and Recreation applied for a grant from Keep America Beautiful for a cigarette litter prevention program under the organization's local affiliate, Keep Virginia Beach Beautiful (KVBB). This effort was rewarded when the City was notified that it was one of 42 Keep America Beautiful affiliates that will receive grant funding. A $2,500 grant was awarded to KVBB. KVBB is supported by the City's Waste Management Division of Public Works. The KVBB mission is to improve the quality of life in our community through litter prevention, recycling, and beautification. KVBB implements programs for improvement and works to encourage behavioral changes that result in a cleaner, greener Virginia Beach. • Considerations: This grant does not require a City match. These funds will be used to purchase cigarette receptacles and marketing materials to help educate beachgoers at Little Island Park about the environmental impact of cigarette litter. In addition portable ashtrays will be purchased for distribution. City workers will perform litter scans and education. Volunteers will also be used. This program will be implemented through the Waste Management Division of Public Works and the Little Island Park unit of Parks and Recreation. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works and Parks and Recreation i-4, City Manager: -FR-L. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 GRANT FROM KEEP AMERICA BEAUTIFUL FOR A 3 CIGARETTE LITTER PREVENTION PROGRAM AT 4 LITTLE ISLAND PARK 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 A $2,500 grant from Keep America Beautiful is hereby accepted and 10 appropriated, with local revenue increased accordingly, in the Parks and Recreation FY 11 2017-18 Operating Budget for a Cigarette Litter Prevention Program at Little Island 12 Park. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. Requires the affirmative vote of a majority of all the members of the City Council. APPROVED AS TO CONTENT APPRIVED AS TO LEGAL SUFFICIENCY Budget and a�ent Services r%'ne 's Office 9 9 Y CA14442 R-1 May 23, 2018 I .�w may. 1 ,,,-- n ----.A\ 1 s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Support Rescue Squad Operations and Training MEETING DATE: June 5, 2018 ■ Background: The Virginia Beach Department of Emergency Medical Services (VBEMS) receives miscellaneous revenue throughout the year from training services and special event standby services. These sources include the Virginia Department of Health, Office of Emergency Medical Services under the Virginia Four-for-Life Training Program and monies generated at the departmental level. State revenues are remitted to local agencies for offering specific advanced life support classes. Departmental training services revenues include, but are not limited to, registration fees and text book purchases. Special event funds are payments made by event organizers to offset the costs of volunteer rescue squad standby services. Estimated revenues are projected in the VBEMS Operating Budget; however surplus revenues have been collected. City Council action is required to accept and appropriate the revenues exceeding budgeted amounts. • For FY 2017-18, VBEMS has received $19,418 in surplus revenue for departmental training fees as well as EMT class reimbursement fees. • During an audit of legacy Four-for-Life grants dating back to FY2013-14, it was discovered that a surplus amount of $484 was collected and heretofore unappropriated. These grants are required to be closed out by the State Office of EMS and the City. • VBEMS received $46,403 from special event organizers for rescue squad standby services. Of the total payments received from special event organizers, $30,000 was originally budgeted in the FY 2017-18 Operating Budget, and has already been disbursed to the rescue squads. The surplus of $16,403 will be distributed directly to the squads from this appropriation process that directly reimburses them for services rendered. ■ Considerations: This action is necessary to align appropriations with the fiscal year. The Four-for-Life Training grant funds program guidelines require the monies be accepted, appropriated, and expended in a timely manner. VBEMS recommends using the additional combined training reimbursements and grant revenues, totaling roughly $19,902 to resupply the training equipment for future classes. Examples of items to be purchased include instructional materials, training equipment, and disposable medical training supplies. The additional $11,655 special event funds will be immediately disbursed to the appropriate rescue squads in recognition of services previously rendered. Failure to appropriate these monies would result in a loss of operating income for those squads. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: f fii((�- 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT RESCUE SQUAD OPERATIONS AND 3 TRAINING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 The following revenues from the following sources are hereby accepted and 9 appropriated to the FY 2017-18 Operating Budget of the Department of Emergency 10 Medical Services, with estimated revenues increased accordingly, to purchase additional 11 instructional materials and training equipment and to remit payments from special event 12 organizers to the respective Volunteer Rescue Squads for provision of standby services at 13 past special events: 14 15 1) $484 received from the Virginia Department of Health, Office of Emergency 16 Medical Services Four-for-Life Return to Localities Grant Program; 17 18 2) $19,418 generated by the Department of Emergency Medical Services' 19 training classes 20 21 3) $16,403 received from special events organizers to remit to various Volunteer 22 Rescue Squads for stand-by duty previously provided at special events. 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: -I/. ' x:\,,..\ r-itLitA--- / „.„4, Budget and Management Services ity A orney's Office CA14383 R-1 May 18, 2018 [ ieera% q............,EF.; 4 ,,,,„„,:.,:..„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Community Impact Grant for Residential Design Professional Services from the Virginia Housing Development Authority MEETING DATE: June 5, 2018 • Background: In 2016, the Virginia Beach housing market study was completed. The study identified several housing-related challenges and vulnerabilities. One challenge that the study identified is the need for Virginia Beach to ensure that its current and future housing stock is attractive to and affordable for new generations of buyers. One way to achieve this is to create and make available new designs that can be used by owners, builders and developers. The City also created the Strategic Goal Team for Revitalizing Neighborhoods (SGT4) in 2017. The team is part of the overall revitalization pilot project that is currently being planned and implemented in Princess Anne Plaza, the Lakes and Windsor Woods, in close coordination with the planned storm water investments. In March of 2018, the Department of Housing and Neighborhood Preservation (DHNP) submitted an application for a Virginia Housing Development Authority (VHDA) Community Impact Grant for Residential Design Professional Services and was awarded $50,000. The grant will be used for the following purposes, with a focus on the pilot project area, but with applicability City-wide: • Develop and make available residential design options that can be used by homeowners, builders and developers for remodeling and new construction. These options should incorporate modern design elements, walkability, accessibility, multi-generational attractiveness and a range of affordability. This should include new site design options. • Design options should address flood protection and mitigation options for both the building and the site. • Create neighborhood plan development, and mixed use development and designs. Design options should be incentivized through zoning, development and related City policies and plans. The department plans to convene a design advisory committee consisting of representation from the Planning Commission, the Housing Advisory Board, the Planning and Public Works departments, and area residents to guide the work performed under the grant. • Considerations: Without the appropriation of these funds, the funds cannot be used for the intended purposes. • Public Information: Normal agenda process. • Recommendations: Approval of the attached ordinance • Attachments: Ordinance Recommended Action: Approval 1 Submitting Department/Agency: a J - o :.: , 0 1• g & Neighborhood Preservation City Manager: --2--- i.-- 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 COMMUNITY IMPACT GRANT FOR RESIDENTIAL DESIGN 3 PROFESSIONAL SERVICES FROM THE VIRGINIA 4 HOUSING DEVELOPMENT AUTHORITY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $50,000 in funds from the Virginia Housing Development Authority are hereby 10 accepted and appropriated, with revenues increased accordingly, to the FY 2017-18 11 Operating Budget of the Department of Housing and Neighborhood Preservation to 12 develop and make available design options that can be used by homeowners, builders 13 and developers for remodeling and new construction within revitalization pilot project 14 neighborhoods. 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: Budget & Management Services City Attorney's Office CA14436 R-1 May 18, 2018 I --,a7141:',,, 7 i7 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer Funds within the FY 2017-18 Operating Budget of the Convention and Visitors Bureau to Purchase Shuttles for the Sports Center MEETING DATE: June 5, 2018 • Background: The concept of shuttling Virginia Beach Convention Center (VBCC) event attendees came about with the arena project. Since the arena would have been sited on VBCC parking lots and additional parking was to be constructed west of the arena, the half mile distance was determined to not be realistic for patrons. VBCC staff would shuttle guests to its front doors from remote lots. The Convention and Visitors Bureau has funding to purchase shuttles (and associated operating expenses) for the arena in the current FY 2017-18 Operating Budget. With the termination of the arena contract, these funds are available to be redirected for the purchase of shuttles for the new Sports Center. The Sports Center Capital project is currently in the design phase and funding for Sports Center shuttles is not included in the FY 2018-19 Operating Budget of the Convention and Visitors Bureau. Like the arena, the new Sports Center will remove nearly 40% of VBCC's current parking, but it will all be replaced with new parking between the Sports Center and Birdneck Road. Shuttles are needed to transport event attendees during construction and after the Sports Center opens. The cost of one vehicle is $76,336. This request is to transfer $152,672 within the Convention and Visitors Bureau's Operating Budget for the purchase of two shuttles. • Considerations: Funding is appropriated in the department's budget but needs to be transferred to a capital account for procurement. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approve the attached Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors =ie. City Manager: 1�,vt(.,, 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN 2 THE FY 2017-18 OPERATING BUDGET OF THE 3 CONVENTION AND VISITORS BUREAU TO 4 PURCHASE SHUTTLES FOR THE SPORTS CENTER 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $152,672 is transferred within the FY 2017-18 Operating Budget of the 10 Convention and Visitors Bureau for the purchase of two shuttles. 11 12 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 member of City Council. Approved as to Content Approved as to Legal Sufficiency tivirup Management Services City Attorney's Office K. PLANNING 1. WILLIS FAMILY PARTNERSHIP for a Change of Nonconformity re reduction of ten (10) legally conforming units at 318 & 320 34th Street(Deferred from May 15, 2018) DISTRICT-BEACH RECOMMENDATION: APPROVAL 2. EVERGREEN VIRGINIA, LLC for Modification of Conditions re motor vehicle sales, rentals, repair and car wash at 296 Kings Grant Road and 2981, 3001, 3025, & 3033 Virginia Beach Boulevard (Approved October 17, 2017) DISTRICT-BEACH RECOMMENDATION: APPROVAL 3. SXCW PROPERTIES II, LLC for a Conditional Use Permit re car wash and automobile service station at 3264 Holland Road (Deferred from November 7, 2017) DISTRICT-ROSE HALL RECOMMENDATION: APPROVAL 4. Ordinances re Short Term Rentals (Deferred from March 20, 2018): 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 City Zoning Ordinance (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 City Zoning Ordinance (CZO) establishing regulations and requirements pertaining to Short Term Rental c. AMEND the Official Zoning Map by the Designation and Incorporation of Property into Short Term Rental Overlay District d. AMEND Sections 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 City Zoning Ordinance (CZO) pertaining to Definition, Requirements 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 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 City Zoning Ordinance (CZO) pertaining to Definition, Requirements and Use of Home Sharing and Short Term Rentals (Alternative 2 - Planning Commission Version) f. AMEND Sections 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 Section 209.6 of the City Zoning Ordinance (CZO) pertaining to Definition, Requirements and Use of Accessory Use -Short Term Rental (Alternative 3) g. AMEND Sections 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 Section 209.6 and 241.2 of the City Zoning Ordinance (CZO) pertaining to Definition, Requirements and Use of Home Sharing and Short Term Rental (Alternative 3 - Planning Commission Version) RECOMMENDATION: STAFF-DEFER TO AUGUST 21, 2018 S N ',''1.p Ii! IYpM't�' 4J 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,June 5, 2018 at 6:00 p.m.,at which time the following applications will be heard: Evergreen Virginia, LLC [Applicant] Evergreen Virginia, LLC & Tidewater Automobile Association of Virginia, Inc. [Owners] Modification of Conditions (Motor Vehicle Sales, Rentals & Repair and Car Wash Facility)296 Kings Grant Road and 2981, 3001, 3025, & 3033 Virginia Beach Boulevard (GPINS • 1497156395, 1497253405, 1497252343. 1497250372, 1497158417)COUNCIL DISTRICT-BEACH SXCW Properties II, LLC [Applicant& Owner] Conditional Use Permit(Car Wash&Automobile Service Station)3264 Holland Road(GPIN 1495093490)COUNCIL DISTRICT-ROSE HALL Willis Family Partnership [Applicant & Owner] Change of Nonconformity 318 & 320 344^ Street (GPINS 2418926937, 2418925993)COUNCIL DISTRICT-BEACH 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.;Iy:.,vav,,,,_vpgq: . 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: MAY 20& 27,2018-1 TIME EACH _ -_ _ - , . 1 -------- — _\ -� I I____\ : ;i' �� = 1 4 IC0e i II �1 I , 1 i 1 I - +, !,' _- ter' - _ Ii I Y. L� I :moi _ 'II ' It 5 ; _ ,1 Ili II,1 --,---- ,..fi,......_5 i \ \N __--- , .• -----\ \ i �1 t ,----- 1. \\ 1 jiLff 11‹ . 1, 1. - ,, I , te= ,, ', , __) .+- • 15 , 1111 __ 45 1 i i y � !I 'I t 'I 'II, I � . " ill �' s r' I ti r , , , I t , - --n.-- ,,, \-- \ V '' �, - N N. Al ws ii N • I _ihioll \id\ S \ 1 1 5 . ••--re\--a- 4.4. .4,4 4 .11011, %N. \dx,:ii, --------( 1 \ "A\-- G? .bi INN.-CNI„..V Ill.\ \._ .,_„... ..•.. 171 ° 116 .01111 I +, lk , , I„� - ..___ - ) It } \„, _______ ...„-- i, , %i '''Nibh ____ y 4_- T ------) Cr----r-- I_ ,, wow __-- amik ------- ---, V \ Ce? \C , \ ,...„--c\------ ,, . , , r- ....\ , _.,____- 1 \ \ „ , . . , , \ ,. . ., , _.__........, i , ., , , ,________- ,..._-- i , 'I N _ \- rte ” \-,--L-------1---\\ . 4 ' 1 1 i , T , i I k_-- 1, _ _ �1,, ii , „,..._i,t i ', I SVt'- "t. f'! 1 yh' CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: WILLIS FAMILY PARTNERSHIP [Applicant & Property Owner] Change in Nonconformity for the property located at 318 & 320 34th Street (GPINs 2418926937, 2418925993), COUNCIL DISTRICT — BEACH. MEETING DATE: June 5, 2018 • Background: The site consists of two A-24 Apartment District zoned lots, with 10 legally nonconforming units. The applicant proposed to combine these parcels and create one 100-foot wide by 140-foot deep corner lot that fronts both 34th Street and Arctic Avenue. Based on the existing A-24 zoning, as a matter of right, the applicant could redevelop the property with up to seven units. As the request remains above what can be constructed as a matter of right, a Change in Nonconformity is required. The submitted concept plan depicts the redevelopment of the site with two, three- story buildings that will be connected by an open-air stairwell. A total of nine dwelling units are proposed within these two buildings, with a mix of one and two- bedroom apartment units. Also proposed is a one-story storage/carport structure for up to four automobiles. The buildings proposed along 34th Street will encroach into the 30-foot front yard setback with the porches/balconies of the corner building projecting even closer to the road. One of the existing structures on the site is located as close as 11 feet from the 34th Street right-of-way. Proposed streetscape improvements consist of a widening of the pavement, the installation of curb and gutter and new sidewalks within 34th Street and Arctic Avenue. A total of 17 parking spaces are proposed, all of which will be accessed off of the alley. A parking lot with nine spaces is depicted on the concept plan along with an area with eight stacked spaces. Based on the standards set forth in the Zoning Ordinance, a minimum of 18 on-site parking spaces are required. As a result of this project, five on-street parking spaces will be created along Arctic Avenue. The submitted architectural elevations depict a red brick skirt, upgraded vinyl horizontal siding, upgraded vinyl board and batten, cementitious smooth paneling and trim, vinyl windows, Bahama shutters on the 3rd level and architectural asphalt shingles. Willis Family Partnership Page 2 of 3 • Considerations: There are 10 legally nonconforming units on the site, and the applicant's request is to decrease the number of dwelling units to nine. The proposed redevelopment is in alignment with the Seapines Station Voluntary Design Guidelines. The Guidelines, which are adopted as part of the Comprehensive Plan's Reference Handbook, include design recommendations for setbacks, massing, materials, parking, and landscaping. The property owners of the three-unit condominium to the east spoke in opposition to the request at the Planning Commission's public hearing. Concerns were noted related to the lack of parking in the vicinity, and the potential for increased light pollution and stormwater runoff onto their property. Following the Planning Commission's discussion of the application, the motion to approve included an additional condition, underlined below, to require the use of a cement fiberboard siding, rather than the vinyl siding proposed (Condition 2). Since the hearing, a slightly revised plan has been submitted to Staff that depicts the building a bit closer to the streets to meet the recommendations of the Seapines Station Design Guidelines, and also removes a wrap-around porch on the east side of the eastern building to provide more privacy for the existing adjacent residents. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 8-0, with 1 abstention. 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "34th STREET AND ARCTIC AVE APARTMENTS, CONCEPTUAL LAYOUT," dated April 3, 2018, revised 5/10/18, and prepared by Timmons Group, 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, "34th AND ARCTIC MULTIFAMILY," dated 2/14/2018, and prepared by Retnauer Baynes Associates, LLC, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. The exterior siding material above the brick skirt shall be cement fiberboard. No vinyl siding shall be installed on the exterior of the building. Willis Family Partnership Page 3 of 3 3. The installation of plant material shall be, at a minimum, as depicted on the Landscape Plan entitled, "34th STREET AND ARCTIC AVE APARTMENTS, CONCEPTUAL PLANTING PLAN," dated April 3, 2018, revised 5/10/18, and prepared by Timmons Group, 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 Resolution Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departme i. iper 41/ City Manager:` r. Applicant & Owner Willis Family Partnership11 Agenda Item Public Hearing April 11, 2018 j` City Council Election District Beach 5 Virginia Beach Request ft„v.1,x,!`t R !!t Change in Nonconformity o ,St„5t r .2 oaVf 9"°. 30%,sue Staff Recommendation ,Sue Approval q,�od 'ap 0.a t F Staff Planner %`w ;1�dSt1"` 75 75 d8 ON- 0 3 Jonathan Sanders 1ayk,,,„Ad o5?O DE DN,_ K nth Hal{So''' {. Location � 's' '% 318 & 320 345h Street aPz2 a,ey R GPINs f met 2418926937, 2418925993 ,,e'-,6e i 18th St,e et Site Size 14,000 square feet AICUZ 70-75 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District Duplex, multi-family dwellings/A-12 {i t ATI �: Apartment ,,,:%:-..l,.. { ,,x.+_ -4tti 5k' x Surrounding Land Uses and Zoning Districts ° * ", ea' North 74 34th Street , t�404st ` t10111111 , . 4 Multi-family dwellings, single-family dwellings/ `'r a A-24 &A-36 Apartment , it �'Alli' South 't v r , ,t _ - 33rd Half Street , ,1m.' , 33ra",rt � A 1 Multi-family dwellings/A-24 Apartment 1,: '' ', East :: ,” .f`� Sire t__ A �F x 4 ` ` A paisii1 I* . Townhomes/A-12 Apartment ” _ 1 i West .., i Arctic Avenue Single-family dwelling/A-12 Apartment Willis Family Partnership Agenda Item 5 Page 1 Background and Summary of Proposal • The site consists of two lots that will be combined to create a 100-foot wide by 140-foot deep corner lot that fronts both 34th Street and Arctic Avenue. Both existing lots are zoned A-24 Apartment District. According to the applicant, 10 dwellings currently exist in four buildings that were all constructed in the 1930s through the 1940s. • There are 10 legally, nonconforming units on the properties, and the applicant's request is to decrease the number of dwelling units to nine. Based on the existing A-24 zoning, as a matter of right, the applicant could redevelop the property with up to seven units. As the request remains above what can be constructed as a matter of right, a Change in Nonconformity is required. • The applicant proposes to redevelop the site with two, three-story buildings that will be connected by an open- air stairwell. A total of nine dwelling units are proposed within these two building, with a mix of one and two- bedroom apartment units. Also proposed is a one-story storage/carport structure for up to four automobiles. • The proposed concept plan depicts the buildings proposed along 34th Street setback 12 feet from the property line, with the porch/balconies of the corner building projecting even closer to the road, thereby encroaching into the 30-foot front yard setback for A-24 Apartment Districts. An existing structure on the site is located 11 feet from the 34th Street right-of-way. • A total of 17 parking spaces are proposed, all of which will be accessed off of the alley. A parking lot with nine spaces is depicted on the concept plan along with up to eight stacked spaces, including four spaces within the carport. Based on the standards set forth in the Zoning Ordinance, a minimum of 18 on-site parking spaces are required. However, as a result of this project, five on-street parking spaces will be created along Arctic Avenue. • Proposed streetscape improvements consist of a widening of the pavement within 34th Street and Arctic Avenue; and the installation of curb and gutter and new sidewalks. • The submitted architectural elevations depict a red brick skirt, upgraded vinyl horizontal siding, upgraded vinyl board and batten, cementitious smooth paneling and trim,vinyl windows, Bahama shutters on the 3rd level and architectural asphalt shingles. • The conceptual planting plan depicts foundation landscaping at the base of the buildings and along the covered parking area; flowering small trees and large canopy trees; evergreen shrubs to provide screening along the eastern boundary line; and accent grasses and evergreen groundcover. • Stormwater management will be addressed in more detail during final site plan review. Willis Family Partnership Agenda Item 5 Page 2 ll — . \',, 1---\\-3k..-0 VAT ..7-7--• r _\___7—i---- t5 h , .i0�,411 Zoning History : -\ OR # Request ,\1\\_ `i ,/� / �i: 1� , 1 NON Approved 11/12/2013 - - ;477.� A 2 NON Approved 06/07/2016 1 - i✓\...,.._ 3 NON Approved 01/14/2014 12 4.\ , 1h rf �I/�'.. __- 4 NON Approved 01/14/1997 a-----"\1.1 2\4\ \\\ A-2\ ' *A '-' RO 1 ,,....n z_\_ L� \ . , ,,._______ .„ _\ , ,. Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Evaluation and Recommendation The proposed redevelopment to construct two buildings containing nine multi-family dwellings on the site is, in Staff's view, compatible with the land use policies for the Suburban Area as the proposed configuration of the site, architectural massing and materials, parking, landscaping and streetscape improvements are in alignment with the Seapines Station Voluntary Design Guidelines. The Guidelines, which are adopted as part of the Comprehensive Plan's Reference Handbook, include design recommendations for this area and address setbacks, massing, materials, parking, and landscaping. Below is a brief evaluation of the applicable Guidelines. Setbacks and Massing The Guidelines recommend that large-scale structures be "broken up" into separate buildings, and that roof lines and heights be varied in order to reduce the mass of a structure. The Guidelines state that the front setback of the buildings should be 10 feet, the side yard setback should be eight feet and porches should be five feet. The facades of the proposed buildings are designed with projections, such as porches and balconies, which provides visual relief and will aid with reducing the overall scale of the building. The proposed setbacks of 12 feet for the front yard and 10 and 15 feet for the side yards exceed the setbacks recommended by the Guidelines, which is 10 feet for the front and eight feet for side yards. Materials The Guidelines state that siding should include high quality materials that stand up over time to the effects of salt spray and wind. Use of masonry and cement fiberboard is encouraged. The applicant is proposing a masonry skirt, upgraded vinyl siding on the facade and cement fiberboard for trim details. The articulation of exterior materials is balanced and meets the intent of the Guidelines. Parking The Guidelines recommend for corner lots that parking areas for multi-family dwellings be on the interior of the lot and accessed via an alley. The use of pervious materials for on-site parking, driveways and walkways is encouraged. Due to the proposed widening and streetscape improvements, more space will be available to comfortably park on the street, which will offset the lack of one parking space on-site. As previously noted, on-site parking will be accessed from the alley and will be screened from the rights-of-way by the buildings and the proposed plantings. Willis Family Partnership Agenda Item 5 Page 3 Landscaping The Guidelines state that landscaping along street fronts should frame, soften and embellish the quality of the residential environment. Planted areas should be designed to aid in stormwater management,where possible.The Guidelines recommend that a minimum five-foot wide evergreen hedge be installed along the length of any driveway that abuts a north/south property line, and that street trees be planted along rights-of-way on infill lots and for redevelopment sites. As mentioned above,the conceptual planting plan depicts foundation plants at the base of the buildings and covered parking area;flowering small and large canopy trees; evergreen screening along the eastern boundary line; and accent grasses, perennial color and evergreen groundcover. As the property is located within the 70-75 noise zone, a reduction in the number of units from 10 to nine meets the goals of Article 18 of the Zoning Ordinance of minimizing residential units within the higher noise zones. Staff views this request as an enhancement and upgrade to the area. Also, it is Staff's opinion that the project addresses many of the Seapines Station Design Guidelines with regard to providing a quality streetscape and built environment that reduces emphasis on parking areas, providing appropriate massing and treatment of buildings, and increasing plant material along street frontages. Based on the considerations above, Staff recommends approval of this Change in Nonconformity 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, "34th STREET AND ARCTIC AVE APARTMENTS, CONCEPTUAL LAYOUT," dated March 20, 2018 April 3, 2018, revised 5/10/18, and prepared by Timmons Group, 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, "34th AND ARCTIC MULTIFAMILY," dated 2/14/2018, and prepared by Retnauer Baynes Associates, LLC, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. The exterior siding material above the brick skirt shall be cement fiberboard. No vinyl siding shall be installed on the exterior of the building. 3. The installation of plant material shall be, at a minimum, as depicted on the Landscape Plan entitled, "34th STREET AND ARCTIC AVE APARTMENTS,CONCEPTUAL PLANTING PLAN,"dated March 20, 2018 April 3,2018, revised 5/10/18, and prepared by Timmons Group, 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 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 Willis Family Partnership Agenda Item 5 Page 4 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. This site is within the area associated with the Seapines Station Voluntary Design Guidelines, adopted by City Council in 2017. The Guidelines provide recommendations to encourage a quality streetscape and built environment that reduces emphasis on parking areas, provides appropriate massing and treatment of buildings, accommodates large porches, and increases plant material along street frontages. Natural and Cultural Resources Impacts The site is located in the Atlantic Ocean 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 No Data Available Existing Land Use 2-67 ADT1 Proposed Land Use 3-60 ADTe 34th Street 1 Average Daily Trips 2 as defined by 10 3 as defined by nine apartment units apartment units The south side of 34th Street is fully improved with pavement widening, curb and gutter, and sidewalk from Pacific Avenue to the eastern property line of this proposed development. This improvement allows for pedestrian mobility as well as on-street parking. As a result, Traffic Engineering is requiring the extension of these improvements along the entire 34th Street frontage, which the submitted Conceptual Layout does reflect. Arctic Avenue south of 33rd 1/2 Street is fully improved with pavement widening, curb &gutter, and sidewalk. As with 34th Street, this improvement allows for pedestrian mobility as well as on-street parking. As a result,Traffic Engineering is requiring the extension of these improvements along the entire Arctic Avenue frontage, which the submitted Conceptual Layout does reflect. Public Utility Impacts Water The site must connect to City water. There is an existing six-inch City water main on 34th Street. There is an existing 16- inch City water main on Arctic Avenue. Sewer The site must connect to City sanitary sewer. There is an existing eight-inch City gravity sanitary sewer main on 33rd 1/2 Street. Water and sanitary sewer service must be verified and improved if necessary so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. Willis Family Partnership Agenda Item 5 Page 5 Existing Site Layout STRFF t t, i / i susrr STOP = -4. is - afarttarE. .lot rortaa A' — — — — �LJ 4� r:_� I. 'k 3,482a298a air - E 12,219,82948 iI '1 ' ` .Y* il - - WA/WO Mgfr (7 6 . •f.• ;i 4 16L'YsRY, :Ir.7., i, •}REE t,r 11111 ' . g; ` 3JILVIY igAME j- - --- -,:',. 7-4 . , • . "!7%• 1 . . . e. .,--. .. ...-„,,.., ., 0 ,e. t ,t671.111.7 ,;,p E. • p�Cbill � ��r f t o r ( C's R 1 .e4mxtvL i 1 .':'l : �• !! AMIE rcilT. ` �5. /u!! 0,f'_„.,,,,,,e- .t. $ :,J. _ La 17 . I 1 +SFE=fY.tY .ll 'l z•I;q ''*ice, y 1. r -,1k-74-, �� a0(7lOP" . -- lz.�iWc -- -- .. n err , f 6 0 25 1 50 '.•*.� H Feet • it TIMMONS GROUP COUNTY PROJELYo•y t VISION A(H"eve0 iHBOUGH OURS Willis Family Partnership Agenda Item 5 Page 6 Proposed Site Layout 15 ASPPAt T pAyrktey- IN OG STSK 34 th S-r .........1_ RELOCATE PO1E. \ PROPOSED Riw 1 / I . I — 17' , S,DO SIP( - 11' Li. PROPOStO 11,4ASONfiy 1 , RE TA1N1h,13'NALL 4- z tell-VATISNIEQ1 .--- : — 4- 1 CEN71-RLINE 1 Of ROAD k I FLA,OAR IAA? I _ _ yy - I 2 tin VW $ t CO6$1 1 I Ii ARCTIC AVE 1 PARKING STAIRS 1 i I _ pw)posEn Live.e.;AREA ' I I I 1 - l`Cftl,5 rostmit is t --1 t PROPOSED CURS .,,,N. 1 d PARKING AND GUTTER ' ! 1 i fai4044KED , I , PROPOSED Riw IFROM FACE OF CURB TO PROPVRTY LINE Willis Family Partnership Agenda Item 5 Page 7 Updated Site Layout after Planning Commission Hearing ,MR', P 151 `t?I:dXL'.`J*;'A,.4, 34th STS - `;F a. •f, corrEm c. .,.r.� Th ,,,°,e.uB,.,� s REDUCED -EWE..R;.. pp +..M ES. I-r. s SETBACKS TO --- ' po tzvi A V•?322E r00.0IY 10-FOOT FRONT & - - -_ - 8-FOOT SIDE, f ,D _ __� MODIFIED CONSISTENT WITH I j�; l PORCH TO THE DESIGN I REMAIN GUIDELINES _ rt FL/.T OVVR FIAT — t3}fLA'WER Fi# FIR UNr'c. = +sR urns FLUSH WITH rage SF 999 ST r , Ae•4fWr•Otw L / I t4" e ' —k^?'J+R1q€ SIDE OF "' owMt BUILDING I ,ter.-,e,,, I - . 1.6 r I + . 34 FLAT OVLA FLAT a :- rE#;r 1 ARCTIC AVE ; ;tO D I w .. : k.. . ci Nr o . IL el rq " `ems IlEalllii a A._. PARKING I I i`�Meai I. TCRi STv`RA.SE I I 1 I I I ; I I I { PARKING{' ',__ { a +— I I i I * i ' ) ...MAW mo. S76'1320'W 1WO,ACE O,Cu,*j Willis Family Partnership Agenda Item 5 Page 8 Proposed Landscape Layout 34th ST FOUNDATION PLANTS I _____-i r PERENNIAL COI OR roUNDATION FOUNDATION SHRUBS i` .y PLANTS FLOWERING iLARGE CANOPY TREES i r' i,„.... TREES jft- EVERGREEN •,.?4.' 1 .• EVERGREEN GRCNINDCOVER :*; - SCREENING ACCENT i ,` f GRASSES • • - ' t PERENNIAL u 'a + COLOR PERENNIAL f 1:i #s COLOR .t FOUNOAPON 11111 SHRUBS PERENN,AL COLOR � I ; • i > } • ARCTIC AVE EVERGREEN i AI 1 - - .- - a GROUNDCOVER gill ,n� I i�>» �f t4.I EVERGREEN SHRUBS ;i P' SCREENING -- ACCENT , • ACCENT cia • GRASSES GRASSES j r,0e•.• # O oe\ • ,,.. i. . .. • e1 Willis Family Partnership Agenda Item 5 Page 9 Updated Landscape Layout after Planning Commission Hearing F .A:.It!: Y 1:7i 34th ST ' PERENNIAL 7f-"----- _. COLOR - FOUNDATION < s PLAN.TS PERENNIAL - r _ -:�'" - - -- ii� `-• PROPOSED COLOR .i y 4.. LAWN AREA y I FOUNDATION a~'' �. 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"5- , y Gs. rj ' tfi . 9 fa . a «- ani r Willis Family Partnership Agenda Item 5 Page 14 Ordinance 1 A RESOLUTION AUTHORIZING THE RECONSTRUCTION 2 OF NONCONFORMING STRUCTURES ON PROPERTY 3 LOCATED AT 318 AND 320 34TH STREET 4 5 WHEREAS, the Willis Family Partnership, (hereinafter the "Applicant") has made 6 application to the City Council for authorization to reconstruct nonconforming structures 7 located at 318 and 320 34th Street in the A-24 Apartment Zoning District, by the 8 reconstruction of 10 nonconforming apartment units into 9 apartment units located on 9 the parcels; and 10 11 WHEREAS, these parcels currently contain apartments that exceed the density 12 and that encroach into the required setbacks; and 13 14 WHEREAS, the apartments were built prior to the adoption of the applicable 15 zoning regulations and are therefore nonconforming; and 16 17 WHEREAS, the Planning Commission of the City of Virginia Beach 18 recommended approval of this application on April 11, 2018; and 19 20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 21 reconstruction of nonconforming structures is unlawful in the absence of a resolution of 22 the City Council authorizing such action upon a finding that the proposed structures, as 23 reconstructed, will be equally appropriate or more appropriate to the zoning district than 24 are the existing structures. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby finds that the proposed structures, as reconstructed, 30 will be equally appropriate to the district as are the existing nonconforming structures 31 under the conditions of approval set forth herein below. 32 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 36 That the reconstruction of the nonconforming structures is hereby authorized, 37 upon the following conditions: 38 39 1. When the site is developed, it shall be in substantial conformance with 40 the submitted site layout exhibit entitled "34th STREET AND ARCTIC 41 AVE APARTMENTS, CONCEPTUAL LAYOUT," dated March 20, 42 2018, and prepared by Timmons Group, which has been exhibited to 43 the Virginia Beach City Council and is on file in the Department of 44 Planning and Community Development. 45 Willis Family Partnership Agenda Item 5 Page 15 Ordinance 46 2. The exterior of the proposed buildings shall substantially adhere in 47 appearance, size and materials to the elevations entitled, "34th AND 48 ARCTIC MULTIFAMILY," dated 2/14/2018, and prepared by Retnaur 49 Baynes Associates, LLC, which have been exhibited to the Virginia 50 Beach City Council and are on file in the Department of Planning and 51 Community Development. 52 53 3. The installation of plant material shall be, at a minimum, as depicted on 54 the Landscape Plan entitled, "34th STREET AND ARCTIC AVE 55 APARTMENTS, CONCEPTUAL PLANTING PLAN," dated March 20, 56 2018, and prepared by Timmons Group, which has been exhibited to 57 the Virginia Beach City Council and is on file in the Department of 58 Planning and Community Development. 59 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: � . , / / Barry Frankenfiel y ilSofi Planning and Community CityAtto(ney's Office Development �. ) CA14356 R-2 April 5,2018 2 Willis Family Partnership Agenda Item 5 Page 16 Disclosure Statement ;;rginia Bea: APPLICANT'S NAME Willis Family Partnership 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/Ali ups rsur s n;uv be updated two(2)weeks to arty Page 1 of 7 anning Commission and City Council meeting that pertains to the application(s) El APPLICANT NOTIFIED OF HEARING 'AT XNO CHANGES AS OF fi , 18 JS Jonathan Sanders El REVISIONS SUBMITTED Willis Family Partnership Agenda Item 5 Page 17 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 17 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Willis Family Partnership If an LLC, list all member's names: See Attached 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. Check here if the PROPERTY OWNERISNOT a corporation, partnership, firm, business, or other unincorporated organization. C 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 Willis Family Partnership Agenda Item 5 Page 18 Disclosure Statement \113 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Willis Family Partnership Agenda Item 5 Page 19 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) V E Accounting and/or preparer of Patrick Shuler, CPA,Dixon Hughes I your tax return Goodman X — Architect/Landscape Architect/ Retnauer Baynes Associates,LLC Land Planner C Contract Purchaser(if other than X the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed f7 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X Construction Contractors Engineers/Surveyors/Agents Timmons Group Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n Legal Services Midgelt&Prat,PC;Inman&Strickler Real Estate Brokers/ Alen Pyle,Pyle Realty ISI Agents/Realtors for current and I/\' anticipated future sales of the subject property 'Sykes,Bourdon,Ahern&Levy,P.C. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Willis Family Partnership Agenda Item 5 Page 20 Disclosure Statement •►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 d 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. J414, ma/t• • J!� T. I-I va rr Tit ./7/12°17 a°r7 _ APPUCANT's SIGN U � - :�--- PRINT NAME 4 i NP M « ,-E�OF DATI — — >%MIne1G0 LLEi i Page S of 7 Willis Family Partnership Agenda Item 5 Page 21 Disclosure Statement Section 2/Property Owner Disclosure (A) Willis Family Limited Partnership General Partner: Earlco,LLC Manager: John T.Midgett Member: Survivor's Trust B,under The Willis Family Joint Trust Trustee: John T.Midgett Beneficiary: Mary Jane Willis Limited Partners: 1. Mary Jane Willis 2. Ros R.Willis 3. Lucy Willis 4. Clay Willis 5. Willis Family Trust Under the Willis Family Joint Trust Trustee: John T.Midgett Primary Beneficiary: Mary Jane Willis Contingent Beneficiaries: Ros R.Willis Elizabeth W.Keever 6. Elizabeth Keever Irrevocable Trust Trustee: John T.Midgett Beneficiary: Elizabeth W.Keever (B) Midgett&Preti PC Partially Owned by John T. Midgett Willis Family Partnership Agenda Item 5 Page 22 1 A RESOLUTION AUTHORIZING THE RECONSTRUCTION 2 OF NONCONFORMING STRUCTURES ON PROPERTY 3 LOCATED AT 318 AND 320 34TH STREET 4 5 WHEREAS, the Willis Family Partnership, (hereinafter the "Applicant") has made 6 application to the City Council for authorization to reconstruct nonconforming structures 7 located at 318 and 320 34th Street in the A-24 Apartment Zoning District, by the 8 reconstruction of 10 nonconforming apartment units into 9 apartment units located on 9 the parcels; and 10 11 WHEREAS, these parcels currently contain apartments that exceed the density 12 and that encroach into the required setbacks; and 13 14 WHEREAS, the apartments were built prior to the adoption of the applicable 15 zoning regulations and are therefore nonconforming; and 16 17 WHEREAS, the Planning Commission of the City of Virginia Beach 18 recommended approval of this application on April 11, 2018; and 19 20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 21 reconstruction of nonconforming structures is unlawful in the absence of a resolution of 22 the City Council authorizing such action upon a finding that the proposed structures, as 23 reconstructed, will be equally appropriate or more appropriate to the zoning district than 24 are the existing structures. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby finds that the proposed structures, as reconstructed, 30 will be equally appropriate to the district as are the existing nonconforming structures 31 under the conditions of approval set forth herein below. 32 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 36 That the reconstruction of the nonconforming structures is hereby authorized, 37 upon the following conditions: 38 39 1 . When the site is developed, it shall be in substantial conformance with 40 the submitted site layout exhibit entitled "34th STREET AND ARCTIC 41 AVE APARTMENTS, CONCEPTUAL LAYOUT," dated April 3, 2018, 42 revised 5/10/18, and prepared by Timmons Group, which has been 43 exhibited to the Virginia Beach City Council and is on file in the 44 Department of Planning and Community Development. 45 46 2. The exterior of the proposed buildings shall substantially adhere in 47 appearance, size and materials to the elevations entitled, "34th AND 48 ARCTIC MULTIFAMILY," dated 2/14/2018, and prepared by Retnaur 49 Baynes Associates, LLC, which have been exhibited to the Virginia 50 Beach City Council and are on file in the Department of Planning and 51 Community Development. The exterior siding material above the brick 52 skirt shall be cement fiberboard. No vinyl siding shall be installed on 53 the exterior of the building. 54 55 3. The installation of plant material shall be, at a minimum, as depicted on 56 the Landscape Plan entitled, "34th STREET AND ARCTIC AVE 57 APARTMENTS, CONCEPTUAL PLANTING PLAN," dated April 3, 58 2018, revised 5/10/18, and prepared by Timmons Group, which has 59 been exhibited to the Virginia Beach City Council and is on file in the 60 Department of Planning and Community Development. 61 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- t11_/AJ / -f,t,,„ .--T _ ! _ :`A./.� Barry Frankenfield B. Kay Wils.- Planning and Community City Attorne ' O' .ce Development CA14356 R-4 May 15, 2018 2 Item#5 Willis Family Partnership [Applicant] Change in Nonconformity 318 and 320 34th Street District—Beach April 11, 2018 APPROVED Eddie Bourdon: Good afternoon Ms. Oliver, members of the commission, Eddie Bourdon, Virginia Beach attorney represent the applicant. Firstly I want to do is I want to thank Jonathan and Carolyn Smith and director Frankenfield for their work with us on this redevelopment proposal. You all familiar with the Seapines area,which was left out of the Form-Based Code due to concerns from the Navy, so we cannot rezone a number of these properties that have nonconforming uses that have been there for decades and decades and that's the case here with 10 units in four structures on the property that is legally nonconforming since an application to modify that nonconforming use. The staff has done a wonderful job with the write up and you all reviewed that this morning. I want to hit on some points I think that weren't hit on, that I think are very important. This redevelopment, this property has 340 linear feet of street frontage on 34th Street, Arctic Avenue and the alley 33rd Half Street. Today, because of the street narrowness and not being completely developed to today's standards there is room to park, one possibly two cars, everything else is no parking. Today, these 10 units have 12 parking spaces, 8 of which are legally on-site and 4 of which are not. So with the 340 linear feet of road frontage and 10 units, you have a total of 12 semi on-site parking spaces and one to two legal off-site and I would say really it's one. With this redevelopment, the owner of the property will be spending well over a 100,000 dollars, really 100 and quarter, to widen the street, putting curb and gutter on all three streets. There will be a total of at least 7 on-street parking spaces when we are done and there will be on- site 17 spaces instead of 12. That represents an increase of 12 spaces, one shy of doubling the number of spaces that exist today and at the same time, we are reducing the number of units from 10 to 9 and we are not increasing one iota, the number of bedrooms, so we are not increasing density at all. So you got a huge benefit from a parking standpoint for what's there now and the redevelopment the rights-of-way being done totally with the applicant's money, not with any taxpayer dollars. It's organic redevelopment, the property when we are done, will be worth probably three or more than three times what is worth today and the tenants will be much better because the rents will be probably commenced with that increase in value. Today, the property is almost entirely impervious surface with this redevelopment will be reducing the amount of impervious surface,even by adding the parking,we are still reducing the impervious surface. What is there now was developed before we had a stormwater management ordinance and there is no storm or treatment taking place and we will be treating the stormwater in accordance with today's requirements. The gentlemen who were here, I apologize I thought that my representative talked to everybody but apparently that wasn't the case, but I have spoken to the gentlemen that are here and they will be presenting. They had sent a letter, which I wanted to address which I have taken time before this started to address some of the questions or concerns they had. The trash will be, 1 it's not a public pickup, because it's an apartment, the trash containers will be shared and it will be private pickup, but they will be in the storage building. They are not exterior, not going to be stored exterior, they will be rolled out onto the alley when they are picked up, but it won't be the same time that their trash is picked up on the alley. They had concerns also about lighting and we are not going to be putting any high lights or anything like that out there in the parking lot. It will be as minimal as we could make it.We are not going to be adding to any light pollution whatsoever. I think I have addressed the earlier concerns which were parking and stormwater runoff which we cannot, we are not going to runoff under their property. Now the other thing,the parking lot,there is a, you cannot see it up here,but actually I apologize, I have got larger landscape plans that I was going to handout but neglected to do so, but the parking lot is, there we go, it's a curbed parking lot and there is 7.5 feet between the curb and the property line. There will be lot of evergreen shrubs and some large canopy trees that will be planted with that and so the concerns of cars backing out and hitting the fence is not, they have to jump the curb and go through the landscaping to hit the fence, which was one of the other concerns that was expressed by the folks to the east. The parking spaces on this side, there is no parking along here, so that's that. Now these are stacked spaces. They will be rented as a part of the units, there are 6 two-bedroom units and 3 1- bedroom units. Those who need two parking spaces, they will be reserved for that particular unit. There will be coordination in people, you know, backing out and leaving won't be just random parking on the stacked spaces. Those were some of the questions that they had put in the letter which I have addressed previously. I will be happy to answer any questions, I think it's a fantastic, organic redevelopment and no taxpayer money whatsoever,taxpayers will start making money the day it's completed from what they are making today. Ms. Oliver: Any questions for Mr. Bourdon? Ms. Oliver: I have a one, so we talked about the material,the exterior material and upgrading it since we have those guidelines in that area, for hardie plank. Mr. Bourdon: And I did speak with my client based on the concern you raised this morning, and we will agree. In fact he thinks it's a better idea because of the proximity to the Ocean that it would be a cement fiberboard where it's currently described is being some vinyl, it will be cement fiberboard. Ms. Oliver: Perfect, thank you. Mr. Bourdon: Thank you. Mr. Fisher: We do also have one speaker in opposition for a group for a 34 Street condo associates with Mr. Ervin B. Oliver, Junior, come to the podium please. Could you please state your name for the record as well? Mr. Oliver: I am Ervin "Buddy" B. Oliver, Junior, and I think I am in relation with Dee. I believe I am speaking for our condo association, so I think I get 10 minutes in this regard as I think I was told that. I live at 316 34th Street unit A. My neighbors are here. James Westcott, he lives at unit B, and Bill Kausch, lives at unit C. We are townhouse style condominiums. Our property runs from 34th back to 33' Half Street. We have been there for three years. Our property is the whole east side of the development our property adjoins. The houses that are there now were originally single-family houses that were changed into rentals through the years but have the appearance of single-family houses. So now we will have two institutional looking buildings, so 2 you can see that's quite a change, which of course would concern us. You know, how are these going to look? How they are going to be built, the traffic, so we have concerns. We, by the way, were listed in the Seapines Station design guidelines. The photo of our building was listed as a good example of what the planning commission wanted in the Seapines area. When we purchased our homes, it was under the impression that the adjoining property would eventually be like kind rather than institutional type apartment buildings,though we would rather prefer a similar or single family type homes. We welcome redevelopment that includes new sidewalks that go all the way down and curb and gutter that goes all the way down. Obviously we are concerned about institutional types of buildings, particularly since we are being told that on the other side of our street that whole side maybe sold and there is a possibility a four-story building is allowed on that side. There could be another huge institutional type building that maybe would be allowed to have fewer parking spaces. So again the concern with more cars on our street. If you are familiar with 34th Street, it does not have metered parking except just a few at Pacific. Most of the streets do not have meters and there is no decal required. So those spaces are at premium particularly in the warm months. Many folks that work in the hotels along there, tourists going to the beach all looking for parking on 34th and overflow onto Arctic. So premium parking is very much at a premium. We are told that the project will have a reduction from 10 to 9 apartments and they will have 17 parking spaces as compared to the required 18, two per unit. We're told eight spaces are stacked. My experience has been that folks don't like to put the car behind the others. It's very inconvenient and particularly if they are having to pay wouldn't that be an incentive just to try to find a parking spot around the unit. Why if it's 7, if 7 is the number that they have the right to do which would be 14 parking spaces, why not go with the 7 and have 14 non-stacked onsite parking spots rather than saying, well you know those extra spaces can be around, but those are at a premium. They will have a hard time finding those spaces,particularly if they leave to go to work. People swarm right into the spaces and they will have a hard time at all hours, not just during the normal working hours. Trash receptacles, and by the way we were not approached before this by anyone and until Mr. Bourdon approached us before the meeting, so he has answered some of these. We are glad to hear of that. We have all kinds of vision of how the trash was going to be handled, so that's nice to know that they will be under that auto port kind of thing. We have real concerns on how that stormwater is going to be handled on 33rd Half Street on the back. We're already having trouble with water puddling at the end of our garage. When there is a storm, it backs up there and so if that's not handled just right, we could have really many more issues with water, with stormwater runoff. I think he addressed the light pollution issue that I had and the letter as well concern about the bright lights, you know, the institutional building right next door. As far as the fence behind the unit, that's right there at that fence that I had visions of cars backing up, outdoor and cramp spaces out there, hitting the accelerator and the brake and going right into my fence. But I am told it's going to be with curbing, and I hope that's the case, and not just the low evergreens but higher arbor vitae types of things. That may help with the sound of slamming doors and that type of thing and block that from being hit, the fence from being hit. The final issue, and I didn't have this on the letter, those porches decks right there and in an earlier elevation they were on the right of that first building. They were moved to the left. If the setback is going to be as short as it is, I thought for apartments it was supposed to be 30 feet and I understand this is like 10 or 12 but that will be, that is right next, I can reach out and almost be able to reach out and touch them. People like to party on their decks and my bedroom is right there and so we have concerns. Why couldn't that be relocated back to the right of that first building as they had in one of the earlier elevations?That a particular concern to us. These are our full-time homes, this is my 3 retirement home, a good bit of my net worth is involved in the price of that home. So it's very important to us. We are here. I don't understand a lot about nonconformity and all that kind of thing, but I do note that this is very important to all three of us. I am not here with legal representation, but it is very important to us that you will look out for our interest as well as the developer's interest. Thank you very much. Ms. Oliver: Thank you Buddy. Mr. Bourdon: I will be brief. The issue, first of all, I had the privilege of representing Erik Homes when they redevelop the property, that these gentleman owned through the same process but they obviously didn't have 10 nonconforming legally nonconforming uses and not all of the structures were built as a single family either. But that's really in the weeds and doesn't really make any difference because they are all legally nonconforming. I will point out however that with regard to the last item which was not in the Mr. Oliver's letter, these little balcony areas, first of all they are not large at all, secondly they are not actually in front because the guidelines. Where we want to build in this area, which when Erik Zimmerman redevelop the property that they have the three condos on these guidelines didn't exist at that point in time, the building that Mr. Oliver like as the Western unit owner own is actually setback further. This deck will be, and again it is not large at all, it's really to provide a view of the down the street to the ocean. It will not be around his windows because it's actually in front. Their property setback is 5 feet from the property line, we are 10 feet back from the property line and that's where the balconies required to be as well 10 feet back, so it's double the setback that they have from their property and it's out actually in front of where their building was built because it was built before the guidelines came to exist. I would also point out across the street which I know nothing about in terms of number of units that are there, there is A-24 and A-36 zoning. Again their property zoned A-12 and that's what it has been. I mean none of the zoning here can change other than by downzoning through the process. All of the items that were listed in the letter that was provided which I received I think we more than adequately addressed. We have also agreed to meet with these three gentleman and have further discussions.The stormwater situation you all well know we cannot put any water on their property. I'm daggone sure there is water going in their property from this property today and has been for decades because there is no stormwater treatment is taking place, so we will improve that situation without any shadow. I will be happy to answer any questions. Ms. Oliver: Any questions for Mr. Bourdon? No, okay thank you. Alright, so we will close the hearing now and open it up for discussion. I do know that when they start to grade this piece of property with the spotlight on stormwater now the way it is, it will probably improve where it is pooling in the back. It's probably due to the effect that this property doesn't have that addressed on it and with it on the height as they grade it out and stuff it probably will improve with that water running away from your property more so than the way it is now,but Jeff? Mr. Hodgson: I am sitting here and I was trying to listen to the opposition and I appreciated you coming down and I think it is a very good job of laying out your concerns, so I was taking notes and I was trying to determine what reason would I have to not want to see this go through. I was struggling, I mean, I think you know you got street improvement which is going to be nice. You are going to have increased on-street parking. I think you have a good point about people not liking stacked cars so even if those four cars decided not to stack and parked on street, I think it's still an issue with about 2 or 3 more spaces on the street than you have currently. You are getting a reduction in the density of the property. I am pretty confident that this will increase all property 4 values in proximity of this site. A reduction in the impervious surface of the property. The improvement in building materials that the applicant is agreed to. I am trying to find a negative. and you know your last concern about the balcony being on your side of the property, I was trying to think could that be an issue but I think Mr. Bourdon laid out that they are actually in front more towards the street than the adjoining property?I don't take your word that they are party balconies. They are just a small little balcony with maybe a chair to it so that you can sit down and have a coffee and maybe look down the street, hopefully see the ocean if there is an ocean view from there, I am not sure. I am really struggling for negative on this and I cannot find one. So I believe I am going to support this application as it stands. Ms. Oliver: I think it's a nice improvement and I agreed with Buddy that change is always difficult, nobody likes it by any means. I think I am not sure about the balconies, I don't know we always had one when we never used one other than to check the weather and the winter that's on a north east corner so nobody is going to be out there, that's for sure. And I am with Jeff on the parking, it's just sort of unfortunately the nature of the beast down there and hopefully they will learn real quick,just because they cannot find a spot on the street when it gets to the July that they will stack those cars real fast. It is nice to know that there is more additional on-street parking and there will be a sidewalk and things like that. So, it will be nice to have but I have to support it, yes commissioner Redmond. Mr. Redmond:I move approval of the application. Ms. Oliver: Okay, right, thank you. Ms. Wilson: Mr. Redmond would you like to add a condition in regard to the cement? Mr. Redmond:Thank you for the reminder. I would like to move approval of the application; however, I would like to, do I need to add a condition or replace cement fiber board for the siding in the application, whichever you say. You are the boss. Mr. Hodgson: I still second. Mr. Fisher: By vote of 9-0, item number 5, Willis Family Partnership has been approved with the added condition. AYE 8 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYI 5 RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL ABSENT WEINER AYE CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "34th STREET AND ARCTIC AVE APARTMENTS, CONCEPTUAL LAYOUT,"dated March 20, 2018, and prepared by Timmons Group, 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, "34th AND ARCTIC MULTIFAMILY,"dated 2/14/2018, and prepared by Retnauer Baynes Associates, LLC,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. The exterior siding material above the brick skirt shall be cement fiberboard. No vinyl siding shall be installed on the exterior of the building. 3. The installation of plant material shall be, at a minimum, as depicted on the Landscape Plan entitled, "34th STREET AND ARCTIC AVE APARTMENTS, CONCEPTUAL PLANTING PLAN,"dated March 20, 2018, and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 6 58 Item—V K.2a/b PLANNING ITEM#67515 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of EVERGREEN VIRGINIA, LLC at 3033, 3025, 3001 &2981 Virginia Beach Boulevard DISTRICT 6—BEACH a. Modification of Conditions to expand an existing sales and service building(last modified February 22, 2000) b. Conditional Use Permit to add car wash BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of EVERGREEN VIRGINIA, LLC at 3033, 3025, 3001 & 2981 Virginia Beach Boulevard (GPINs 149 71 5841 7, 1497250372, 1497252343& 1497253405)DISTRICT 6—BEACH a. Modification of Conditions to expand an existing sales and service building(last modified February 22, 2000) b. Conditional Use Permit to add a car wash The following conditions shall be required: 1. The development and landscape of the Site shall substantially conform with the submitted layout entitled "Conceptual Site Layout & Landscape Plan of Checkered Flag Jaguar-Land Rover 3033 Virginia Beach Blvd. Virginia Beach, VA"prepared by MSA, P.C., dated April 7, 2017, and annotated "MSA PROJ. 414088C" as depicted on page 8 of this report as exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 2. Architectural design and colors shall conform with the "Schematic Drawings for Checkered Flag Jaguar/Land Rover 3033 Virginia Beach Boulevard, Virginia Beach, VA 23452" prepared by Covington Hendrix Anderson, dated May 18, 2017. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of-Planning and Community Development. 3. The spaces for display of motor vehicles shall be clearly marked as depicted on the submitted Site Layout. Customer parking within the areas shown on the Site Layout Exhibit referenced in Condition No. 1 above shall be clearly marked by sign or pavement markings as such and shall not be used for the display of vehicles for sale. 4. Vehicles shall not be displayed on platforms or elevated above the parking lot. 5. All motor vehicle repairs and painting shall take place inside the building. 6. No outside storage of vehicles in a state of obvious disrepair, equipment, parts, or materials shall be permitted. 7. No tires, merchandise, or parts for sale shall be displayed outside. 8. Category I screening shall be provided along the western property line adjacent to the Historical and Cultural District. 9. No outside paging or amplified music system shall be permitted. October 17, 2017 59 Item—V-K.2a/b PLANNING ITEM#67515 (Continued) 10. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building or on the doors. No window signage, portable or nonstructural signs shall be permitted. Any on-site signage for the automobile sales operation shall meet the requirements of the City Zoning Ordinance. 11. There shall be no decorative pennants, strings of light bulbs, spinners,feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the Site. 12. Use of the car wash by the general public shall not be permitted. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, the Seventeenth day of October, Two Thousand Seventeen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. October 17, 2017 �� ` :- 4+ i \I\ \\\ (ter �``� ```�,,` i C\ -'*''''---..-'..-- -- C..) C- .v (}ki. C~ -- -1_1**./2--------- Li 1 „ _\,-,-2 C:2-\,,,C, 11 <2Eli!) '- A I �� 4 '.,\ .., '\ Nib,,,.4.... , ,, i �1k i i ,, i 1 , /\,:\\\\z\ it 1, IN-ilvtik\\07 03 i co \ X 1\ ,v*olie v -1---______,1 , .51 \ \\111‘1,1,r--7 in csi ‘ .t.: \ \ \ 1 1pi NIP I•it _. ;III i ---- i E.__ I • , �J - 01 , \ --\ N t cof; y'1 ,� m \11°.) ‘-\--\N I N CO-- Tg PP - 4:SI y�7A. f igflLil j(' a C.y 0 4J' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EVERGREEN VIRGINIA, LLC [Applicant & Property Owner] Modification of Conditions (Motor Vehicle Sales, Rentals, Repair; Car Wash Facility) for the property located at 296 Kings Grant Road; 2981, 3001, 3025, 3033 Virginia Beach Boulevard, (GPINs 1497156395, 1497253405, 1497252343, 1497250372, 1497158417), COUNCIL DISTRICT — BEACH. MEETING DATE: June 5, 2018 • Background: The focus of this request is to demolish an office building and incorporate that property into the existing Hyundai dealership to the east in order to expand the auto display area. The submitted concept plan depicts the expansion of the vehicle display area with the required street frontage, and display area plantings in accordance with the Zoning Ordinance. Staff took this request as an opportunity to combine the conditions of the 1995, 1998 and 2000 Conditional Use Permits associated with the auto dealership into one comprehensive set. • Considerations: As a portion of the property is within the Francis Land House Historic and Cultural Overlay District, the proposed demolition of the office building, and the proposed fencing and lighting were considered by the Historical Review Board, and a Certificate of Appropriateness was issued. A four-foot tall, white composite fence with plantings is proposed along Kings Grant Road to aid in screening the proposed vehicle display area from the view of the historic Francis Land House and from the right-of-way. • 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 9-0, to recommend approval of this request. 1. The conditions of the 1995, 1998 and 2000 Conditional Use Permits for Motor Vehicle Sales and Repair for the properties at 2981 , 3001 and 3025 Virginia Beach Boulevard, shall remain in effect. 2. The conditions of the October 17, 2017 Modification of Conditions to the Conditional Use Permit for Motor Vehicle Sales, Rentals & Repair and Car Evergreen VA, LLC Page 2 of 3 Wash Facility approval on the portion of the site located at 3033 Virginia Beach Boulevard shall be deleted and replaced with the conditions below for the portion of the site at 296 Kings Grant Road and 3033 Virginia Beach Boulevard. 3. The development and landscaping of the site shall substantially conform with the submitted layout entitled "Conceptual Site Layout & Landscape Plan of Checkered Flag Jaguar-Land Rover 3033 Virginia Beach Blvd. Virginia Beach, VA," prepared by MSA, P.C., dated 01/26/18 and annotated "MSA PROJ. #14088C," which has been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 4. Architectural design and colors shall conform with the "Schematic Drawings for Checkered Flag Jaguar/Land Rover 3033 Virginia Beach Boulevard, Virginia Beach, VA 23452," prepared by Covington Hendrix Anderson, dated 05/18/17. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 5. The spaces for display of motor vehicles shall be clearly marked as depicted on the submitted site layout. Customer parking within the areas shown on the Site Layout Exhibit referenced in Condition 1 above shall be clearly marked by sign or pavement markings as such and shall not be used for the display of vehicles for sale. 6. Vehicles shall not be displayed on platforms or elevated above the parking lot. 7. All motor vehicle repairs and painting shall take place inside the building. 8. No outside storage of vehicles in a state of obvious disrepair, equipment, parts, tires, or materials shall be permitted. 9. No outside paging or amplified music system shall be permitted. 10.The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building or on the doors. No window signage or portable or nonstructural signs shall be permitted. Any on-site signage for the automobile sales operation shall meet the requirements of the City Zoning Ordinance. 11 . No additional freestanding signage should be installed on Kings Grant Road or on the lot at 296 Kings Grant Road, GPIN 1497156395. 12.There shall be no decorative pennants, strings of light bulbs, spinners, feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the site. Evergreen VA, LLC Page 3of3 13.Use of the car wash by the general public shall not be permitted. 14.All vehicles delivered to the site must be off-loaded on the site. The delivery vehicle shall not be permitted to back into the site from Kings Grant Road or Virginia Beach Boulevard, nor shall it impede the normal flow of traffic at any time. 15.All new light fixtures on site shall be no taller than 14 feet in height. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department r i 1 L'u-L City Manager: Applicant Evergreen Virginia, LLC Agenda Item Property Owners Evergreen Virginia, LLC and Tidewater Automobileic of Virginia, Inc. coot I PublHearing April 11,Association 2018 Virginia Beach City Council Election District Beach Request -"`J t ‘ 711.-47, ID ,/,:- e F i g< Modification of Conditions (Conditional Uses ��pyr{h DrNe �P^ hF« cep' e u Permit, as modified, approved by City Council e. for Motor Vehicle Sales, Rentals, Repair and a J x a a`° 4- ''�' Conditional Use Permit fora Car Wash Facility Aw„Rid 9-,A Ic__ in 10/17/2017) Its. Be.„0,00:-,,,:::, cfi Boulev yd C :('''''' Staff Recommendation 5 .;,dE, 5da°M` :I:7;x' $ a Approval P Pinewood Drive Warren Place 9 rt, �o �,, ,, .„ Staff Planner V ,�o,<�� 4 �F Jonathan Sanders 5,-4 Lane �, '% �° s cot_ IP >75 dB DNL y Location L R m�'"�` �.4eO O`R�L'1. 296 Kings Grant Road; 3033, 3025, 3001 & 2981 < ' Virginia Beach Boulevard GPINs 1497156395, 1497253405, 1497252343, 1497250372, 1497158417 Site Size 7.65 acres AICUZ 65-70 Sub Area 3; 70-75 dB DNL Watershed � r�,,, pt ' -�-- ;� Chesapeake Bay Existing Land Use and Zoning District C `Y� .. _4-.0 e • Office building, car dealerships/ B-2 •. Community Business _'-re''- ; '.vG Surrounding Land Uses and Zoning Districts ,= y--'I ' •f-9"‘-',%'• North = ` Virginia Beach Boulevard r Restaurant, mixed retail/ B-2 Community Business ' ' i'; ' South , ,, ti- •€ k', :• ' Office, single-family dwellings/B-2 Community p ~ - r.i' Business, R-10 Residential 'itC East # '''' An.z. Mixed retail/B-2 Community Business West �. 4 t ;`•:+? '. r ;`� Kings Grant Road Mixed retail/B-2 Community Business Evergreen Virginia, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The subject 7.65-acre site currently exists as five parcels that are developed with an office building,two car dealerships and a used car lot. • The focus of this request is to demolish the existing office building on the western parcel and incorporate it into the adjacent site, where there is an existing Hyundai dealership.The applicant is in the process of acquiring the westernmost lot in order to expand the auto display area. • The City of Virginia Beach acquired the westernmost lot, 296 Kings Grant Road, as part of the Francis Land House property acquisition in 1975. Since that time, several of those parcels have been sold and developed with commercial, office and apartment uses; while preserving the historically significant Francis Land House. There is an existing deed restriction that the City placed on the properties that restricts specific uses from occupying the sites, including auto sales. The applicant is concurrently seeking City Council's permission to remove that deed restriction in order to expand the auto-related uses onto that property. • Most recently, in 2017, City Council approved a Modification of the 1986 Conditional Use Permit in order to remodel and expand the Hyundai sales and service building, and also approved a Conditional Use Permit for a car wash.The Conditional Use Permits approved in 1995, 1998,and 2000 on the other lots to the east will remain in effect and are not subject to this request. • The submitted concept plan depicts the expansion of the vehicle display area onto the parcel located at 296 Kings Grant Road; and, the required street frontage, and display area plantings required by the Zoning Ordinance. • As this westernmost site is within the Francis Land House Historic and Cultural Overlay District,the proposed demolition of the office building was considered by the Historical Review Board at the January meeting and a Certificate of Appropriateness was issued. In addition, at their March meeting,the Board deemed the proposed fencing and lighting consistent with the existing structures within the Historic and Cultural District, and as such, a Certificate of Appropriateness was issued. • A four-foot tall,white composite fence with plantings is proposed along Kings Grant Road to aid in screening the vehicle display area from the view of the historic Francis Land House and from the right-of-way. The proposed fence and lighting are depicted on pages 8- 10 of this report. Evergreen Virginia, LLC Agenda Item 1 Page 2 A .12 Zoning History -B- • ^ ' rn� 8•," / # Request 1 CUP(Church)Approved 05/26/2009 k/ 2 MOD(Motor Vehicle Sales, Rentals and Service) v4r Approved 10/17/2017 •�4frI jr. !, CUP(Car Wash)Approved 10/17/2017 CUP(Motor Vehicle Sales and Service)Approved \, °c3 o/.. 08/18/1986 (!#( ;' 3 CUP(Motor Vehicles Sales and Repair)Approved [-i) o R102/22/2000 • 0 -12li 4 CUP(Automobile Sales, Repair, and Service) ,FrancisCaw j:,. ` CCj111 Approved 02/14/1995 0 5 CUP(Automobile Sales, Repair, and Service,Sale of A- B-2 'r o , ; Parts and Storage of Vehicles)Approved 02/10/1998 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed request for a Modification of Conditions is, in Staff's opinion, acceptable given the predominance of auto- centric uses in the immediate vicinity. While the Lynnhaven Strategic Growth Area Master Plan calls for long-term redevelopment of the site with mixed-use, non-residential projects, the proposal is compatible with the existing uses along this section of Virginia Beach Boulevard. The proposed Concept Plan depicts landscaping, fencing and lighting that will complement the Francis Land House Historic and Cultural Overlay District, and as approved by the Historical Review Board. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. The conditions of the 1995, 1998 and 2000 Conditional Use Permits for Motor Vehicle Sales and Repair for the properties at 2981, 3001 and 3025 Virginia Beach Boulevard, shall remain in effect. 2. The conditions of the October 17, 2017 Modification of Conditions to the Conditional Use Permit for Motor Vehicle Sales, Rentals & Repair and Car Wash Facility approval on the portion of the site located at 3033 Virginia Beach Boulevard shall be deleted and replaced with the conditions below for the portion of the site at 296 Kings Grant Road and 3033 Virginia Beach Boulevard. 3. The development and landscaping of the site shall substantially conform with the submitted layout entitled "Conceptual Site Layout & Landscape Plan of Checkered Flag Jaguar-Land Rover 3033 Virginia Beach Blvd. Virginia Beach, VA," prepared by MSA, P.C., dated 01/26/18 and annotated "MSA PROJ. #14088C," which has been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. Evergreen Virginia, LLC Agenda Item 1 Page 3 4. Architectural design and colors shall conform with the "Schematic Drawings for Checkered Flag Jaguar/Land Rover 3033 Virginia Beach Boulevard,Virginia Beach,VA 23452," prepared by Covington Hendrix Anderson, dated 05/18/17.Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 5. The spaces for display of motor vehicles shall be clearly marked as depicted on the submitted site layout. Customer parking within the areas shown on the Site Layout Exhibit referenced in Condition 1 above shall be clearly marked by sign or pavement markings as such and shall not be used for the display of vehicles for sale. 6. Vehicles shall not be displayed on platforms or elevated above the parking lot. 7. All motor vehicle repairs and painting shall take place inside the building. 8. No outside storage of vehicles in a state of obvious disrepair, equipment, parts,tires,or materials shall be permitted. 9. No outside paging or amplified music system shall be permitted. 10. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination.There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building or on the doors. No window signage or portable or nonstructural signs shall be permitted.Any on-site signage for the automobile sales operation shall meet the requirements of the City Zoning Ordinance. 11. No additional freestanding signage should be installed on Kings Grant Road or on the lot at 296 Kings Grant Road, GPIN 1497156395. 12. There shall be no decorative pennants, strings of light bulbs, spinners,feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the site. 13. Use of the car wash by the general public shall not be permitted. 14. All vehicles delivered to the site must be off-loaded on the site.The delivery vehicle shall not be permitted to back into the site from Kings Grant Road or Virginia Beach Boulevard, nor shall it impede the normal flow of traffic at any time. 15. All new light fixtures on site shall be no taller than 14 feet in height. 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. Evergreen Virginia, LLC Agenda Item 1 Page 4 Comprehensive Plan Recommendations The Comprehensive Plan designates this site as located in the Lynnhaven Strategic Growth Area. The long-term vision for the Lynnhaven SGA calls for a series of mixed-use and flexible developments. Design principles include enabling flexible development sites and building types to respond to ever-changing market needs and development programs that are compatible with AICUZ restrictions.The Comprehensive Plan's Special Area Development Guidelines for Urban Areas provide recommendations for site design. Specific to this proposal is the opportunity to incorporate quality landscaping and enhance exterior walls facing streets to have substantial material change and transparency. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed, adjacent to Little Neck Creek.The site is impacted by the Resource Protection Area, the most stringently regulation portion of the Chesapeake Bay Preservation Area. Portions of the site are located in the AE floodplain and the floodway; however, no land disturbance is proposed in these environmentally sensitive areas. There does not appear to be any significant cultural resources associated with the site. The property located at 296 Kings Grant is located within the Francis Land 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 Virginia Beach Boulevard 36,174 ADT 1 34,940 ADTi(LOSa""CD") 2 56,240 ADT (LOS D ) Existing Land Use 408 ADT Kin s Grant Road No Data Available 6,200 ADT'(LOS 4"C") Proposed Land Use 3-598 ADT g 9,900 ADT 1(LOS°"D") 'Average Daily Trips 2as defined by 0.74 acres 3as defined by 0.74 acres automobile °LOS=Level of Service zoned B-2 sales Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evergreen Virginia, LLC Agenda Item 1 Page 5 Proposed Site Layout w11va; ,,,, • I 60%.17V0,0,39 MOM up tffkf ,` __ I ___ i- X1,^1,,. illgig; t 29 ..� vlII c 3f IT_ II; \.: -i • ' T � - --- Ii -mg ti y ; ��: ';Iii llG irI i - v,--- G i.'�- Y..t��! , , r ._' g{pili i ❑ :.F I I ' .. • -' L lt / .1 i ` - ,WI im Ns - „I1iL . & ' s ‘ ',..., ' 0 t l' i9 N 1 $` > xet 71 3 j i• 0 • )- \, ., "4 „ . Q +s,�; ,may 3t k; °''+n, , ±. I 4 �' Y ) u1 I \, II 1 4 1 i , ..„„ , PV II ; 'i \ /i d ku ' rv. i V I\ C E 4 A o ii '` , r 1 jrf /\ I (ILI �1 1°� kit •I I \ ,� � it\ li 1 L f il 'g E. W Q V S••.d .. I� ; • i3 6 vt I 4 �t*y k! V I. to y t 6til i \/ li Y 5 ; oa zd ti" W , tB tp ' o_ 3 1i rte � Q , \ ova II g P V dd + if 1 Ig i : e gg V 0 2> Evergreen Virginia, LLC Agenda Item 1 Page 6 Landscape Exhibit for 296 Kings Grant Road S's IWS,dram/ aOeem�IMO nwr� T el L1t i Ir/da ck'tt8@ a6 SS 'stat ,-' 4 ` o i L it; ' I �'. 1 I I �3 R { Awa , � :i .._... _-W hY�4N 3 r 1.- ::11111111J tIT ,e , & .. )10,-;,.. 0 \\ O di : t i i-- '401$ I ii. Z. 2 fig€ Q t tit \` \ syr.` N E §pig eir I; of -\.\ x- 0 r @id OW -- weep ert.„ . \\ \\ orpl ......._____,.... 14,....,,,,,,„vo iiiir,,„...... \\ . \ HIM �: 0 pp •z k S r 3 1 a :a \ \ \ I x \ \ . \ 4 yr I` - '4,., m •y \ ` J $4f• ,yt • it \ \ \ ' y�„ t \. 4: \ o . gt- ♦ .. if, i o 1° V 14 ° '' \ # 7.6IIEL ,, ,,k... ._.<:,. ? \ VJ * �s el W ZQ -" ny i ff�. �4}+l E v ,Nv o �� ..14;,:‘'...4..--,, X81 LLQ S s. ii. T r Cl i" L' il 1 a`= ;k Evergreen Virginia, LLC Agenda Item 1 Page 7 Proposed Fencing • • .h �, " • �� II3,.* d * - ' 'v f s +f -54 13 ;S 4 +t yk � � �' 1 j�� I c :ib 4.1,'': 4 . . ,. ,. . .. , , „ .. , .... . Evergreen Virginia, LLC Agenda Item 1 Page 8 Proposed Lighting along Kings Grant Road SLIDE curved top shade (CTS) Evergreen Virginia, LLC Agenda Item 1 Page 9 Proposed Interior Site Lighting ARC H IL E D E HP SPECIFICATION SHEET PACE:1 OF 4 LED Project name: Type: A The Archilede HP lighting system is an innovative solution for urban lighting applications such as parking areas,roadways, parks and other pedestrian areas.The system takes advantageof the latest advancement in LED technology.With a subtle I l-contemporary design and two sizes,the Archilede HP is wellf,:-: suited for today's modern environment for new or existing - C ------ = Installations. I yo, L_1__ e Luminaire characteristics: Input load:36 to 158W SIDE VIEW Lumens: 2995 to 145501m(delivered) - Luminaire efficacy: 80 to 93lm/W Source:White LED module,LM-80 Tested 3000K:70CRI. 4000K:70CRI. Lumen maintenance:>90%of Initial lumens at 100 000 hours (L90),(LM-79 tested). I - D Optic: High efficiency optical system made of a superpure 99.95%sliver aluminum.Available in 4 different IESNA distribu- tions:Type 11.111,IV,and Type Ili with comfort optic for reduced glare. _ r Mounting:Wall or pole mounted,see page 3 for all mounting options. Vibration:3G Vibration rating(ANSI C136.31) Material: 11 Ci Optical assembly and frame:Die-cast aluminum. Reflector:Sliver aluminum. Protective screen:Sodium-calcium tempered sealing glass with customized silk-screening. Electrical: High efficiency electronic power supply, rated at 100 000 hours,120-277V.Supplied with 10'(3m)power cable. Operating temperature:-40°F to 95°F(-40°C to 35°C). Dimming:Supplied standard with 0-10V dimmable power TOP VIEW supply(down to 30%dimming range). Finish: Gray (RAL9007) painted finish with a high level of weather and UV resistance.The semi-gloss finish coating is electrostatically applied,durable acrylic enamel baked at high A• B C D temperature for superior color retentive finish. in 29% 10 11% 24% MINI Weight:Mini:20.5lbs(9.3kg).Large:33.71bs(15.3kg). min 749 253.5 300 625 Warranty:5 year limited warranty. LARGE in 34% 10% 16% 3016 min 877 268 412 765 Certification:cULus listed for wet location. Ratings:IP67,IK08. DUE TO CONTINUOUS IMPROVEMENTS,THE INFORMATION HEREIN MAY BE CHANGED WITHOUT NOTICE. LAST UPDATE.FEBRUARY 23,2017 LB R6 :L1204023 S 93 F.: 14te.0100107 ea ipLazi i)a.con MRN 1N7 e TL Ef P-514SI325Lai F.:514.52 w,M ami(l¢zGlc)Ca NORTH ANIRICS T Evergreen Virginia, LLC Agenda Item 1 Page 10 Site Photos .. t4ir'' . Ihi '-,. . /* • '' ''' „„..' irie: , t i MS � il y t .. ."4.114. 1'a r ,. =w, � 1 ' ... - ....' - 4 . , . , s_ " .,,.,„,..,.....„. . .,. ..,. ....... 101:144 . -• cz---Lf: -- .' - , ----- ' --,ii. - _ . ...,_ .4.- ,- * a . ' ,_ 1 �.• - • i; '4._•,r fit. Evergreen Virginia, LLC Agenda Item 1 Page 11 Disclosure Statement Iii3 Virginia Beach APPLICANT'S NAME Evergreen Virginia, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/Ail disclosures must be updatea u: weeks p Page 1 of 7 Planninc Commission and City Council meeting that pert the app 0 APPLICANT NOTIFIED OF HEARING NO CHANGES AS OF 5,2311$ .1$ Jonathan Sanders REVISIONS SUBMITTED Evergreen Virginia, LLC Agenda Item 1 Page 12 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Evergreen Virginia, LLC If an LLC, list all member's names: Steve Snyder 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) 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. LI 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:Tidewater Automobile Association of Virginia, Inc. If an LLC, list the member's names: Page 2 of 7 Evergreen Virginia, LLC Agenda Item 1 Page 13 Disclosure Statement \IA Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) See attached list (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 Evergreen Virginia, LLC Agenda Item 1 Page 14 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ " Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect/ Covington Hendrix,MSA, P.C. 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) Construction Contractors 1 El Engineers/Surveyors/Agents MSA, P.C. Financing (include current Towne Bank I I mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Billy Garrington Real Estate Brokers / Agents/Realtors for current and rAo anticipated future sales of the subject property emmuriaawK 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 Evergreen Virginia, LLC Agenda Item 1 Page 15 Disclosure Statement 113 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 tion. / M CANTS SIGN URE PRINT NAME TE Page 5 of 7 Evergreen Virginia, LLC Agenda Item 1 Page 16 Disclosure Statement 1VB OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ " Accounting and/or preparerof your tax return ❑ Architect/ Landscape Architect/ Covington Hendrix Land Planner ❑ ® Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed II ,� purchaser of the subject property 1-1 (identify purchaser(s)and purchaser's service providers) @ Construction Contractors nEngineers/Surveyors/Agents MSA,P.C. Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Billy Garrington Real Estate Brokers / ❑ r 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 ❑ 1contingent 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 Evergreen Virginia, LLC Agenda Item 1 Page 17 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 iimmuir Application. ,uce%7V-6—,....0 --‘,.,1 rAxvi-- il , g,,,0,4)7::. I i• ii.1' PROPERTY OWNER'S SIGNATURE INT NAME ATE - f Page 7 of 7 Evergreen Virginia, LLC Agenda Item 1 Page 18 Disclosure Statement CDCICEZ-S ci* TO TABLE Of CON TENrf. TIDEWATER AUTOMOBILE ASSOCIATION OF VIRGINIA.INCORPORATED (a Virginia non-stock,not for profit corporation) TO ALPHA INDEX Corporate Member Auto Club Enterprises Directors: Robert T.Bouttier,Chair Thomas V.McKernan John F.Boyle Carol H.Ormond Officers: Carol H.Ormond President and Chief Executive Officer Jeffrey W.Barr Chef Financial Officer and Treasurer Gail C.Louis Secretary 7 Effective as of 1/3/2018 Evergreen Virginia, LLC Agenda Item 1 Page 19 Item #1 Evergreen Virginia, LLC [Applicant] Modification of Conditions for Motor Vehicle Sales, Rentals, and Repair and Car Wash Facility 296 Kings Grant Road and 2981, 3001,3025, and 3033 Virginia Beach Blvd District—Beach April 11, 2018 APPROVED Mr. Fisher: So this afternoon, we have five items being heard by the planning commission, the first item is going to be agenda item number one, Evergreen Virginia LLC and this is an application for a modification of conditions for motor vehicle sales, rentals and repair and car wash facility on property located at 296 Kings Grant Road and 2981, 3001, 3025, and 3033 Virginia Beach Boulevard in the Beach District. Mr. Garrington: Members of the planning commission for the record Billy Garrington on behalf of the applicant Evergreen Virginia, LLC which some of you probably, if you visited the site,will recognize this as the Checkered Flag family of auto dealerships. So I thank you for trying to put this on consent agenda and unfortunately, I was the one who pulled it off, so I have nobody to blame but myself. I am just trying to get my billable hours a little bit higher. Thank you for again trying that but the one condition that I would like to ask for some relief or to be eliminated entirely as condition number 14, as it is written out condition number 14 will effectively put him out of business because what it says is that we cannot offload cars on the city right-of-way. We have to do it onsite and we cannot impede traffic at any time. It says that we cannot back the new car carriers onto the site so that means that we can only pull them on the site, which means that you then are going to affect back in back out into the Boulevard, which is going to impede traffic and cause more of a traffic hazard than it would if you only take one lane of the highway and offload the cars with someone out there assisting the truck driver. Keep in mind, these car dealerships never know when these caravans are going to show up. You know about it, 10 minutes after the guy arrives when he walks into the service department and says I have got a lot of new vehicles for you here to offload. So that's the advanced notice you get sometimes. They even come on Saturday and Sundays when the dealership's not even open. I didn't want to agree to a condition that would put them in jeopardy of losing their use permit somewhere down the road that needs to be revised or needs to be a done in a manner that it won't put them in direct conflict with their use permit and that's what I am here to ask you for today. Other than that, it's a very simple application, all they are doing is increasing the parking and the display area that they have for the dealership. This won't be hurting anyone. It would become Jaguar and Land Rover. But again it's been there for many years. When the Boulevard was widened and you took land away, you have effectively put every car dealership on the Boulevard in the same position and to say that they can impede traffic at any time is going to be a problem and they could effectively lose their license. Ms. Oliver: Okay, thank you. 1 Ms. Rucinski: I have a question. So have they been offloading vehicles now by just parking in the street? Mr. Garrington: Just like every other car dealer on the Boulevard. There is no way else to do it, typically sometimes depending on the time of the day or how busy it is, we pull on the Kings Grant Road which is the side street. They go up into the office area because it's a less congested road. Most of the time they will pull up and take their right hand lane of Virginia Beach Boulevard. They will have a lot attendant assist them to help direct traffic and they get the cars off as quickly as they can, so he can go on about his business and go on to his next destination. But again as I said, we cannot impede traffic at any time and if we try to back that truck out, this trucks have 18 wheels and they are 64 feet long. If you try to back it out into the Boulevard, you are going to significantly impede traffic and it's going to be a hazard that you don't want to have happen. Ms. Oliver: Okay, go ahead, Ron. Mr. Ripley: How are they offloading them now? Mr. Garrington: Like I just said they pull up and park it in the right hand lane of Virginia Beach Boulevard right in front of the dealership, offload them as quickly as they can and then the truck goes on about his business. He isn't affecting, impeding traffic if he does that. Mr. Ripley: So they don't pull onto the side and offload at all? Mr. Garrington: The problem is pulling onto the side; they would have to back out into Virginia Beach Boulevard with the truck that is 67 feet long, which would create a tremendous safety issue. Mr. Ripley: So how long are they there? You said a brief of time, what would you call? Mr. Garrington: 30 minutes, yeah. Mr. Ripley: 30 minutes, okay, thanks. Ms. Oliver: Okay, Don do you have a question? Mr. Horsley: No, I was just going to ask about the time that it used to take, and you said about 30 minutes. Mr. Garrington: They get them offloaded just as quickly as they can, because that new cart carrier normally has vehicles that are going to other dealerships too, so the quicker he can get them, the quicker he can get from that side, the better. Mr. Horsley: And to have a space on your own property, large enough to do this and turn these vehicles around, I don't know how much space it takes for those things. Mr. Garrington: You couldn't do it in a cul-de-sac, I mean, that's just how big those trucks are. Mr. Horsley: It would take a large part of your parking area to do that. I can understand that. Ms. Oliver: Commissioner Redmond? Mr. Redmond:I have a question, I am not sure exactly for whom, I am a little uncomfortable with the idea of removing this condition without some consideration from traffic engineering or some 2 I mean you know impeding traffic or not impeding traffic is not the kind of issue that I kind of wanna make up while we are sitting here. I think I mean I understand exactly Mr. Garrington what you are saying, I think that probably in my view anyway, it might require some more consultation before we just decide to pull that out of here, we are not pull out of here. I am not a fan by deferrals for a deferral sake, but I am just I don't know I am not comfortable pulling that out without knowing any more than I do,Mr. Garrington,and I think that's something that probably there were some discussion about but we haven't been to that discussion. I don't know what any other kind of precedent is. Is this common in dealerships like that?I am a little bit weary of doing that. I even made Barry get up and walk away. Anyway that's it if you would chew on that for a little bit that might just be above my paygrade [Crosstalk]. Mr. Garrington: I can show you that I have done use permits for every other car dealership up and down the Boulevard, everyone have been doing exactly what we are doing now and I don't want to mention by names because I don't want to get any of them into a situation but once the feeder road went away, you have nowhere else that these cars can be offloaded. Not a single dealership has room enough to get those trucks onsite and then back out into the Boulevard it just doesn't happen. Ms. Oliver: Mr. Inman? Mr. Inman: I am wondering has this condition ever been put in another conditional use permit. Mr. Garrington: Not that I am familiar with. Mr. Inman: It has, is staff familiar with the issues that Mr. Garrington is asking, commenting about many dealerships have to do what would needed to be done here, if this condition went in there? Mrs. Smith: Yes, it is, we believe City code prohibits offloading of vehicle in the public right- of-way. Ms. Oliver: So if that's the case, then. Mr. Garrington: If you want to put on there to the greatest extent practicable or something like that, I can agree with that but I am just, I am saying is just that the way it is written right now, all somebody has to see them impeding traffic one time and they say that you are not complying with the conditions of your use permit. Mr. Weiner: The car dealership is down the road, an inspector came by and he would probably site them also,wouldn't he? Mr. Garrington: It's not a condition that is use permit and that could very well be the issue. If you can put some verbiage on their to the greatest extent practicable or under only extreme circumstances but the way it's written right now, I think it's going to presume a problem. Ms. Oliver: Carolyn? Ms. Carolyn: So they do with proper notice can apply with a traffic control plan through traffic engineering, to close a portion of the street in order to accomplish that, but the scenario that Mr. Garrington described is not permitted. Ms. Oliver: Okay. Yes? 3 Mr. Inman: I don't see how we can do anything other than what is written, it's a code so you know he's got a problem I understand that. Mr. Garrington: We will agree with condition is then we will work with traffic engineering between now and city council to see what we can figure out. Ms. Oliver: Great, thank you. Mr. Garrington: Thank you, I apologize for that. Ms. Oliver: No, always good to work through these things. Alright. Mr. Horsley: Kevin do you know anything about, is ever been sighted for unloading cars like this on the public road? Mr. Kemp: Not from the planning department because this is in the public right-of-way and we do not enforce that. Mr. Horsley: So we have police department issue, you know it's kind of one of the same thing is if a truck had a flat tire and it will pull outside the road, he will be lying there longer than that. I understand Mr. Garrington's situation but I understand what our ordinance is also, so I have trusted he will get it worked out before counsel with, maybe Mr. Lowman or somebody. Ms. Oliver: The hearing is now closed and we are just going to open it up discussions amongst the commissioners, anybody have anything. Mr. Inman: I move we approve the application. Mr. Horsley: I will second it. Ms. Oliver: Commissioner Inman makes the motion, and commissioner Horsley did the second. Mr. Ripley: Ms. Chair I need to disclose that applicants indicated Towne Bank is lender and I am a member of the Towne Bank Advisory Board of Chesapeake and I have a letter on file, so I'm stating it but I don't have any relationship here. I don't have any interest in the property. So I will be disclosing, I will be voting, but I don't have any interest and I am disclosing this. Ms. Oliver: Thank you. Alright, call for the question. Mr. Fisher: By vote of 9 to 0, the agenda item 1, Evergreen Virginia, LLC has been approved. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE 4 HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL ABSENT WEINER AYE CONDITIONS 1. The conditions of the 1995, 1998 and 2000 Conditional Use Permits for Motor Vehicle Sales and Repair for the properties at 2981, 3001 and 3025 Virginia Beach Boulevard, shall remain in effect. 2. The conditions of the October 17, 2017 Modification of Conditions to the Conditional Use Permit for Motor Vehicle Sales, Rentals & Repair and Car Wash Facility approval on the portion of the site located at 3033 Virginia Beach Boulevard shall be deleted and replaced with the conditions below for the portion of the site at 296 Kings Grant Road and 3033 Virginia Beach Boulevard. 3. The development and landscaping of the site shall substantially conform with the submitted layout entitled "Conceptual Site Layout& Landscape Plan of Checkered Flag Jaguar-Land Rover 3033 Virginia Beach Blvd. Virginia Beach, VA,"prepared by MSA, P.C., dated 01/26/18 and annotated "MSA PROJ. #14088C,"which has been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 4. Architectural design and colors shall conform with the "Schematic Drawings for Checkered Flag Jaguar/Land Rover 3033 Virginia Beach Boulevard, Virginia Beach, VA 23452,"prepared by Covington Hendrix Anderson, dated 05/18/17. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 5 5. The spaces for display of motor vehicles shall be clearly marked as depicted on the submitted site layout. Customer parking within the areas shown on the Site Layout Exhibit referenced in Condition 1 above shall be clearly marked by sign or pavement markings as such and shall not be used for the display of vehicles for sale. 6. Vehicles shall not be displayed on platforms or elevated above the parking lot. 7. All motor vehicle repairs and painting shall take place inside the building. 8. No outside storage of vehicles in a state of obvious disrepair, equipment, parts, tires, or materials shall be permitted. 9. No outside paging or amplified music system shall be p-in itted. 10. The building signage shall not be a"box sign,"but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building or on the doors. No window signage or portable or nonstructural signs shall be permitted. Any on-site signage for the automobile sales operation shall meet the requirements of the City Zoning Ordinance. 11. No additional freestanding signage should be installed on Kings Grant Road or on the lot at 296 Kings Grant Road, GPIN 1497156395. 12. There shall be no decorative pennants, strings of light bulbs, spinners, feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the site. 13. Use of the car wash by the general public shall not be permitted. 14. All vehicles delivered to the site must be off-loaded on the site. The delivery vehicle shall not be permitted to back into the site from Kings Grant Road or Virginia Beach Boulevard, nor shall it impede the normal flow of traffic at any time. 15. All new light fixtures on site shall be no taller than 14 feet in height. 6 67 Item-VI-L 7 PLANNING ITEM#67568 The following individuals registered to speak: R. Edward Bourdon, attorney for Applicant,spoke in SUPPORT. Jamie Hahl, 7935 Council Place, Suite 200,Matthews,NC,Phone: 704-540-7667 Kevin Martingayle, 3704 Pacific Avenue, Phone: 233-9991, representing the adjoining neighborhood, spoke in OPPOSITION. Lyn Henry, 3328 Scarborough Way, Phone: 533-0530, spoke in OPPOSITION. Inez Giles, 3231 Saxon Place,Phone: 679-7869,spoke in OPPOSITION. Kelly Drorab, 3252 Peele Court,Phone:434-1776,spoke in OPPOSITION. Nedra Howard, 3232 Creek Side Drive, Phone: 468-0542,spoke in OPPOSITION. Fred Aldridge, 1229 Warwick Drive, Phone:274-5287,spoke in OPPOSITION Bonita Gilchrest, 3246 Red Grove Court, Phone: 663-1007,spoke in OPPOSITION. Barbie Bromfield, 1120 Old Clubhouse Road.Phone: 630-5333,spoke in OPPOSITION. Tony Tobler, 3282 Holland Road, Phone:810-1589, spoke in OPPOSITION. Linda Russell, 1212 Skylar Drive,Phone:427-6481, spoke in SUPPORT. Barbara Messner, spoke in OPPOSITION. Carl Wright, 1144 Mondrian Loop,spoke in OPPOSITION. After City Council discussion, Councilman Dyer made a motion, seconded by Councilman Davenport, to APPROVE and CONDITION. Ordinance upon application of SXCW PROPERTIES II, LLC and FULTON BANK N.A.for a Conditional Use Permit re a car wash and auto service station at 3264 Holland Road(Deferred October 17, 2017)DISTRICT 3-ROSE HALL Councilman Wood then made a SUBSTITUTE MOTION, seconded by Vice Mayor Louis R. Jones, to INDEFINITELY DEFER. Ordinance upon application of SXCW PROPERTIES H, LLC and FULTON BANK, N.A.for a Conditional Use Permit re a car wash and auto service station at 3264 Holland Road(Deferred October 17, 2017)DISTRICT 3-ROSE HALL November 7, 2017 68 Item-VI-K.7 PLANNING ITEM#67568 (Continued) Voting: 8-2 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: M. Benjamin Davenport and John E. Uhrin Council Members Absent: Jessica P.Abbott November 7,2017 7 - - a ,-,-, \_..y.. A, .,,c,-\\,.,• , / . 4., t .-A 11. A imit:iiiir 4lk._ \r„ -., ... •' ,c11 ' . ,, te .. .-- . -. ., . ANIIIISINNi, \"i':''.,---Alliatirlill*, /,,;,44 \ \ ,-7/0'1* ' 6 `.k - ' - -- - 441 \ W---. --• .<__,-. 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The request is to develop a vacant site along Holland Road with a single-track automatic car wash and a 10-pump gas station. There were two speakers at the Planning Commission public hearing in August 2017 who noted concerns related to traffic, and questioned the necessity of an additional car wash facility at this location. Based on their comments, the Planning Commission added Condition 13, underlined below, that limits the hours of operation of both the car wash and the gas station to 7:00 a.m. to 9:00 p.m., seven days a week. Also, since the Planning Commission meeting, the applicant's representative met with the surrounding property owners. As a result of this effort, the following modifications to the recommended conditions, underlined below, and to the concept plan have been submitted. First, a right-in only entrance has been added along Holland Road. A single point of ingress/egress along Warwick Drive is also proposed. Second, the parking spaces and dumpster have been relocated farther from the right-of-way. Third, the number of vacuum stations has been reduced by one. Fourth, an electric vehicle charging station has been added to the plan. Fifth, a 45-foot wide "no build" area along the rear property line adjacent to the existing neighborhood is proposed. No improvements will be allowed within this area. Six, the list of prohibited uses has expanded to include: eating and drinking establishments with a drive-through, convenience stores, bars and nightclubs, body piercing establishments, borrow pits, bulk storage yards, craft breweries and distilleries, heliports, mobile home sales, motor vehicle sales and rental, tattoo parlors, wine tasting rooms, and alcohol sales and service. Sixth, two additional conditions are proposed by the applicant that requires the submission of a Photometric Plan during final site plan review and that security cameras be installed on the property. As required, a 15-foot wide buffer is depicted along the property line adjacent to the neighborhood. Rather than maintaining the plants as called for within the Category IV requirements, the applicant requests a deviation so that the plants not SXCW Properties II, LLC Page 2 of 4 be "branching to the ground," due visibility and security concerns. Rather, it is recommended that this area be planted with a mix of evergreen and deciduous trees to be maintained in such a manner that the growth below the fence line be pruned, and the vegetation growing above the fence remain, thereby providing an appropriate natural screen for the residences. The applicant is agreeable to this approach as recommended by Condition 6. • Considerations: The modified conditions as described herein are provided below, and the revisions to the plan noted above are contained in the attached Staff report. The revised concept plan locates as much of the proposed activities as possible along Holland Road, away from the dwellings. Based on Staff's suggestions, the use of primary colors on the buildings and structures has been significantly reduced. While some red accents remain, the proposed elevations depict buildings and structures complementary to the new development in the vicinity of this site. Significant limitations to the types of uses permitted on the site are proposed. The 45-foot wide "no build" area, the 15-foot wide planted buffer, and an eight-foot high brick wall are all proposed to provide both visual and physical barriers to the development from the neighborhood. 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 passed a motion to recommend approval of this request by a vote of 11-0, subject to the conditions below. 1 . When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "SAM'S XPRESS CAR WASH & GAS STATION PREPARED FOR SAM'S REAL ESTATE," prepared by Kimley Horn, dated May 1 October 16, 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, fuel canopy, vacuum canopy, vending enclosure, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "Sam's Xpress Car Wash, Sheet numbers A200, A203, A204, A250 &A251," prepared by R IV Architecture, and dated July 13, 2017 and May 1 , 2017, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The business on this site shall only operate between the hours of 7:00 AM and 9:00 PM. 4. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the car wash building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "Sam's Xpress-Virginia Beach" prepared by Casco Signs SXCW Properties II, LLC Page 3of4 Incorporated, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. c. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 6. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the sites, lmat landscape exhibit entitled, "Conditional Use Landscape Plan," prepared by Kimley Horn, dated October 16, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development;" referenced in Condition 1 above. Said plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 7. The 15-foot landscape buffer adjacent to the existing Apartment District depicted in the Site Layout referenced in Condition 1 above shall be planted with material approved by the DSC Landscape Architect that can be limbed up to six feet in height. Said plant material shall include a mix of 70% evergreen trees and 30% deciduous trees. Said buffer shall be properly maintained and any dead, diseased or dying plant material shall be replaced. 8. The following uses shall be prohibited on the site: a. No uses shall be permitted on the site which requires a Virginia Alcoholic Beverage Control Permit. No Alcoholic Beverage Control Permit shall be requested by or issued for any use or business upon the Property which is the subject of this Application. b. Bars or nightclubs c. Body piercing establishments d. Borrow pit e. Bulk storage yard f. Craft breweries g. Craft distilleries h. Convenience stores i. Eating and drinking establishments with a drive-through j. Heliports and helistops k. Mobile home sales I. Motor vehicle sales and rental m. Tattoo parlors n. Wine tasting room. SXCW Properties II, LLC Page 4 of 4 9. The red synergy element depicted in the submitted fuel canopy elevations shall not be permitted. 10.The hoses for the vacuum system shall be black in color. 11 .Prior to the issuance of a Certificate of Occupancy, a one-foot no ingress/egress easement shall be recorded on the property line adjacent to Holland Road and adjacent to Old Clubhouse Road. 12.As depicted on the submitted site layout in Condition 1, a brick screen wall eight feet in height shall be constructed along Old Clubhouse Road. The type of tree depicted in the staggered double row of evergreen trees adjacent to the wall shall be approved by the Development Services Center Landscape Architect and be no less than 5 feet in height when planted. The trees shall be maintained by the owner of the site and "limbed up", when mature to provide ground level visibility of up to 6 feet in height. 13.A photometric plan (i.e. lighting plan) for the Property shall be submitted for review and approval with the Site Plan and the outdoor lighting fixtures shall be coordinated as to style, material and color. All lighting fixtures shall be equipped with automatic photocell on/off and include programmable dimming to dim the lumen output to 50% (or less). The programmable/automatic dimming must be to the manufacturer's standards and, at a minimum, reduce the lumen output by 50%. The lighting fixtures on the Property shall be dimmed by 50% each day at 9:30 PM. If approved by the Virginia Beach Police Department, light fixtures within 100 feet of a residential property shall be turned off daily at 11 :00 PM. 14.The existing freestanding neighborhood sign for Scarborough Square shall be replaced with a freestanding sign, no taller than six (6) feet in height measured from the ground to the top of the sign and shall be substantially in appearance as depicted on the submitted sign exhibit entitled "SAM'S REAL ESTATE — SCARBOROUGH SQUARE," dated 7/11/11 and prepared by Casco Signs Incorporated. Said sign shall be located as depicted on the site layout referenced in Condition 1 above. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department r C; City Manager: Applicant & Property Owner SXCW Properties II, LLC, a NC Agenda Item limited partnership NIB Public Hearing August 9, 2017 (Previously Deferred on July 12,2017) D2 City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit (Car Wash & rya 44' Automobile Service Station) /� w, '^m° ° , c %co.� 2 w -. ca <-P 4-,,,, r 4'h aQ Staff Recommendation G "°°� ' y° �4, °,�, k 5dBDNL Approval + AP22 �dwZ. '�M°.,, f� APZ7 cStaff Planner A3. 7075 d6 D:6.. Ww,65 70 dBNL ^ «Jimmy McNamara r 0,Vy LV1y.�� ,•1{Location ,°�,3264 Holland Road " aGPIN _,�, 4oP 1495093490 / .�h. Site Size 4.49 acres AICUZ 70-75 dB DNL, a small portion of APZ-2 Watershed Chesapeake Bay Existing Land Use and Zoning District ► _, Vacant lot B-2 Community Business - '` , - E .\�f�7, .i s ..;,./. y�. ♦ .,e. r 't Surrounding Land Uses and Zoning Districts r.` � f.. ` North ti ' ' .0 ,� Townhomes/A-12 Apartment • + i. �-, 'v,c •A /r i. I South ,,,,;-\s..,. ;�� , 4*,' . ,,�+I Warwick Drive _��4I� 1 ;�; o ` .,`t `A �• Site under construction/ B-2 Community ,,,, c `' ..A*," • , iA Business f ,c • _ r • r u .r t. i �fi(t'� d� East -�,., ,0, -.•!,!. ey ;p� Townhomes/A-12 Apartment kitty./ West �', • T� r �` r%� vie!" `` • Holland Road • "p' .j* '` rit' ' '';.;:,;:1; <' tg ' r w v 3f ' w s. Child day care, townhomes/ B-2 Community •',,,./t• ,A �.`; •�.'i -F: f __ ,,y,,, Business, PD-H1 Planned Unit Development SXCW Properties II, LLC Agenda Item D2 Page 1 Background and Summary of Proposal • This item was deferred by the Planning Commission at the July 12, 2017 public hearing in order to revise the area covered by the requested Conditional Use Permit. • This is a request to develop a vacant site with a single-track automatic car wash and a 10-pump gas station. • Proposed hours of operation for both of the uses will be from 7:00 a.m.to 9:00 p.m., seven days a week. It is anticipated that up to six employees will work on the site at any one time. • The submitted layout depicts a two ingress/egress points along both Holland Road and Warwick Drive across the street from the nearby commercial shopping center's entrance. No additional access is proposed along Old Clubhouse Road. • The car wash facility is proposed to be 106 feet long,and constructed with a mixture of brown and gray brick, cement stucco, and an aluminum curtain wall system. • While most of the car wash building will be 16 feet in height, a tower feature with red decorative trellises at a height of 28 feet is proposed on the front of the building facing Holland Road. Cars will enter the facility from the rear and any stacking of vehicles will not be visible from the right-of-way. • A 134-foot long by 30-foot wide fuel canopy is proposed at the front of the site along Warwick Drive and Holland Road. • Parking for the uses will be accommodated behind the car wash facility. The 2.818 of the 32 depicted parking spaces will also serve as vacuuming stations. a Eleven of these spaces are proposed to be served by a canister vacuum system. Eight of the spaces will be located under a canopy and served by vacuum hoses attached to the ceiling of the canopy. These hoses are proposed to be black in color. The canopy is depicted with a gray standing seam roof with red edge accents and supports. • Similar to the vacuum canopy, a vending machine canopy and brick enclosure, eight feet in height, is also proposed to be located in the middle of the site. The proposed dumpster is also depicted with a brick enclosure that matches the materials of the car wash facility. • A brick screening wall, eight feet in height, and landscaping along the eastern side of the property is proposed to provide a visual screen of the site from Old Clubhouse Road. • The required streetscape,foundation and perimeter landscaping are depicted on the site layout. As required, a 15-foot yard is depicted along the property line shared with the backyards of the existing adjacent townhouse development. However,the applicant has requested a deviation to the requirement of planting Category IV plant material as it would create an alley with no visibility due to the presence of an existing fence on the neighbors' properties. Rather,Staff has requested that this area be planted with a mix of evergreen and deciduous trees that may be limbed up to six feet in order to provide visibility below the fence line, while still providing the appropriate screening to the residences above the fence line. • A freestanding monument sign with a brick base is proposed along Holland Road. • The submitted layout shows a proposed future subdivision of the 4.49-acre site that will result in the creation of a nearly two acre outparcel located in the rear of the site, adjacent to the existing neighborhood. SXCW Properties II, LLC Agenda Item D2 Page 2 ,.1 „°° Zoning History 'IlkPo i" , ;, # Request ,, 1 CUP(Automobile Service Station with Car Wash) Denied f `'' �i'' k j ,. , , R-5b. 08/28/2007 3 t Pr / 2 CUP(Automobile Service Station with Automobile Repair '*�,cr \; ! ; °, / Garage)Approved 08/24/1999 'w} �j{ v. ' ' \ 3 CUP(Automobile Repair Garage)Approved 07/12/2016 Po-H, 4 `��©• 4 CRZ A 12 to R 5D Approved 10/14/1994 t; �X , ( ) pP s -ma i 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 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 Chesapeake Bay watershed. A portion of this site is located in the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area. No development is proposed in this portion of the site. There do not appear to be any significant cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 22,800 ADT'(LOS 4"D") Holland Road 31,719 ADT' 27,400 ADT'(LOS 4"E") Existing Land Use 2—2,453 ADT Warwick Drive No Data Available 6,200 ADT'(LOS 4"C") Proposed Land Use 3-1,528 ADT 11,100 ADT 1(LOS '"E") 1 Average Daily Trips 2as defined by 4.46 acres of 3as defined by a car wash and a gas 4 LOS=Level of Service B-2 zoned property station with 10 pumps SXCW Properties II, LLC Agenda Item D2 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road, in the vicinity of this application, is considered a four-lane divided minor urban arterial. The existing infrastructure currently resides in a 95-foot wide right-of-way. The MTP proposes a six-lane facility within a 165-foot wide right-of-way. There are no current roadway CIP projects slated for this segment of roadway. Public Utility Impacts Water The site must connect to City water. There is an existing 16-inch City water main along Holland Road, an eight-inch City water main and four-inch plugged water service line along Warwick Drive and a six-inch City water main along Old Clubhouse Road. Sewer The site must connect to City sewer. Pump Station#548, which serves this site, has capacity limitation that may require system modification depending on the expected sanitary sewer flow from the proposed facility. There is an existing eight-inch City gravity sanitary sewer main along Warwick Drive. There is an existing eight-inch City gravity sanitary sewer main along Old Clubhouse Road. Evaluation and Recommendation The proposed request to develop the site with a car wash and gas station is acceptable. The proposed site layout, in Staffs opinion, is respectful of the existing neighborhood by locating the most intense use along Holland Road, away from the dwellings. In an effort to ensure compatibility with the neighborhood,the applicant has proposed a brick wall, eight feet in height,to provide a visual and physical barrier between the site and Old Club House Road. Staff also recommends a condition that limits the uses on the future proposed outparcel. The applicant has significantly altered the design to eliminate a majority of the primary colors proposed on the buildings and on the structures. Some red accents remain; however,Staff is of the opinion that the proposed elevations depict buildings and structures that will blend in with the new development typical of this area. Staff has recommended a condition that the red synergy elements proposed alongside the gas pumps be removed. These elements, in Staff's opinion, are unnecessary and detract from the aesthetics of the site. Based on the considerations above, Staff recommends approval of the request. SXCW Properties II, LLC Agenda Item D2 Page 4 Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled,"SAM'S XPRESS CAR WASH &GAS STATION PREPARED FOR SAM'S REAL ESTATE," prepared by Kimley Horn, dated May 1 October 16, 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, fuel canopy, vacuum canopy, vending enclosure, and dumpster enclosure shall substantially adhere in appearance,size and materials to the elevations entitled,"Sam's Xpress Car Wash,Sheet numbers A200,A203,A204,A250&A251," prepared by R IV Architecture,and dated July 13, 2017 and May 1, 2017, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The business on this site shall only operate between the hours of 7:00 AM and 9:00 PM. 4. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the car wash building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "Sam's Xpress-Virginia Beach" prepared by Casco Signs Incorporated, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 5. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. c. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 6. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout landscape exhibit entitled, "Conditional Use Landscape Plan," prepared by Kimley Horn, dated October 16, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development;"referenced in Condition 1 above. Said plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 7. The 15-foot landscape buffer adjacent to the existing Apartment District depicted in the Site Layout referenced in Condition 1 above shall be planted with material approved by the DSC Landscape Architect that can be limbed up to six feet in height. Said plant material shall include a mix of 70%evergreen trees and 30% deciduous trees. Said buffer shall be properly maintained and any dead,diseased or dying plant material shall be replaced. 8. The following uses shall be prohibited on the site: a. No uses shall be permitted on the site which requires a Virginia Alcoholic Beverage Control Permit. No Alcoholic Beverage Control Permit shall be requested by or issued for any use or business upon the Property which is the subject of this Application. b. Bars or nightclubs c. Body piercing establishments d. Borrow pit e. Bulk storage yard SXCW Properties II, LLC Agenda Item D2 Page 5 f. Craft breweries g. Craft distilleries h. Convenience stores i. Eating and drinking establishments with a drive-through j. Heliports and helistops k. Mobile home sales I. Motor vehicle sales and rental m. Tattoo parlors n. Wine tasting room. 9. The red synergy element depicted in the submitted fuel canopy elevations shall not be permitted. 10. The hoses for the vacuum system shall be black in color. 11. Prior to the issuance of a Certificate of Occupancy, a one-foot no ingress/egress easement shall be recorded on the property line adjacent to Holland Road and adjacent to Old Clubhouse Road. 12. As depicted on the submitted site layout in Condition 1, a brick screen wall eight feet in height shall be constructed along Old Clubhouse Road. The type of tree depicted in the staggered double row of evergreen trees adjacent to the wall shall be approved by the Development Services Center Landscape Architect and be no less than 5 feet in height when planted. The trees shall be maintained by the owner of the site and "limbed up", when mature to provide ground level visibility of up to 6 feet in height. 13. A photometric plan (i.e. lighting plan) for the Property shall be submitted for review and approval with the Site Plan and the outdoor lighting fixtures shall be coordinated as to style, material and color. All lighting fixtures shall be equipped with automatic photocell on/off and include programmable dimming to dim the lumen output to 50% (or less). The programmable/automatic dimming must be to the manufacturer's standards and, at a minimum, reduce the lumen output by 50%. The lighting fixtures on the Property shall be dimmed by 50% each day at 9:30 PM. If approved by the Virginia Beach Police Department, light fixtures within 100 feet of a residential property shall be turned off daily at 11:00 PM. 14. The existing freestanding neighborhood sign for Scarborough Square shall be replaced with a freestanding sign, no taller than six (6) feet in height measured from the ground to the top of the sign and shall be substantially in appearance as depicted on the submitted sign exhibit entitled "SAM'S REAL ESTATE — SCARBOROUGH SQUARE,"dated 7/11/11 and prepared by Casco Signs Incorporated. Said sign shall be located as depicted on the site layout referenced in Condition 1 above. 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. SXCW Properties II, LLC Agenda Item D2 Page 6 Proposed Site Layout • Revised Site Layout Including 45-foot no build area and ingress/egress point on Holland Road \ \. `\ -11 -11 -! 1 I • �a; 1 _71.\:* 1-—01 ....- , 1 i\ I ase -I I a ' .,0 e,;��a _I Aa II r41 �� ` I ' IIS , c+ I S I ~ 5, . 1 'Y 1 � 1,, . i II Id •,, licl,. / r i , •'\ \ ...� •fir \r _,,m I :„ . ...., r 1 1 ! �� ti/ � � wry _+ ..c. ` N. I \ .. . ill NM .._4_. lw Il l • 1..1I�� • I1-011 _ 1I y N \ -;r 4. i r-lihi .tom 1 Y tw P ! e SXCW Properties II, LLC Agenda Item D2 Page 7 Proposed Landscape Exhibit g.!, a. q.. g.• g,.:..ww::R....... to: t l • I id$f a ea I 13Pianftt!@till ii, r,. _ •' ` _ w , .I 1 wZ . c 11 } i n �,—® 1. ti., ce. it,-., - T 1 .1,i. III( i ii I . ' � . - -- TED � /T _ T_. ; T __ .fit '_ T i ' : 1 " i -' 0 % 'I I i O '. ' a-i .,,� i • i) x �= m 1 I I :gid\_ / ili iK. I _ ii 1 \ .. I L 4 , .,s � \ • a � TI1 C4 is i1 1 N \ 1 1, iI i 4‘fit - \ T T ) T 1 ', y ssN i \ \\ \ ® loll 1 -� s. N 1 r is s3 - jam � � ♦e'.♦ 411.- • an= 1 „fig •...f 1. INS iiiOF 0 fteor Aat u• • SXCW Properties II, LLC Agenda Item D2 Page 8 Proposed Elevations e m u i C I loiE u g 111:1 r" _ ' k 0 y�� 6 '5 3131 � ll! i � � 0 g u 3 tp cg 1 303 e: ��: � � j= f P ♦ 0 . ® I , II] 3 is ;i3 to 1 E .@ I _T s. • , \ las► ', 18 ■i: E � 1 1E111 ,_ -.. i ,_ i ! rI, , . . Ell 111 ME i� ION s. ■ �■ ill11111 : I lg 1 C III ii mg ry II II 1 ; 1 liii1 i. MD __ ig ! ill 1 4 43J I f�it. 1 Iii:— '' ! 1I -.--` . \ rwil " I ' 11 '8 8 ,a � � ire 9 1, ,B 3 l d� s : :i i SXCW Properties II, LLC Agenda Item D2 Page 9 Proposed Elevations 0 .p C' z a wl a r {i 9 E z O Zr) 11 ce A: i U U > 5 > S I P vJ as ® 6 S ill i i / (I[ \ss's \ 3 )eill \\ I . c--• h� 4 O Q v C 5 cz00 • U . < ,: U a �-I _f__-___ '1c t: 6: 4 m SXCW Properties II, LLC Agenda Item D2 Page 10 Proposed Elevations if 111, , ii _ . _ 1-___- \ ,_ _ _ 1l� ii ,_ . _ ,:_____ _ _ _____117\ ____. SXCW Properties II, LLC Agenda Item D2 Page 11 Proposed Sign Elevation z, _ 1111111111111P11�i: I . . . IIl . 0i ii r---' ;.0c 91 1, m I, tt7 Lt, e M M H W 111 if 3 M M �'a tr1',ta p �Lap,,"w ^ 3- O d O 3� E23J !. # V _ -,a on c o a A A a0c.ac g a u v n c,25 s 3 1 'E a> nu' c - is E W x N a g E' i!d o E -N UE Eo, a m LL n� -2— aw d.o iiidiff -1.j to V :IIIII!p:l:IIIIIp'rr 111 _ T �, I L : ff M cY7 11 _ 11 I t f 1 o e - IIS � � T . FI R4 MM11; r LU0 _t_ I 3 6 li 11111111 ' 11111111 +1 to �1�1�1�111111l1lll1l1t111 --_ -- IslolouIIIflhIUuUIIIIuUlr I sw I see A[ cz saws SXCW Properties II, LLC Agenda Item D2 Page 12 Proposed Sign Elevation t E E. `5_.-' EE 3 u o 1, E I 3 _ o a c a u _ rT _r_s. 1 m o r � ID ge E 111 . d eaH 3 m v B E_ u. I I i I— — 1 , z 4 1 co, ti r z of - 1 1 c z R o y, ' Fi j O0 i m n /1C 3 N = 0 1 P4 c 2I I 4111 li coo) ti El CA z glf 11 at CO An Q. ZL ^. O SXCW Properties II, LLC Agenda Item D2 Page 13 Site Photos yak` r , , , • f. y • • �'�R'_a-. - ..rte. �•' �_.- SXCW Properties II, LLC Agenda Item D2 Page 14 Disclosure Statement .1kBI1,41110 liras i APPLICANT'S NAME SXCW Properties II, 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 1 Alternative Economic Development Nonconforming Use t 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 ,'Sf c� Page 1 of 7 (,`,I, • APPI(CANT NOTIFY L ! Hi•>R:1V f ▪ NO CHANGES AS OF S J ZY I Jimmy McNamara 0 REVISIONS SUBMITTED SXCW Properties II, LLC Agenda Item D2 Page 15 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:SXCW Properties II, LLC If an LLC, list all member's names: Sami I. Nafisi, Manager; Rima Anabtawi, Manager Pro-Tern 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 footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. D Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. M 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:Fulton Bank, N.A. If an LLC, list the member's names: Page 2 of 7 SXCW Properties II, LLC Agenda Item D2 Page 16 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) James Pesavento,Vice President&Authorized Agent (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 SXCW Properties II, LLC Agenda Item D2 Page 17 Disclosure Statement 'NB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) © Accounting and/or preparer of your tax return I5\I n Architect/Landscape Architect/ R4 Architecture I," I I Land Planner Contract Purchaser(if other than • rithe Applicant)- identify purchaser 1 and purchaser's service providers Any other pending or proposed IX purchaser of the subject property I/� (identify purchaser(s)and purchaser's service providers) Construction Contractors To Be Determined ▪ ❑ Engineers/Surveyors/Agents Kimley-Horn Financing (include current Self Financing-No Commercial xi mortgage holders and lenders Lender selected or being considered to provide financing for acquisition or construction of the property) ▪ nLegal Services Sykes,Bourdon.Ahern&Levy,P.C. ----- Real Estate Brokers / Wrightwood Properties, Inc. X n Agents/Realtors for current and anticipated future sales of the subject property e —� SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 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 SXCW Properties II, LLC Agenda Item D2 Page 18 Disclosure Statement 1/13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meetin. or meetin of any public body or committee in connection with this Appl' at'•n. • IQe714 A/74 A" 14), 3 /3r/:o / 7 APPLICANT'S SIGNATURE PRINT NAME DATE SXCW Properties II,LLC Page 5 of 7 SXCW Properties II, LLC Agenda Item D2 Page 19 Disclosure Statement OWNER Virginia Beach I YES NO SERVICE PROVIDER(use additional sheets if needed) riAccounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner ® Contract Purchaser(jf 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) nIX 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 Odin,Feldman&Pittleman,P.C. Real Estate Brokers / Venture Realty Group x E 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 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 SXCW Properties II, LLC Agenda Item D2 Page 20 Disclosure Statement :NB Virginia Beach rCERTIFICATION: 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. / , James Pesavento,Vice Pres 4U/0 /7 PROPERTY CaNER'S SICNATLRE PRINT NAME TE Fulton Bank,N.A Page 7 of 7 SXCW Properties II, LLC Agenda Item D2 Page 21 Item #D2 SXCW Properties II, L.L.C. Conditional Use Permit Car Wash &Automobile Service Station 3264 Holland Road District 3 Rose Hall August 9, 2017 REGULAR Jan Rucinski: Our next applicant is SXCW Properties II, L.L.C.,which is an application for Conditional Use Permit(Car Wash &Automobile Service Station)on property located at 3264 Holland Road, District 3, Rose Hall. Would the applicant come forward please? Eddie Bourdon: Thank you. Mr. Chairman and members of the Commission for the record, Eddie Bourdon, a Virginia Beach attorney representing the applicant and representative Sam's Express is here from Charlotte today. It was on the consent agenda,so I will keep this very brief. We've had very positive, and I think very good dialogue with the Scarborough Square Community representatives and a couple of those folks are here today. Jimmy McNamara has done a fantastic job. I think it has been a cooperative effort and got a lot of conditions that I think very much enhance and restrict the utilization of the property. It is all unconditional B-2 property.To make it a better situation for the community, the conditions that are recommended including the added condition number 12, with the exception of Condition 8, since we are going to hear this, I'm going to go ahead and make the pitch. Condition#8 is the only condition which we object and that is with the staff indication, I believe,the Zoning Administrator has indicated, although I haven't seen anything in writing that they are going to call these synergy elements on the gas pumps signs. We don't believe they are signs.That has not been anything that has been run up the flag pole. Obviously, if that determination is made,we wouldn't have them because we can't have more signs than the Zoning Ordinance allows, but we frankly don't believe that is an accurate assertion. But that is what was made last month, and again, if that determination is made we obviously won't have those synergy elements with the Exxon gas pumps. That is why we object to Condition#8. And as I said this morning, we didn't have any opposition here to speak and I don't want to characterize their comments so I will allow them speak for themselves,we weren't going to fall on our swords on that but we don't believe that they are signs, and again, if the City determines that they are,then obviously we wouldn't have them because we would be in violation of the Sign Ordinance. All the conditions with that exception of#8 are acceptable. We're doing a big beautiful brick wall behind the site,with nothing but landscaping,green space and more landscaping for the homes back here in Scarborough Square. The light across the street,their building, is, I believe, about 30-40 feet off the same street. Our building is all the way up in the front.So, we are screening landscaping, creating an absolute sense of place of arrival when you get past this development into the neighborhood. I have restricted the hours of operation. Nothing but positive dialogue and restricting the uses on the out parcel creating the buffer that Jimmy described this morning in the informal. Cooperatively we were going to put up another fence, but where their fence is inside of their property lines because it has that easement access to their backyards.We don't want to put another fence up and create the alley scenario where there are no eyes on it. So we're proposing a landscape buffer for the out parcel that will grow up and that still has the ability to be seen if they had fencing on their property. Again, I don't want to belabor since it was on the consent agenda. It is a very high quality facility. I'll be happy to answer any questions. Item#D2 SXCW Properties II, L.L.C. Page 2 Bob Thornton: Are there any questions of Mr. Bourdon? Thank you. Eddie Bourdon: Thank you. Jan Rucinski: Our first speaker in opposition is Ms. Lyn Henry. As you come to the podium if you can state your name for the record. Lyn Henry: Sure. Hi, I'm Lyn Henry, I'm a homeowner in Scarborough Square. I don't know how many of you were here in 2010, but I don't know how many days because we have been through this with a place called Raceco. They wanted to do that Raceco in the same exact location, a gas station and a car wash. And, Planning Commission passed it, and we fought it at City Council and they denied the project. Back then we had Captain Lay with the First Precinct behind this and a lawyer to help us. The issues haven't changed. Why do you need a gas station or a car wash literally less than 700 feet to the crosswalk at the corner of Holland and Lynnhaven? You can actually see the crosswalk from the sidewalk in the front of the proposed Sam's. Rio carwash down Lynnhaven is less than%2 mile away. You have an Auto Bell 1.2 miles away down Holland Road near Lowe's and in the other direction, %2 mile away at Shipps Corner you have three gas stations. Why do we need another gas station car wash? It looks like a beautiful project. Mr. Bourdon has been wonderful about contacting us and keeping in touch but we don't get it. I just don't understand. The amount of traffic that this place is going to generate already with the legal and construction we are going to see a high-end in traffic. It takes sometimes 2 to 3 light cycles to get out of our neighborhood in the morning during the peak traffic. We notice they are beginning a separate left turn lane taking up two lanes from the other side of Holland Road towards Shipps Corner. We are confused by this because once the outgoing traffic is trying to get to the direction of Lynnhaven not Shipps Corner. That right lane where people are backing up to get out of our neighborhood is going to be blocking the entrance to the Sam's Express. All of this thought process is the entrance of the projected Sam's is going to be across from a Lidl. Sam's Express is supposed to be destination traffic and we expect people will come onto Warwick with the intent of gassing up, getting their car washed and then going across Warwick to the Lidl Shopping Center and groceries or whatever. This is going to make Warwick a nightmare to navigate. Now you have people coming in and out and then trying to cross it. There are also plans for some kind of division at Court of York Quail. The property, deferred which we think they look great. To conclude,we understand that he owns it, and we know that anything can go on this property. We are pleased about the 7:00 a.m.to 9:00 p.m. the store is going to keep and we do think it is a beautiful project. But we have the same concerns that we did when the Raceco was projected back in 2010. Traffic is not going to get better. If anything it is going to get expeditionary worse. Some of us feel this is a lesser other evils of what could go on this property, and yes it could be but it is a neighborhood trying to deal with issues that have been brought to the neighborhood via surrounding businesses and recent shootings and violence that is occurring is lesser of the evils what we really should strive for?Should we hold out for better? Thank you. Bob Thornton: Are there any questions of the speaker? Thank you. Jan Rucinski: Our next speaker is Fred Aldridge. And Mr.Aldridge is speaking on behalf of Scarborough Square. Fred Aldridge: I have been at Scarborough Square for 21 years, and it is getting worse all the time. I can imagine anyone of you wanting to live in a neighborhood where already now where we have the Lidle Item#D2 SXCW Properties II, L.L.C. Page 3 Store, a Hardees and garage that is moving in at the corner. As I understand,the gentleman says there is an estimated 1,500 vehicles coming through there. That is 750 in and 750 out. Now they're talking about 700 vehicles coming into the service car wash, right straight across the street with 700, that is 350 in and 350 out. We already have traffic even coming off Shipps Corner coming along through Old Club House coming out to where this section is. It has been getting worse as the years go by. We have over 500 residences in that neighborhood plus the trailer park. Cardinal Estates and the trailer park, as you go down to Shipps Corner Road.They come out through that area. We're looking at a traffic problem right now. I have sat on the Holland Road Section above Lynnhaven through two lights for them to go one traffic light down so people can turn our section of Scarborough Square. If you come out there somedays, especially towards rush hour,you can look to the left and find as far as you see, traffic backed up. Not only is it backed up down the street, but cars have to make a left turn coming from Lynnhaven Parkway into Scarborough Square. And you know what type of ruffians. Pardon the expression. But they general on that intersection so nobody and go anywhere. We can't turn into there through the traffic. They don't leave a space for people. They want to get through that light, but they have to stop. It is ridiculous. And you're going to make it more by approval this service station car wash. Now as Lyn pointed out it may be the lesser of two evils but who wants an evil in your neighborhood. Okay. I don't know who it can be approved if it was in your neighborhood, anyone of you. I appreciate you taking a chance on us and being able to state our situation. And I hope you will think about it especially if it were your neighborhood. Please. Thank you. Bob Thornton: Are there any questions of Mr.Aldridge? Thank you sir. Fred Aldridge: Thank you. Jan Rucinski: We have no other speakers. Eddie Bourdon: Not exactly the tone I was anticipating. Raceco was an application for a convenience store with gas and a car wash, much lower quality and much higher traffic generation. This is actually a substantial reduction in traffic. It is not destination traffic. I tried to explain that, but I guess I didn't do a very good job. Most of it is actually captured traffic because of the large shopping center with a number of out parcels, a Lidl across the street on the south side. The car wash would generate, we hope as many 200 customers a day,which is actually 400 trips, because they count in and out as a trip. If you look on page 3 of the staff evaluation, and I'm sure if you want to ask Mr. Lowman his input,this is a low traffic generating use. If you had a convenience store,that has a whole lot more traffic. There is no convenience store here.This is, as I said, unconditional B-2 property upon which something that can do us across the street where the Lidl is going to going as a matter of right. Any number of uses that would be much more impactful, and wouldn't have to see over all of this extra space on their property with a beautiful brick wall landscaping on the back side that completely buffers and segregates the commercial use on this large piece of unconditional property. Both the speakers alluded to lesser of the evil and that's a characterization. It is a free country. They can make that characterization. I'm not going to argue with them. I know from experience and I think you all know from experience, and I'm sure that Staff understands from experience that this is a far better use of this piece of property with the hours restricted which won't happen with a by-right use,then what would almost certain to go on this piece of property were it not for the need of a Use Permit, which is what we have, in the case,the need for. I give Exxon high quality gas station as well. Linda Russel is here. She offered to speak. She is in favor of what's proposed. She is very active in this area, and active in this community. Again, a convenience Item#D2 SXCW Properties II, L.L.C. Page 4 store, I understand, it is open late hours. I can understand. But this applicant, high, high quality application and the applicant has, I think have stepped up to the plate. I think Staff would tell you he stepped up to the plate to do a very high quality development that will not be a destination that will create a bunch of traffic. In fact, it solves it. Most of the people that will be going here will already going to the soon,to be open shopping center immediately adjacent to the south. I'll be happy to answer questions any of you have. Bob Thornton: Any questions of Mr. Bourdon? Jeff. Jeff Hodgson: I think you just said based on the hours of operation but I don't see any hours of operations? Eddie Bourdon: Yes. We first restricted the hours. Jeff Hodgson: I may have overlooked it. Bob Thornton: Item 3 on the back. Eddie Bourdon: 7:00 a.m.to 9:00 p.m. Again,those are very restrictive hours of operations. Bob Thornton: Other questions? Thank you Mr. Bourdon> Eddie Bourdon: Thank you all. Jan Rucinski: There are no other speakers. Bob Thornton: If there are no other speakers or no other questions, we will lose the public hearing. Jeff? Jeff Hodgson:You guys said it was where? Carolyn Smith: It is located under the summary. Under the summary of proposal. It is not a condition. Bob Thornton: It is not a condition. Eddie Bourdon: I thought it was a condition.We agreed to it as a condition. Please add that as a condition. Bob Thornton: Now that we go by all of this confusion. Don? Don Horsley: What did we decide to do about condition 8 about the so called signs?Are we going to leave that in there or take it out? Bob Thornton: Mr. Bourdon has asked that it not be removed so that is sort of up to us to decide whether we want to leave it or remove. He said he would remove it if the decision is made that it is a sign but if you all decide it is not a sign, he wants to leave it. Is that right from my understanding? He is Item#D2 SXCW Properties II, L.L.C. Page 5 arguing whether it is a sign or not. Kevin Kemp: Correct.There is another process beyond this will analyze interpretation of whether or not it is a sign. If it is determined that it is a sign, it would have to get a sign permit and meet the requirements of a sign ordinance,which having that many signs would exceed the number of allowed on site. So,that would be care for there. If it is determined not to be a sign then structured ones that meets the setbacks. Bob Thornton: So, if we leave it in there, it won't be permitted? He is asking that we remove it and then go through this other process, and if the process determines it is a sign and it is not allowed. Kevin Kemp: I think we're finding a way because even if it is taken out,and they were able to add those later, if they determined it was not a sign,then that could still be substantial conformance. Bob Thornton: Okay. So we leave condition 8 as it is written? Mike Inman: And adding the hours of operation. Bob Thornton: And adding the hours of operation. Are there any other points?Jack? Jack Wall: I just want to thank Mr.Aldridge and Ms. Henry for coming out and speaking. I do appreciate their concerns, and I think this will add traffic burden to Warwick Drive, but it should be noted that it is already zoned B-2, and whether it being considered a lesser of two evils, I think that the applicant has worked closely with staff to provide quite a few amenities that probably wouldn't be there if this didn't come through this process. It didn't come through the Planning Commission, which include the screening and the landscaping, the 8 foot wall, and the buffering, as well as,the architecture that prototype architecture for this type of facility could be much different than what it is, so I'm in support of it. Bob Thornton: Mike? Mike Inman: I make a motion we approve the application with the addition of the hours of operation being added 7:00 a.m.to 9:00 p.m. Ronald Ripley: Second. Bob Thornton: Do we have a second? Okay. We have a motion by Mr. Inman to approve and a second by Mr. Ripley. Carolyn Smith: The addendum has condition 12 as well. Is that part of your motion? Bob Thornton: Let's make sure that we know what you're asking? Condition 12, I don't have the summary sheet. Jan Rucinski: The signs. Item#D2 SXCW Properties II, L.L.C. Page 6 Bob Thornton: The signs. Okay. Is that okay with you Mr. Bourdon? Eddie Bourdon: Yes,that's the sign that we agreed. Bob Thornton: What we have on the screen we don't have those pieces I front of us. One through 12 12 and adding hours, so; we have a motion. Thank you. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the application of SXCW Properties II, L.L.C. with the 12 conditions with the conditions of hours being added. Bob Thornton: Yes. Jan Rucinski: That would make it 13. Bob Thornton: That would make it 13 conditions. The sign has been put on as number 12 and number 13 would be the hours. Ed Weeden: It has been approved 11-0. Bob Thornton: Okay. Thank you. 105 Item—V-J.7a/b/c/d/e/f/g PLANNING ITEM#67920 The following individual registered to speak: Michael Agresti, 501 Bushnell Drive, Phone: 703-919-9794 Molly Brown, 2232 Sandpiper Road,Phone: 721-5011 Sam Reid spoke on behalf of the Virginia Beach Council Civic Organization. Donna Watson, 3213 Little Island Road,Phone: 689-8928 Nancy Parker, 513 23rd Street, Phone: 651-4848 Larry Horvath, 2505 Indian Hill Road, Phone: 284-1842 Herbert Jones, 2313 Sandpiper Road, Phone: 721-1103 Upon motion by Council Lady Henley,seconded by Council Lady Wilson, City Council DEFERRED FOR SIXTY(60)DAYS: 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 VersionofAlternative2) 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) March 20, 2018 106 Item—V J.7a/b/c/d/e/f/g PLANNING ITEM#67920 (Continued) 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 Alternative3) This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of March, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson, John E. Uhrin and James L. Wood Council Members Absent: Jessica P.Abbott March 20, 2018 rl C �C4 .gT, �i ei� CITY OF VIRGINIA BEACH AGENDA ITEM J 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 DEFINITON, REQUIREMENTS AND USE OF HOME SHARING AND SHORT TERM RENTALS [ALTERNATIVE 1] MEETING DATE: June 5, 2018 • Background: 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. On February 14, 2018 the Planning Commission considered these three short term rental (STR) ordinances. Alternative 1 created a Short Term Rental Overlay District. Within the overlay district, STRs were permitted, all other areas involved a conditional use permit. Alternative 2 required a conditional use permit; however, all STRs that were registered and paid taxes as of a certain date would be grandfathered. Alternative 3 made STRs a permitted use and established criteria they would have to meet. Planning Commission recommended approval of an amended version of Alternative 3 to City Council, titled "Planning Commission Version." An amended version of Alternative 2 was also vote on at Planning Commission; however, was voted for denial. On March 6, 2018, City Council held a public hearing for STRs. On March 20, 2018 City Council voted to defer consideration of STRs. Since that meeting, City Council has held several workshops with the goal of establishing an ordinance to bring forward. At the workshop on April 17, 2018, it was discussed that whatever new version City Council drafts, it should return to Planning Commission for consideration. At the request of Mayor Jones, staff has prepared a STR questionnaire to be distributed to all Council members. The results of this questionnaire will assist in determining which items there is consensus on, and which need more consideration. It is the hope that this will lead to an ordinance that can be considered by Planning Commission. City of Virginia Beach — Short Term Rental Alternative 1 Page 2of2 • Considerations: This amendment would establish definitions and requirements for home sharing and short term 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. Planning Commission did not support the use of an overlay district or of Conditional Use Permits to regulate Short Term Rentals. It is expected that City Council will defer this item. • Recommendations: City Staff deferred 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 Recommended Action: Staff recommends deferral. Planning Commission recommends Denial. City Council Action: City Council plans to defer this item. Submitting Department/Agency: Planning Department City Manager: TA( , 14\73Applicant City of Virginia Beach Agenda Items Public Hearing February 14, 2018 Short Term Rentals D1 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 L 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 L(--S-lar 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 District. Such 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 a e- - e ' - ' . -e •• ' •_ - .- _ . •- - - _ • 67 e - -- e ' -•- - _ - - e - - _ -- _ . .-- - , 68 69 (a3) There is hereby establ+shed the Old Beach Overlay District. Such district 70 shall be designated on the official zoning map by the notation "(OB)" following the 71 designation of the underlying zoning district. As an illustration, property in the Old Beach 72 ! . - _ a' . _ -e •- - ' - • e - • - e - •• •- - - - 'e -- e - •- 73 official zoning map as having the classification "R 5D(OB)." 74 75 (ail) There is hereby established the Historic Kempsville Area Overlay-District. 76 Such district shall be designated on the official zoning map by the notation "(HK)" 77 following the designation of the underlying zoning district. As an illustration, property in 78 the Historic Kempsville Area Overlay District and in the B 2 Community Business 79 , - - •- - e • " e e -e • - e - - • e •" - - • •-- - "= 80 2(HK)." 81 82 (a5) There is hereby established the Workforce Housing Overlay District. Such 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 illustration, property in the B 1 85 IA. -e _ - • - -e •- - • e e _ '•e ! . _ . •' _ e- e- e •_ -e e- 86 the official zoning map as having the classification "B 'l(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 a e e - • ee - . .' _ - e -• - e • e e-'-e -- •- 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 tcrm also includes 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.All 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.AI1 emergency exits in the structure shall be clearly marked; and 229 230 14.The City may inspect the property at any reasonable time, after notice, to 231 verify compliance with the provisions listed above. 232 233 ARTICLE 4. - AGRICULTURAL DISTRICTS 234 235 (a) Principal and conditional uses. The following chart lists those uses permitted 236 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 237 respective agricultural districts shall be permitted as either principal uses indicated by a 238 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 239 shall be prohibited in the respective districts. No uses or structures other than as 240 specified shall be permitted. 241 Use AG-1 AG-2 Home sharing meeting the requirements of section 209.6 P P Short term rental C C Short term rental within the STR Overlay District P 1 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- I R- R- R- 1 R- ! R- R- R- j R- R- 40 30 20 15 j 10 7.5 5D 5R j 5S 2.5 Home sharing meeting the PPPPPPPPPP requirements of section 209.6 Short term rental CCCCC C C C C C Short term rental within the STR P P P P P P P P P P Overlay District — — — — — — — — — — 287 288 (b) Accessory uses and structures. Uses and structures which are customarily 289 accessory and clearly incidental and subordinate to principal uses and structures and 290 where such accessory structures do not exceed the height of the principal structure and, 291 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 292 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 293 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 294 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 295 the principal structure. Such accessory uses and structures include but are not limited 296 to: 297 . . . . 298 299 (7) Rental of rooms in a dwelling or the entire dwelling for more than thirty 300 (30) consecutive days is an accessory use to the dwelling. 301 302 ARTICLE 6. - APARTMENT DISTRICTS 303 304 . . . . 305 306 Sec. 601. - Use regulations. 307 308 (a) Principal and conditional uses. The following chart lists those uses permitted 309 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 310 respective apartment districts shall be permitted as either principal uses indicated by a 311 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 312 shall be prohibited in the respective districts. No uses or structures other than as 313 specified shall be permitted. 314 8 Use A-12 A-18 A-24 A-36 f " Home sharing meeting the requirements of section 209.6 P P PP Short term rental CCCC Short term rental within the STR Overlay District PP P 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- I Use 1B- 1 1A 2 3 4 4C 4K Home sharing meeting the requirements of section X X XXPP P 209.6 — — — — — — — 9 Short term rental X X X X_ C C C Short term rental within the STR Overlay District IX X X X P P P 340 341 (b) Accessory uses and structures. Uses and structures which are customarily 342 accessory and clearly incidental and subordinate to the principal uses and structures, 343 including, but not limited to: 344 345 . . . 346 347 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 348 (30) consecutive days is an accessory use to the dwelling. 349 350 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 351 352 Sec. 1110. - Land use regulation. 353 354 355 356 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 357 A-12 Apartment District other than hospitals and sanitariums, together with the 358 following enumerated uses and structures, shall be permitted: 359 360 (1) Fraternity and sorority houses, student dormitories and student centers; 361 362 (2) Housing for seniors and disabled persons, with a conditional use permit; 363 364 (3) Marinas; 365 366 (4) Private clubs or social centers provided that clubs where conduct of commercial 367 affairs is a principal activity shall not be permitted; a 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..-i 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; and 389 390 (7) Home-based wildlife rehabilitation facilities, provided that the principal 391 structure is a single-family dwelling and the lot is greater than two thousand 392 five hundred (2,500) square feet..-; and 393 394 (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..-i 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 Home sharing meeting the requirements of section 209.6 P Short term rental C Short term rental within the STR Overlay District P 468 469 (b) Accessory uses and structures : Uses and structures which are customarily 470 accessory and clearly incidental and subordinate to the principal uses and structures; 471 provided, however, that drive-through facilities shall not be permitted as an accessory 472 use: 473 474 . . . . 475 476 (2) Rental of rooms in a dwelling or the entire dwelling for more than 30 477 consecutive days is an accessory use to the dwelling. 478 479 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 480 481 . . . . 482 483 B. - DEVELOPMENT REGULATIONS 484 485 . . . . 486 487 Sec. 2203. - Use regulations. 488 489 (a) The following chart lists those uses permitted within the Central Business Core 490 District. Uses and structures shall be allowed either as principal uses, indicated by a 491 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 492 shall be prohibited, unless allowed by special exception for Alternative Compliance 493 pursuant to Section 2205. No uses or structures other than as specified herein or as 494 allowed pursuant to subsection (b) shall be permitted. 495 Use District CBC Home sharing meeting the requirements of section 209.6 P 13 Short term rental j 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 O ice CA14135 R-10 November 2, 2017 15 CITY OF VIRGINIA BEACH AGENDA ITEM J 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: June 5, 2018 • Background: 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. On February 14, 2018 the Planning Commission considered these three short term rental (STR) ordinances. Alternative 1 created a Short Term Rental Overlay District. Within the overlay district, STRs were permitted, all other areas involved a conditional use permit. Alternative 2 required a conditional use permit; however, all STRs that were registered and paid taxes as of a certain date would be grandfathered. Alternative 3 made STRs a permitted use and established criteria they would have to meet. Planning Commission recommended approval of an amended version of Alternative 3 to City Council, titled "Planning Commission Version." An amended version of Alternative 2 was also vote on at Planning Commission; however, was voted for denial. On March 6, 2018, City Council held a public hearing for STRs. On March 20, 2018 City Council voted to defer consideration of STRs. Since that meeting, City Council has held several workshops with the goal of establishing an ordinance to bring forward. At the workshop on April 17, 2018, it was discussed that whatever new version City Council drafts, it should return to Planning Commission for consideration. At the request of Mayor Jones, staff has prepared a STR questionnaire to be distributed to all Council members. The results of this questionnaire will assist in determining which items there is consensus on, and which need more consideration. It is the hope that this will lead to an ordinance that can be considered by Planning Commission. City of Virginia Beach — Short Term Rental Overlay District Page 2 of 2 • Considerations: This amendment would establish a short term rental ordinance that incorporates an overlay district. 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. It is expected that City Council will defer this item. • Recommendations: City Staff deferred to 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 Recommended Action: Staff recommends deferral. Planning Commission recommends Denial. City Council Action: City Council plans to defer this item. Submitting Department/Agency: Planning Department City Manager: / Applicant City of Virginia Beach Agenda Items Public Hearing February 14, 2018NB- 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 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: i Alsor , --tfLot mik Panning Deo rtment Ci"Attorne :ffice CA14136 R-3 February 15, 2018 2 eel ', `( a Sy.•�Nk. 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: June 5, 2018 ■ Background: 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. On February 14, 2018 the Planning Commission considered these three short term rental (STR) ordinances. Alternative 1 created a Short Term Rental Overlay District. Within the overlay district, STRs were permitted, all other areas involved a conditional use permit. Alternative 2 required a conditional use permit; however, all STRs that were registered and paid taxes as of a certain date would be grandfathered. Alternative 3 made STRs a permitted use and established criteria they would have to meet. Planning Commission recommended approval of an amended version of Alternative 3 to City Council, titled "Planning Commission Version." An amended version of Alternative 2 was also vote on at Planning Commission; however, was voted for denial. On March 6, 2018, City Council held a public hearing for STRs. On March 20, 2018 City Council voted to defer consideration of STRs. Since that meeting, City Council has held several workshops with the goal of establishing an ordinance to bring forward. At the workshop on April 17, 2018, it was discussed that whatever new version City Council drafts, it should return to Planning Commission for consideration. At the request of Mayor Jones, staff has prepared a STR questionnaire to be distributed to all Council members. The results of this questionnaire will assist in determining which items there is consensus on, and which need more consideration. It is the hope that this will lead to an ordinance that can be considered by Planning Commission. City of Virginia Beach — Short Term Rental Overlay Map Page 2 of 2 • Considerations: This amendment would establish a short term overlay district and incorporate the district in the official zoning map. 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. It is expected that City Council will defer this item. • Recommendations: City Staff deferred 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 Recommended Action: Staff recommends deferral. Planning Commission recommends Denial. City Council Action: City Council plans to defer this item. Submitting Department/Agency: Planning Department c\SF:57- City Manager: / Applicant City of Virginia Beach Agenda Items Public Hearing February 14, 2018 D 2 & D 3 r Short Term Renta) 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: Lei N . 401;_r ,_- ..• i a P- . A _ . i fe,_ if,J,LaN, Planning Department City Attorney's Office CA14137 R-2 February 15, 2018 Item Dl 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 Dl 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. Chauwian, 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 staffs 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, I 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 D1, 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 KIA11 r0� 577 <i , 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: June 5, 2018 ■ Background: 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. On February 14, 2018 the Planning Commission considered these three short term rental (STR) ordinances. Alternative 1 created a Short Term Rental Overlay District. Within the overlay district, STRs were permitted, all other areas involved a conditional use permit. Alternative 2 required a conditional use permit; however, all STRs that were registered and paid taxes as of a certain date would be grandfathered. Alternative 3 made STRs a permitted use and established criteria they would have to meet. Planning Commission recommended approval of an amended version of Alternative 3 to City Council, titled "Planning Commission Version." An amended version of Alternative 2 was also vote on at Planning Commission; however, was voted for denial. On March 6, 2018, City Council held a public hearing for STRs. On March 20, 2018 City Council voted to defer consideration of STRs. Since that meeting, City Council has held several workshops with the goal of establishing an ordinance to bring forward. At the workshop on April 17, 2018, it was discussed that whatever new version City Council drafts, it should return to Planning Commission for consideration. At the request of Mayor Jones, staff has prepared a STR questionnaire to be distributed to all Council members. The results of this questionnaire will assist in determining which items there is consensus on, and which need more City of Virginia Beach — Home Sharing and Short Term Rentals [Alternative 2] Page 2 of 2 consideration. It is the hope that this will lead to an ordinance that can be considered by Planning Commission. • Considerations: This amendment 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. 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 consider the alternative two drafted by Staff; however voted on a substitute alternative two. It is expected that City Council will defer this item. • Recommendations: City Staff deferred to the Planning Commission. The Planning Commission did not consider this alternative. • Attachment: Staff Report Recommended Action: Staff recommends deferral. Planning Commission did not consider this option. City Council Action: City Council plans to defer this item. Submitting Department/Agency: Planning Department City Manager: 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 4 C STT o:_` .mo 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 - PLANNING COMMISSION VERSION] MEETING DATE: June 5, 2018 • Background: 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. On February 14, 2018 the Planning Commission considered these three short term rental (STR) ordinances. Alternative 1 created a Short Term Rental Overlay District. Within the overlay district, STRs were permitted, all other areas involved a conditional use permit. Alternative 2 required a conditional use permit; however, all STRs that were registered and paid taxes as of a certain date would be grandfathered. Alternative 3 made STRs a permitted use and established criteria they would have to meet. Planning Commission recommended approval of an amended version of Alternative 3 to City Council, titled "Planning Commission Version." An amended version of Alternative 2 was also vote on at Planning Commission; however, was voted for denial. On March 6, 2018, City Council held a public hearing for STRs. On March 20, 2018 City Council voted to defer consideration of STRs. Since that meeting, City Council has held several workshops with the goal of establishing an ordinance to bring forward. At the workshop on April 17, 2018, it was discussed that whatever new version City Council drafts, it should return to Planning Commission for consideration. At the request of Mayor Jones, staff has prepared a STR questionnaire to be distributed to all Council members. The results of this questionnaire will assist in determining which items there is consensus on, and which need more City of Virginia Beach — Home Sharing and Short Term Rentals [Alternative 2 - PC Version] Page 2of2 consideration. It is the hope that this will lead to an ordinance that can be considered by Planning Commission. • Considerations: This amendment 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. Opposition was present at the public hearing. Planning Commission made changes to Alternative 2, and voted on this "Planning Commission Version." This amendment was recommended for denial with a vote of nine for denial, and two for approval. It is expected that City Council will defer this item. • Recommendations: City Staff deferred to the Planning Commission. The Planning Commission passed a motion by a recorded vote of 9-2, to recommend Denial of this request. • Attachment: Ordinance Recommended Action: Staff recommends deferral. Planning Commission recommends Denial. City Council Action: City Council plans to defer this item. Submitting Department/Agency: Planning Department ij;E4.5F--" City Manager: 7R4 L 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 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. -• - •- - - - -e - 48 - 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. Adjudicated 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 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. 232Uses Residential Districts R- ( R- R- R- R- j R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Home sharing meeting the I PPPPPP PPP P requirements of section 209.6 ' l Short term rental Q C C C C C s I. i I • 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 1A-181A-24 I A-36 I I Home sharing meeting the requirements of section 209.6 C I C IC C Short term rental C C IC C 261 . j 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 . . , . 267 268 j 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- t B- B- t B- Use 1 1 1A 2 3 14 4C 4K Home sharing meeting the requirements of section P P 209.6 Short term rental X X I X X � C C C 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 (2) 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 meeting 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 ) 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..-i 387 388 (4) Housing for seniors and disabled persons..-; and 389 390 n 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 411 412 (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 Home sharing meeting the requirements of section 209.6 Short term rental C j 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: 4, /411 111. Planning De )a ment `\ City Attorney': : '. e 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 Defmition, 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 it's 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 peiuiit 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 C KU 4 r0 � S'�,T� ''''C,:•:-:. ' vv: 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: June 5, 2018 • Background: 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. On February 14, 2018 the Planning Commission considered these three short term rental (STR) ordinances. Alternative 1 created a Short Term Rental Overlay District. Within the overlay district, STRs were permitted, all other areas involved a conditional use permit. Alternative 2 required a conditional use permit; however, all STRs that were registered and paid taxes as of a certain date would be grandfathered. Alternative 3 made STRs a permitted use and established criteria they would have to meet. Planning Commission recommended approval of an amended version of Alternative 3 to City Council, titled "Planning Commission Version." An amended version of Alternative 2 was also vote on at Planning Commission; however, was voted for denial. On March 6, 2018, City Council held a public hearing for STRs. On March 20, 2018 City Council voted to defer consideration of STRs. Since that meeting, City Council has held several workshops with the goal of establishing an ordinance to bring forward. At the workshop on April 17, 2018, it was discussed that whatever new version City Council drafts, it should return to Planning Commission for consideration. At the request of Mayor Jones, staff has prepared a STR questionnaire to be distributed to all Council members. The results of this questionnaire will assist in determining which items there is consensus on, and which need more City of Virginia Beach — Home Sharing - Short Term Rentals - Alternative 3 Page 2 of 2 consideration. It is the hope that this will lead to an ordinance that can be considered by Planning Commission. • Considerations: This amendment would allow short term rentals as a permitted use. Regulations would be established which would need to be adhered to. Further details pertaining to the amendments, as well as Staffs evaluation are provided in the attached Staff report. Opposition was present at the public hearing. 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. It is expected that City Council will defer this item. • Recommendations: City Staff deferred to the Planning Commission. The Planning Commission did not consider this alternative. • Attachment: Staff Report Recommended Action: Staff recommends Deferral. Planning Commission did not consider this option. City Council Action: City Council plans to defer this item. Submitting Department/Agency: Planning Departmen City Manager: 7J( L 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 '.I ♦.wnnn 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: June 5, 2018 • Background: 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. On February 14, 2018 the Planning Commission considered these three short term rental (STR) ordinances. Alternative 1 created a Short Term Rental Overlay District. Within the overlay district, STRs were permitted, all other areas involved a conditional use permit. Alternative 2 required a conditional use permit; however, all STRs that were registered and paid taxes as of a certain date would be grandfathered. Alternative 3 made STRs a permitted use and established criteria they would have to meet. Planning Commission recommended approval of an amended version of Alternative 3 to City Council, titled "Planning Commission Version." An amended version of Alternative 2 was also vote on at Planning Commission; however, was voted for denial. On March 6, 2018, City Council held a public hearing for STRs. On March 20, 2018 City Council voted to defer consideration of STRs. Since that meeting, City Council has held several workshops with the goal of establishing an ordinance to bring forward. At the workshop on April 17, 2018, it was discussed that whatever new version City Council drafts, it should return to Planning Commission for consideration. At the request of Mayor Jones, staff has prepared a STR questionnaire to be distributed to all Council members. The results of this questionnaire will assist in determining which items there is consensus on, and which need more City of Virginia Beach — Home Sharing - Short Term Rentals- [Alternative 3 - PC Version] Page 2 of 2 consideration. It is the hope that this will lead to an ordinance that can be considered by Planning Commission. • Considerations: This amendment would allow short term rentals as a permitted use. Regulations would be established which would need to be adhered to. Planning Commission considered this alternative and made several changes to the regulations proposed in the version drafted by Staff. A new version of this alternative was substituted for consideration. This alternative was supported by ten Planning Commissioners. 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. 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. It is expected that City Council will defer this item. • Recommendations: City Staff deferred to the Planning Commission. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-1. • Attachment: Ordinance Recommended Action: Staff recommends deferral. Planning Commission recommends Approval. City Council Action: City Council plans to defer this item. Submitting Department/Agency: Planning Departme City Manager: L Applicant City of Virginia Beach Agenda Item Public Hearing February 14, 2018 Accessory Use—Short Term Rentals D5 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 1 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- R- 40 30 -40130 2015 10 7.5 5D 5R 5S 2.5 . . . . PPPPPP PPP P Home sharing meeting the — — — — — — — — — — requirements of section 209.6 I j Short term rental meeting the I PPPPP P PPP P requirements of section 241.2 — — — — — — — , , . . I I I I I I I I I I 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 A-12 A-18 A-24 A-36 PP P P Home sharing meeting the requirements of section 209.6 Short term rental meeting the requirements of section 241.2 P PIP P 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 1209.6 Short term rental meeting the requirements of X X XXP P P section 241.2 236 237 (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 dwellinq 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; a-1 1d 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. Use 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 P 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 II 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 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAY AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY POLICY COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE SOCIAL SERVICES BOARD STORMWATER APPEALS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************* ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *************************** 06/05/2018 jag