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07-03-2018 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR LOUIS R JONES,Bayside-District 4 .. B_ Cy VICE MAYOR JAMES L.WOOD,Lynnhaven-District 5 4? ' JESSICA P.ABBOTT,Kempsville-District 2 M.BENJAMIN DAVENPORT,At Large 6 s I ROBERT M.DYER,Centerville-District 1 U � _ J, BARBARA M HENLEY,Princess Anne—District 7 • /:. : a .. SHANNON DS KANE,Rose Hall—District 3 JOHN D.MOSS,At Large o' `_' :0+5 s JOHN E.UHRIN,Beach—District 6 *0 5" ROSEMARY WILSON,At-Large CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CIT YMANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CIT YATTORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—RONALD D.AGNOR FAX(757)385-5669 CIT YAUDITOR—LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK—AMANDA BARNES July 3,2018 MAYOR LOUIS R.JONES PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room - 2:00 PM A. CANNABIS OIL LEGISLATION and DEVELOPMENT OPPORTUNITIES Delegate Glenn R. Davis—84th District Warren Harris, Director—Economic Development B. SHORT TERM RENTAL- Discussion City Council II. CITY MANAGER'S BRIEFING A. ASHVILLE PARK COST PARTICIPATION AGREEMENT Thomas M. Leahy, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 1 VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Reverend Rachel Gilmore Pastor, The Gathering at Scott Memorial United Methodists 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 June 19, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTION 1. Resolution to DIRECT the City Manager to consider revisions to the City's Flexible Workplace Policy 2. Ordinance to AMEND City Code Section 5-303 and ADD Section 5-312 re Pet Shops/Licensing 3. Ordinance to ADD City Code Section 21-223 re authorize schools to install and operate a video- monitoring system to record violations of drivers passing a stopped school bus 4. Ordinances to APPROVE a term sheet re Ashville Park Drainage Improvements; AUTHORIZE the City Manager to EXECUTE a Cost Participation Agreement (CPA) and an Agreement of Sale and Dedication, and DIRECT staff to return a Proffer Modification Request in August (Deferred from June 19, 2108): a. CPA Proposal 1 b. CPA Proposal 2 c. CPA Proposal 3 5. Ordinance to APPROPRIATE $622,543 to the Clerk of the Circuit Court FY 2018-19 Operating Budget re technology related expenses I. PLANNING 1. HOFD ASHVILLE PARK, LLC for a Modification of Proffers of a Conditional Rezoning at the north and south sides of Ashville Park Boulevard (Approved on February 24, 2004, and Modified on May 10, 2005, and February 14, 2012) (Deferred from June 19, 2018) DISTRICT 7-PRINCESS ANNE RECOMMENDATION: STAFF-DEFERRAL PLANNING COMMISSION-APPROVAL 2. CITY OF VIRGINIA BEACH for a Special Exemption for Alternative Compliance (Build-t requirement in Oceanfront Resort District Form-Based Code) at the South of 19th Street and the Ea of North Birdneck Road, extending South to 17th Street and East to just beyond Parks Avenu (SPORTS CENTER) DISTRICT 6-BEACH RECOMMENDATION: STAFF-APPROVAL PLANNING COMMISSION-APPROVAL 3. Ordinances re Short Term Rentals (Deferred from June 5, 2018): a. AMEND Sections 102, 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the Cit Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-Base Code and ADD Sections 209.6 and 241.2 of the City Zoning Ordinance (CZO) pertaining t 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 Overla. District) to the City Zoning Ordinance (CZO) establishing regulations and requirement. pertaining to Short Term Rental c. AMEND the Official Zoning Map by the Designation and Incorporation of Property int Short Term Rental Overlay District d. AMEND Sections 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the City Zonin Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code an ADD Sections 209.6 and 241.2 of the City Zoning Ordinance (CZO) pertaining to Definitio , 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 Zonin Ordinance (CZO)and Section 5.2 of the Oceanfront Resort District Form-Based Code an ADD Sections 209.6 and 241.2 of the City Zoning Ordinance (CZO)pertaining to Definitio , Requirements and Use of Home Sharing and Short Term Rentals (Alternative 2 - Plannin 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: CITY COUNCIL PLANS TO DENY J. 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 POLICY AND MANAGEMENT TEAM 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 K. UNFINISHED BUSINESS L. NEW BUSINESS M. 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 *************************** 07/03/2018 rrw j I MAYOR LOUIS R. JONES PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room - 2:00 PM A. CANNABIS OIL LEGISLATION and DEVELOPMENT OPPORTUNITIES Delegate Glenn R. Davis— 84th District Warren Harris, Director—Economic Development B. SHORT TERM RENTAL - Discussion City Council H. •CITY MANAGER'S BRIEFING A. ASHVILLE PARK COST PARTICIPATION AGREEMENT Thomas M. Leahy, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Reverend Rachel Gilmore Pastor, The Gathering at Scott Memorial United Methodists 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 June 19, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTION 1. Resolution to DIRECT the City Manager to consider revisions to the City's Flexible Workplace Policy 2. Ordinance to AMEND City Code Section 5-303 and ADD Section 5-312 re Pet Shops/Licensing 3. Ordinance to ADD City Code Section 21-223 re authorize schools to install and operate a video- monitoring system to record violations of drivers passing a stopped school bus 4. Ordinances to APPROVE a term sheet re Ashville Park Drainage Improvements; AUTHORIZE the City Manager to EXECUTE a Cost Participation Agreement (CPA) and an Agreement of Sale and Dedication, and DIRECT staff to return a Proffer Modification Request in August (Deferred from June 19, 2108): a. CPA Proposal 1 b. CPA Proposal 2 c. CPA Proposal 3 5. Ordinance to APPROPRIATE $622,543 to the Clerk of the Circuit Court FY 2018-19 Operating Budget re technology related expenses 6 eel 1:6 Cf•, ,s. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution Directing the City Manager to Consider Revisions to the City's Flexible Workplace Policy MEETING DATE: July 3, 2018 • Background: Many City employees have family needs and responsibilities that include caring for loved ones, such as elderly parents, young children, children with special needs, or an ailing spouse. Flexible work schedules can enable employees to care for their loved ones while continuing to work, which can benefit both the employee and the City. Flexible work schedules can include compressing work days, flexible daily hours, or telecommuting. The benefits of flexible work schedules for employees include enabling employees to meet family needs, reduced commuting time and fuel costs and avoiding traffic and the stresses of commuting during rush hours, enabling employees to work when they accomplish the most, and potentially decreasing the need to pay for childcare or care providers for family members with medical needs. The potential benefits of flexible scheduling for the City as an employer include increased employee morale, reduced employee turnover, reduced absenteeism and tardiness, an improved ability to recruit outstanding employees, extending hours of customer service, and fostering an image of the City as an employer of choice with family-friendly flexible work schedules that enable employees to achieve a healthy and productive work-life balance. Flexible work schedules may not be well-suited for some City positions, so management needs the ability to determine whether to approve flexible work schedules. In 1993, the City adopted a Flexible Workplace Policy, but that policy has not been revised since its adoption. A review of the City's policy could take into consideration the City's experiences under the policy, changes in industry standards and technology (such as video conferencing and other abilities to work collaboratively from remote locations as a result of advancements in high speed Internet), and studies of the benefits and best practices in administering flexible work policies. • Considerations: This resolution directs the City Manager to study best practices in offering flexible work schedules, as well as the City's experiences under the current flexible work policy, and to consider revisions to the policy. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution Requested by Councilmember Wilson REQUESTED BY COUNCILMEMBER WILSON 1 A RESOLUTION DIRECTING THE CITY MANAGER 2 TO CONSIDER REVISIONS TO THE CITY'S 3 FLEXIBLE WORKPLACE POLICY 4 5 WHEREAS, many City employees have family needs and responsibilities that 6 include caring for loved ones, such as elderly parents, young children, children with 7 special needs, or an ailing spouse; 8 9 WHEREAS, flexible work schedules can enable such employees to care for their 10 loved ones while continuing to work, which can benefit both the employee and the City 11 as their employer; 12 13 WHEREAS, flexible work schedules can include compressing work days, flexible 14 daily hours, or telecommuting; 15 16 WHEREAS, the benefits of flexible work schedules for employees include enabling 17 employees to meet family needs, such as attending a parent-teacher conference or caring 18 for a sick family member; reduced employee commuting time and fuel costs and avoiding 19 traffic and the stresses of commuting during rush hours; enabling employees to work 20 when they accomplish the most; and potentially decreasing the need to pay for childcare 21 or care providers for family members with medical needs; 22 23 WHEREAS, the potential benefits of flexible scheduling for the City as an employer 24 include increased employee morale, reduced employee turnover, reduced absenteeism 25 and tardiness, an improved ability to recruit outstanding employees, extending hours of 26 customer service, and fostering an image of the City of Virginia Beach as an employer of 27 choice with family-friendly flexible work schedules that enable employees to achieve a 28 healthy and productive work-life balance; 29 30 WHEREAS, flexible work schedules may not be well-suited for some City 31 positions, depending on the employee's job duties, so management needs to retain the 32 ability to determine whether to approve flexible work schedules; 33 34 WHEREAS, in 1993, the City, through its Human Resources Department, adopted 35 a Flexible Workplace Policy, but that policy has not been revised in the twenty-five years 36 since its initial adoption; and 37 38 WHEREAS, the City and its employees could benefit from a fresh look at the City's 39 Flexible Workplace Policy that would take into consideration the City's experiences under 40 the current policy, changes in industry standards and technology (such as video 41 conferencing and other abilities to work collaboratively from remote locations as a result 42 of advancements in high speed Internet), and studies of the benefits and best practices 43 in administering flexible work policies; 44 45 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA. THAT: 47 48 The City Council directs the City Manager to study best practices in offering and 49 administering flexible work schedules, as well as the City's experiences under the current 50 policy, and to consider revisions to the City's Flexible Workplace Policy. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14475 R-1 June 22, 2018 H id' �" CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Amend Section 5-303 and Add Section 5-312 to the City Code Pertaining to Pet Shops MEETING DATE: July 3, 2018 ■ Background: This ordinance will amend Section 5-303 of the City Code to impose an annual license tax on pet shops operating within the city in the amount of $50. The ordinance also adds Section 5-312 to the City Code, making it unlawful and a Class 3 misdemeanor for any person to operate a pet shop in the city without a valid license. It also sets forth the process and conditions upon which such licenses shall be obtained and granted, to include inspections of the pet shop's premises by the Police Department's Animal Enforcement Unit and verification that the pet shops are operating in compliance with all state and local laws regarding pet shops and the treatment of animals. • Considerations: This ordinance will allow the City through its Police Department to ensure that local pet shops are in compliance with all state and local laws and provide more effective enforcement mechanisms for that purpose. All revenue derived from the license tax shall be used to the administration and enforcement of Section 5-312. This ordinance provides a right of appeal to the City Manager or designee in the event a license is revoked or denied by the Police Department. This ordinance was presented to the Animal Control Advisory Board at their meeting on June 6. The Board provided positive feedback and agreed that this ordinance will address an important issue in the community. In order to provide pet shops with adequate to time comply with the terms of this new ordinance, the ordinance's effective date is January 1, 2019. • Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance Requested by Councilmember Davenport 1 Requested by Councilmember Davenport 1 AN ORDINANCE TO AMEND SECTION 5-303 AND ADD 2 SECTION 5-312 TO THE CITY CODE PERTAINING TO PET 3 SHOPS 4 5 SECTION AMENDED: § 5-303 6 SECTION ADDED: § 5-312 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 5-303 of the Code of the City of Virginia Beach, Virginia is hereby 12 amended and Section 5-312 is hereby added and ordained to read as follows: 13 14 Sec. 5-303. - Tax imposed. 15 (a) A license tax is hereby imposed on dogs and cats required to be licensed under this 16 article in the following nonrefundable amounts: 17 (1) For each dog or cat, not spayed or not neutered: 18 1-year tag $10.00 19 2-year tag $20.00 20 3-year tag $30.00 21 (2) For each dog, spayed or neutered: 22 1-year tag $7.00 23 2-year tag $14.00 24 3-year tag $21.00 25 (3) For each cat, spayed or neutered: 26 1-year tag $5.00; 27 2-year tag $10.00 28 3-year tag $15.00 29 (4) Kennel of five (5)to twenty (20) dogs, or five (5)to twenty(20) cats, annually: 30 $35.00 31 (5) Kennel of twenty-one (21) or more dogs, or of twenty-one (21) or more cats, 32 annually: $50.00 33 Pursuant to Code of Virginia § 3.2-6500, a "kennel" is any establishment in which five or 34 more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, 35 training, renting, buying, boarding, selling, or showing. The owner of a kennel or cattery 36 shall pay the kennel or cattery tax imposed above but shall not be required to also pay 37 the individual dog or cat license fees listed in subsections (1) and (2) for any dog or cat 38 that is owned by the owner of the kennel or cattery and that is housed within the kennel 39 or cattery. 40 (b) A license tax in the nonrefundable amount of $50 is hereby imposed on pet shops, 41 annually. 42 Pursuant to Code of Virginia § 3.2-6500, a "pet shop" is a retail establishment where 43 companion animals are bought, sold, exchanged, or offered for sale or exchange to 44 the general public. 45 46 (c) A quarterly prorated license tax shall be imposed on any dog or cat owner when he 47 or she moves to Virginia Beach or purchases, adopts, or otherwise acquires a dog or 48 cat that has a current rabies vaccination. This prorated fee may only be imposed by 49 the staff at the office of the city treasurer, and no prorated fee may be offered by 50 appointed agents authorized by section 5-302. The prorated fee shall be based on 51 date of residence or date of purchase as compared to the date of rabies expiration. 52 Verification of these dates must be provided at time of licensing. Quarterly prorated 53 license fee shall be determined based upon the amount of time remaining before the 54 rabies vaccination expires. The quarterly prorated fee shall be as follows: 55 (1) Twenty-five (25) percent of the annual fee if at least one (1) month, but less than 56 four (4) months, remain before expiration of the vaccination. 57 (2) Fifty (50) percent of the annual fee if at least four(4) months, but less than seven 58 (7) months, remain before expiration of the vaccination. 59 (3) Seventy-five (75) percent of the annual fee if at least seven (7) months, but less 60 than ten (10) months, remain before expiration of the vaccination. 61 (4) One hundred (100) percent of the annual fee if at least ten (10) months remain 62 before expiration of vaccination. 63 (c)(d) A quarterly prorated license fee shall be imposed on any dog or cat owner having 64 a valid rabies certificate issued between January 3, 2005 and September 30, 2007. 65 The prorated fee shall be based on the time remaining on January 1, 2008 and the 66 expiration of the rabies certificate. Quarterly prorated fees shall be imposed only on 67 portions of years, and shall be imposed as follows: 68 (1) Twenty-five (25) percent of the annual fee if at least one month, but less than four 69 (4) months, remain before expiration of the vaccination. 70 (2) Fifty (50) percent of the annual fee if at least four(4) months, but less than seven 71 months, remain before expiration of the vaccination. 72 (3) Seventy-five (75) percent of the annual fee if at least seven (7) months, but less 73 than ten (10) months, remain before expiration of the vaccination. 74 (4) One hundred (100) percent of the annual fee if at least ten (10) months remain 75 before expiration of vaccination. 76 (d)(e) No license tax shall be levied under this section on any dog that is trained and 77 serves as a guide dog for a blind person, that is trained and serves as a hearing dog 78 for a deaf or hearing-impaired person, or that is trained and serves as a service dog 79 for a mobility-impaired person. For the purposes of this subsection, a "hearing dog" 80 is a dog trained to alert its owner, by touch, to sounds of danger and sounds to which 81 the owner should respond, and a "service dog" means a dog trained to accompany 82 its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or 83 other such activities of service or support. 84 (e)(fl Any person who applies for a license tag for a neutered or spayed dog or cat shall 85 present, at the time of application, an appropriate veterinarian's certification suitable 86 to the city treasurer attesting to the neutering or spaying of the dog or cat. If such 87 certification is not so presented, the dog or cat shall be taxed the fee levied on 88 unneutered and unspayed dogs or cats. 89 . . . . 90 Sec. 5-311. — Pet shops; posting of information about dogs. 91 92 (a) Any pet shop, as the term is defined in Virginia Code § 3.2-6500, that sells dogs 93 shall place a clear and conspicuous sign near the cages in the public sales area 94 stating "USDA APHIS Inspection Reports Available Prior to Purchase." The sign 95 shall be no smaller than 8 and one-half inches high by 11 inches wide, and the print 96 shall be no smaller than one-half inch. 97 98 (b) Any pet shop that sells dogs shall maintain for each dog in its possession a written 99 record that includes the following information: 100 (1) The breed, age, and date of birth of the dog, if known; 101 (2) The sex, color, and any identifying marks of the dog; 102 (3) Any additional identifying information, including a tag, tattoo, collar number, or 103 microchip; 104 (4) Documentation of all inoculations, worming treatments, and other medical 105 treatments, if known, including the date of the medical treatment, the diagnosis, 106 and the name and title of the treatment provider; 107 (5) For a dog obtained from a breeder or dealer: (i) the state in which the breeder, 108 and if applicable, the dealer are located; (ii) the U.S. Department of Agriculture 109 license number of the breeder and, if applicable; (iii) the dealer; the final 110 inspection reports for the breeder and, if applicable, the dealer, issued by the 111 U.S. Department of Agriculture from the two years immediately before the date 112 the pet store received the dog; and (iv) the facility where the dog was born and 113 the transporter or carrier of the dog, if any; 114 (6) For a dog obtained from a public animal shelter, the name of the shelter; and 115 (7) For a dog obtained from a private animal shelter or humane society, the name 116 of the shelter or organization and the locality in which it is located. 117 (c) Any pet shop that sells dogs shall maintain a copy of the written record required by 118 subsection (b) for at least two years after the date of sale of the dog and shall make 119 such record available to the Office of the State Veterinarian upon reasonable notice, 120 to any bona fide prospective purchaser upon request, and to the purchaser at the 121 time of sale. Any such pet shop shall transmit the information required by 122 subdivisions (b) (5), (6), and (7) to the local animal control officer upon request. 123 124 Sec. 5-312. — Pet shop licensing. 125 126 (a) It shall be unlawful for any person to operate a pet shop, as the term is defined in 127 Virginia Code § 3.2-6500, in this city without a valid license issued under this article. Such 128 license shall not be transferable and shall expire at the end of each calendar year, unless 129 otherwise revoked. The revenues derived from the license tax shall be used for the 130 administration and enforcement of this section. 131 (b) Prior to issuing or renewing a license for a pet shop, the Police Department shall: 132 (1) Inspect the premises to determine compliance with this article, standards 133 applicable to pet shops in the Virginia Code, and all other state and local laws, 134 and consult with the zoning administrator to determine whether the location is 135 the subject of any current zoning violations; 136 (2) Determine that the applicant has a valid sales tax permit and is in good 137 standing with the Virginia Department of Taxation; 138 (3) Confirm that the applicant has never been convicted of a violation related to 139 the treatment of animals under any state or local law. 140 (c) A public hearing shall be held prior to the issuance of a license for new pet shops going 141 into business after the enactment of this section and also prior to the revocation or 142 denial of the renewal of a license. The applicant and any other interested person shall 143 be given an opportunity to appear and be heard at any such hearing. 144 (d) Pet shops shall be inspected annually by the Police Department's Animal 145 Enforcement Unit to ensure compliance with this article, standards applicable to 146 pet shops in the Virginia Code, and all other state and local laws, and to ensure 147 the humane treatment of the animals. Pet shops selling dogs, which are required 148 by law to make inspection reports from the United States Department of Agriculture 149 (USDA) available for consumers and animal control officers, shall be inspected bi- 150 annually by the Bureau of Animal Control. 151 (e) Pet shops selling dogs shall comply with the provisions of Section 5-311 as a 152 condition of licensing. 153 in The Police Department shall deny issuance of a license to a pet shop for fraudulent 154 practices or the inhumane treatment of animals, including but not limited to: 155 (1) Providing false or misleading statements on the license application; or 156 (2) Violating any state or local laws or ordinances related to the inhumane 157 treatment of animals. 158 (g) The Police Department shall deny renewal of, or revoke, a license to a pet shop 159 for fraudulent practices or the inhumane treatment of animals, including but not limited 160 to: 161 (1) Failing to comply with the recordkeeping and disclosure requirements in 162 subsection (e) of this section; 163 (2) Providing false or misleading statements about the source of companion 164 animals acquired or sold by the pet shop or dealer; 165 (3) Providing false or misleading information to the public related to the companion 166 animals being sold by the pet shop; 167 (4) Selling dogs in violation of Va. Code Ann. § 3.2-6511.1; or 168 (5) Violating standards applicable to pet shops under the Virginia Code, or other 169 laws or ordinances related to the treatment of animals. 170 (h) A pet shop licensed under this section may request a hearing with the City 171 Manager or designee in the event a license is revoked or license renewal is denied. 172 (i) It shall be a Class 3 misdemeanor for any person to operate a pet shop without a 173 permit as required by this section. 174 175 176 177 178 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 179 day of , 2018. This ordinance goes into effect January 1, 2019. APPROVED AS TO LEGAL SUFFICIENCY: Elizabeth Bradley DeJarnette City Attorney's Office CA14473 R-6 June 25, 2018 I -c i -x JS� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 21-223 to the City Code Authorizing Schools to Install and Operate a Video-Monitoring System to Record Violations of Drivers Passing a Stopped School Bus MEETING DATE: July 3, 2018 • Background: Virginia Code § 46.2-844 permits localities to authorize their local school divisions to install and operate a video-monitoring system in or on school buses operated by the division or to contract with a private vendor to do so on their behalf. The purpose of the video-monitoring system would be to record violations of Virginia Code Section 46.2-844(A) for passing a school bus when the bus's "stop" bar or signal is out. The School Board of the City of Virginia Beach has expressed a desire to obtain a video-monitoring system for this purpose. This ordinance would enable them to install and operate a video-monitoring system or to contract with a private vendor to do so on their behalf. Violations of Virginia Code Section 46.2-844(A) discovered via the video-monitoring system would be reviewed and enforced by the Police Department. The ordinance also establishes that a driver found in violation of that section based upon the video- monitoring evidence shall be liable for a civil penalty of $250. • Considerations: This ordinance would require that information collected by any video-monitoring system installed in or on school buses for this purpose would be limited exclusively to that information that is necessary for the enforcement of violations of passing a stopped school bus and that, notwithstanding any other provision of law, the images, video, or other personal information collected would be used exclusively for that purpose. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval h- Submitting Department/Agency: School Board of the City of Virginia Beach and Police's (. -- , _, , City Manager: `N J ' 1 AN ORDINANCE TO ADD SECTION 21-223 2 TO THE CITY CODE AUTHORIZING THE 3 SCHOOL BOARD TO INSTALL AND 4 OPERATE A VIDEO-MONITORING SYSTEM 5 TO RECORD VIOLATIONS OF DRIVERS 6 PASSING A STOPPED SCHOOL BUS 7 8 SECTION ADDED: § 21-223 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 21-223 is hereby added to the Code of the City of Virginia Beach, 14 Virginia, and ordained to read as follows: 15 16 17 Sec 21-223. — Video-monitorinq systems in or on school buses. 18 19 (Di The School Board of the City of Virginia Beach dba Virginia Beach City Public 20 Schools is hereby authorized to install and operate a video-monitoring system in 21 or on the school buses operated by the School Board or to contract with a private 22 vendor to do so on behalf of the School Board for the purpose of recording 23 violations of the Code of Virginia § 46.2-844(a). 24 25 02) For purposes of this section, "video-monitoring system" means a system with one 26 or more camera sensors and computers installed and operated on a school bus 27 that produces live digital and recorded video of motor vehicles being operated in 28 violation of Code of Virginia § 46.2-859. 29 30 Lcj All video-monitoring systems installed on public school buses shall, at a 31 minimum, produce a recorded image of the license plate and shall record the 32 activation status of at least one warning device as prescribed in Code of Virginia 33 § 46.2-1090 and the time, date, and location of the vehicle when the image is 34 recorded. 35 36 fLU The driver of a motor vehicle found to be in violation of Code of Virginia § 46.2- 37 859, based upon evidence obtained from a video-monitoring system, shall be 38 liable for a civil penalty of $250 imposed in accordance with this section if such 39 vehicle is found, as evidenced by information obtained from a video-monitoring 40 system in or on a school bus, to have violated Code of Virginia § 46.2-859 within 41 the city. Any person found liable under this ordinance may contest the summons 42 as provided by Code of Virginia § 46.2-844 (A). 43 44 ) Information collected by a video-monitoring system installed and operated 45 pursuant to this section shall be limited exclusively to that information that is 46 necessary for the enforcement of violation of Code of Virginia § 46.2-859. 47 Notwithstanding any other provision of law, all images or video or other personal 48 information recorded by such video-monitoring systems shall be used exclusively 49 for that purpose. 50 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT 7:1 cl)11 111 . � Police Department Virginia Beach City Public Schools APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA14459 R-2 June 13, 2018 c „t„....,...,„,,,,, fr- --t 4 „ ..._ 4' :, -.. jt CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: OPTION 1: An Ordinance to Approve a Term Sheet, Titled "CPA Proposal 1," for Ashville Park Drainage Improvements, to Authorize the City Manager to Execute a Cost Participation Agreement and an Agreement of Sale and Dedication, and to Direct Staff to Make Appropriate Posting to Allow Action by the Council in August upon a Proffer Modification Request OPTION 2: An Ordinance to Approve the Term Sheet, Titled "CPA Proposal 2," for Ashville Park Drainage Improvements, to Authorize the City Manager to Execute a Cost Participation Agreement and an Agreement of Sale and Dedication, and to Direct Staff to Make Appropriate Posting to Allow Action by the Council in August upon a Proffer Modification Request OPTION 3: An Ordinance to Approve the Term Sheet, Titled "CPA Proposal 3," for Ashville Park Drainage Improvements, to Authorize the City Manager to Execute a Cost Participation Agreement and an Agreement of Sale and Dedication, and to Direct Staff to Make Appropriate Posting to Allow Action by the Council in August upon a Proffer Modification Request MEETING DATE: July 3, 2018 • Background: Ashville Park is a subdivision in the southern portion of the City. During intense rainfall events and windblown tidal events, Ashville Park experiences recurrent flooding. This flooding has been most acutely felt during three specific events: Tropical Storm Hermine, September 1 , 2016; Tropical Storm Julia, September 19, 2016; and Hurricane Matthew, October 2016. During these events, roadway flooding made neighborhood roads impassable. For several days, residents could neither enter nor leave the neighborhood. In the FY18 CIP, the City established CIP 7-047, "Ashville Park Drainage Improvements." In the most recent CIP process, the description of 7-047 was modified to clearly provide that the scope of the proposed improvements is what had been briefed to the City Council as Phase I. Phase I should provide immediate, near-term flooding relief to the 299 families in the existing Villages A and B. The design of Phase I would allow the Developer to proceed with a proposed Village C, but it does not include all of the improvements necessary for the proposed Villages D and E. The work required for Phase I is estimated to cost $11 ,122,796, based upon the design and estimating work of the Department of Public Works. The City has undertaken negotiations with the developer of Ashville Park to develop a cost share for the proposed improvements. As a result of those negotiations, the City and the developer agreed to apportion the costs based upon the units in Villages A and B (72% of the total units) and the units in Village C (28% of the total units if the developer's tally includes 116 units). Additionally, the City has agreed to purchase a 5.49 acre BMP 10A for an agreed-upon cost of $363,500. The City believes there is value to acquiring this BMP in the form of water quality credits estimated to be worth $2,144,868. This cost share agreement forms the basis of what is referred to as Cost Participation Agreement Proposal 1. After Council's deferral to July 3rd, the Staff undertook additional discussion with the developer, and those discussions have resulted in receiving two additional cost participation alternatives from the developer, CPA Proposal 2 and CPA Proposal 3. Both Proposal 2 and Proposal 3 eliminate the developer's cost share portion for the construction of Phase I improvements. The Council's acceptance of Proposal 2 or Proposal 3 is accompanied with the developer's voluntary offering of modifications to its proffers. Proposal 2's modification to proffers retains the existing approved density in Village C, 98 units, while reducing the total approved units in Ashville Park from 4941 to 481. Proposal 3's modification will increase the density in Village C to 116 units while removing all units from Village D; thereby Proposal 3 reduces the total approved units from 4941 to 455. The deal terms for Cost Participation Agreement Proposal 2 are as follows: The City will be financially responsible for all of the $11 .1 million in work, and the City will benefit from 90% of any cost savings resulting from favorable bids. The developer will convey to the City the interests in real property necessary to complete the work, and the City will take title to the 5.49 acre BMP 10A, which will allow it to acquire the water quality credits estimated to be worth $2,144,868. The deal terms for Cost Participation Agreement Proposal 3 are as follows: The City will be financially responsible for all of the $11.1 million in work, and the City will benefit from 90% of any cost savings resulting from favorable bids. The developer will convey to the City the interests in real property necessary to complete the work, and the City will take title to the 5.49 acre BMP 10A, which will allow it to acquire the water quality credits estimated to be worth $2,144,868. ■ Considerations: Each of the three options include three related items. First is a cost participation agreement. Second is an Agreement of Sale and Dedication. Third relates to the modification of proffers in the separate zoning item. For the construction of the storm water improvements, the City Manager would be authorized to execute a Cost Participation Agreement or CPA with the Developer. The CPA will allow the commencement of construction for the various items included in the scope for Phase I. Additionally, the City Manager would be authorized to execute an Agreement of Sale and Dedication. This Agreement will allow the acquisition of easements and property interests required for the City to complete the work that is the City's responsibility, which also sets forth the terms for closing on the acquisition of BMP 10A. It is anticipated that the zoning item will be deferred to allow the developer to present to the City the appropriate voluntary proffers consistent with the cost participation option chosen by City Council. The City Staff would be directed to ensure appropriate posting of 1 Although 499 lots were approved, 169 of those approved lots were in Village B, but only 164 were built. The practical effect of the build-out of Village B is that the maximum number of buildable lots under the approved plan for Ashville Park is 494. the proffers made by the developer to allow the Council to act at its first voting meeting in August. • Public Information: Public information will be provided through the normal Council agenda process. This item was previously on the Agenda for the June 25, 2018 Formal Session wherein the Council received public comments. • Attachments: Ordinance (Three Options); Exhibit A-1: Summary of Terms for CPA Proposal 1; Exhibit A-2: Summary of Terms for CPA Proposal 2; Exhibit A-3: Summary of Terms for CPA Proposal 3; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager: eir1 OPTION 1 — CPA PROPOSAL 1 1 AN ORDINANCE TO APPROVE A TERM SHEET, TITLED 2 "CPA PROPOSAL 1," FOR ASHVILLE PARK DRAINAGE 3 IMPROVEMENTS, TO AUTHORIZE THE CITY MANAGER 4 TO EXECUTE A COST PARTICIPATION AGREEMENT 5 AND AN AGREEMENT OF SALE AND DEDICATION, AND 6 TO DIRECT STAFF TO MAKE APPROPRIATE POSTING 7 TO ALLOW ACTION BY COUNCIL IN AUGUST UPON A 8 PROFFER MODIFICATION REQUEST 9 10 WHEREAS, the Ashville Park neighborhood has experienced repeated flooding 11 during rain events; and 12 13 WHEREAS, the developer, HOFD Ashville Park, LLC, has agreed to share costs 14 and work responsibilities for the Phase 1 Stormwater Improvements in the Ashville Park 15 neighborhood; and 16 17 WHEREAS, the City staff believes the proposed term sheet, described in 18 summary in the attached Exhibit A, attached hereto as Exhibit A-1, balances the 19 equities for the required Phase 1 Stormwater Improvements between the City and 20 HOFD Ashville Park, LLC. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA, THAT: 24 25 1 . The City Council hereby approves the proposed term sheet between the City and 26 HOFD Ashville Park, LLC for Phase 1 Stormwater Improvements set forth in 27 Exhibit A-1 : CPA Proposal 1, which is incorporated herein, subject to the 28 following enactments. 29 30 2. The City Manager is authorized to execute a Cost Participation Agreement and 31 an Agreement of Sale and Dedication provided such agreements have been 32 reviewed for legal sufficiency by the Office of the City Attorney and the financial 33 commitments are consistent with the Adopted FY19 Capital Improvement 34 Program. 35 36 3. The City Manager is directed to work with staff to ensure the appropriate posting 37 of the proffers made by the developer to allow the Council to act upon such 38 request at its first voting meeting in August. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL < IENC:Y: J � Departm nt of Public Works amity torney's Office CA14456/ R-2 OPTION 1 /June 27, 2018 EXHIBIT A-1 CPA PROPOSAL 1 Ashville Park Stormwater Project—Phase 1 Summary of Material Terms Parties: City of Virginia Beach("City") HOFD Ashville Park, LLC ("Developer") Ashville Park Homeowners Association, Inc. —Party only to certain easements related to drainage, impoundment,maintenance, and access Purpose: City and Developer Division of Costs and Responsibility for Phase I Material Terms: Total Cost of Improvements: $11,122,796 Division of Responsibility for Work Items: City: Preliminary Engineering and 30% Design; Flanagan's Lane Pump Station; BMP 14 Weir; Sandbridge Road/New Bridge Road Intersection Improvements; Princess Anne Farm Ditch Developer: BMP #2A; BMP #6 Expansion; BMP #10A; BMP #16; Channel #10A; Channel #15; Historic Farm Ditch; Ranier Village Emergency Ingress/Egress Cost Share split percentage: City(72%)/Developer(28%) Cost Share split dollars: City$8,008,413 /Developer$3,114,383. Developer to retain first $1,000,000 of costs savings if the resulting bid is lower than the estimated cost. Any additionally savings are shared 50/50. City to purchase BMP 10A (5.490 acre) for $363,500 ($1.52 per sq. foot). City to retain the rights to any water quality credits. Developer to transfer various rights of entry, property, and easements to City to allow City to complete its work items. Ashville Park Homeowners to provide easements for stormwater purposes OPTION 2 - CPA PROPOSAL 2 1 AN ORDINANCE TO APPROVE A TERM SHEET, TITLED 2 "CPA PROPOSAL 2," FOR ASHVILLE PARK DRAINAGE 3 IMPROVEMENTS, TO AUTHORIZE THE CITY MANAGER 4 TO EXECUTE A COST PARTICIPATION AGREEMENT 5 AND AN AGREEMENT OF SALE AND DEDICATION, AND 6 TO DIRECT STAFF TO MAKE APPROPRIATE POSTING 7 TO ALLOW ACTION BY THE COUNCIL IN AUGUST UPON 8 A PROFFER MODIFICATION REQUEST 9 10 WHEREAS, the Ashville Park neighborhood has experienced repeated flooding 11 during rain events; and 12 13 WHEREAS, the developer, HOFD Ashville Park, LLC, has agreed to share costs 14 and work responsibilities for the Phase 1 Stormwater Improvements in the Ashville Park 15 neighborhood; and 16 17 WHEREAS, the City staff believes the proposed term sheet, described in 18 summary in the attached Exhibit A-2, attached hereto as Exhibit A-2: CPA PROPOSAL 19 2, balances the equities for the required Phase 1 Stormwater Improvements between 20 the City and HOFD Ashville Park, LLC. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA, THAT: 24 25 1 . The City Council hereby approves the proposed term sheet between the City and 26 HOFD Ashville Park, LLC for Phase 1 Stormwater Improvements set forth in 27 Exhibit A-2: CPA PROPOSAL 2, which is incorporated herein, subject to the 28 following enactments. 29 30 2. The City Manager is authorized to execute a Cost Participation Agreement and 31 an Agreement of Sale and Dedication provided such agreements have been 32 reviewed for legal sufficiency by the Office of the City Attorney and the financial 33 commitments are consistent with the Adopted FY19 Capital Improvement 34 Program. 35 36 3. The City Manager is directed to work with staff to ensure the appropriate posting 37 of the proffers made by the developer to allow the Council to act upon such 38 request at its first voting meeting in August. 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: V4/\101)1P- Department of Public Works C. y Attorney's Office CA14456/ R-OPTION 2/ June 27, 2018 EXHIBIT A-2 CPA PROPOSAL 2 Ashville Park Stormwater Project—Phase 1 Summary of Material Terms Parties: City of Virginia Beach ("City") HOFD Ashville Park, LLC ("Developer") Ashville Park Homeowners Association, Inc. —Party only to certain easements related to drainage, impoundment, maintenance, and access Purpose: City and Developer Division of Costs and Responsibility for Phase I Material Terms: Total Cost of Improvements: $11,122,796 Division of Responsibility for Work Items: City: Preliminary Engineering and 30% Design; Flanagan's Lane Pump Station; BMP 14 Weir; Sandbridge Road/New Bridge Road Intersection Improvements; Princess Anne Farm Ditch Developer: BMP #2A; BMP #6 Expansion; BMP #10A; BMP #16; Channel #10A; Channel #15; Historic Farm Ditch; Ranier Village Emergency Ingress/Egress Cost Share split percentage: City 100% (excludes right of way) Cost Share split dollars: City$11,122,796. City to retain 90% of costs savings if the resulting bid is lower than the estimated cost. City to purchase BMP 10A (5.490 acre) for$0. City to retain the rights to any water quality credits. Developer to transfer various rights of entry, property, and easements to City to allow City to complete its work items. Ashville Park Homeowners to provide easements for stormwater purposes Developer to provide to City any modifications to proffers to allow the City Council to vote upon such request at its first voting meeting in August. OPTION 3 — CPA PROPOSAL 3 1 AN ORDINANCE TO APPROVE A TERM SHEET, TITLED 2 "CPA PROPOSAL 3," FOR ASHVILLE PARK DRAINAGE 3 IMPROVEMENTS, TO AUTHORIZE THE CITY MANAGER 4 TO EXECUTE A COST PARTICIPATION AGREEMENT 5 AND AN AGREEMENT OF SALE AND DEDICATION, AND 6 TO DIRECT STAFF TO MAKE APPROPRIATE POSTING 7 TO ALLOW ACTION BY THE COUNCIL IN AUGUST UPON 8 A PROFFER MODIFICATION REQUEST 9 10 WHEREAS, the Ashville Park neighborhood has experienced repeated flooding 11 during rain events; and 12 13 WHEREAS, the developer, HOFD Ashville Park, LLC, has agreed to share costs 14 and work responsibilities for the Phase 1 Stormwater Improvements in the Ashville Park 15 neighborhood; and 16 17 WHEREAS, the City staff believes the proposed term sheet, described in 18 summary in the attached Exhibit A-3, attached hereto as Exhibit A-3: CPA PROPOSAL 19 3, balances the equities for the required Phase 1 Stormwater Improvements between 20 the City and HOFD Ashville Park, LLC. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA, THAT: 24 25 1. The City Council hereby approves the proposed term sheet between the City and 26 HOFD Ashville Park, LLC for Phase 1 Stormwater Improvements set forth in 27 Exhibit A-3: CPA PROPOSAL 3, which is incorporated herein, subject to the 28 following enactments. 29 30 2. The City Manager is authorized to execute a Cost Participation Agreement and 31 an Agreement of Sale and Dedication provided such agreements have been 32 reviewed for legal sufficiency by the Office of the City Attorney and the financial 33 commitments are consistent with the Adopted FY19 Capital Improvement 34 Program. 35 36 3. The City Manager is directed to work with staff to ensure the appropriate posting 37 of the proffers made by the developer to allow the Council to act upon such 38 request at its first voting meeting in August. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF CIENCY: /(P/ 1/tilfi Department of Public Works City Attorney's Office CA14456/ R-OPTION 3/June 27, 2018 EXHIBIT A-3 CPA PROPOSAL 3 Ashville Park Stormwater Project—Phase 1 Summary of Material Terms Parties: City of Virginia Beach ("City") HOFD Ashville Park, LLC ("Developer") Ashville Park Homeowners Association, Inc. —Party only to certain easements related to drainage, impoundment, maintenance, and access Purpose: City and Developer Division of Costs and Responsibility for Phase I Material Terms: Total Cost of Improvements: $11,122,796 Division of Responsibility for Work Items: City: Preliminary Engineering and 30% Design; Flanagan's Lane Pump Station; BMP 14 Weir; Sandbridge Road/New Bridge Road Intersection Improvements; Princess Anne Farm Ditch Developer: BMP #2A; BMP #6 Expansion; BMP #10A; BMP #16; Channel #10A; Channel #15; Historic Farm Ditch; Ranier Village Emergency Ingress/Egress Cost Share split percentage: City 100% (excludes right of way) Cost Share split dollars: City$11,122,796. City to retain 90% of costs savings if the resulting bid is lower than the estimated cost. City to purchase BMP 10A (5.490 acre) for$0. City to retain the rights to any water quality credits. Developer to transfer various rights of entry, property, and easements to City to allow City to complete its work items. Ashville Park Homeowners to provide easements for stormwater purposes Developer to provide to City any modifications to proffers to allow the City Council to vote upon such request at its first voting meeting in August. •r\ M I, 2 $ tsi N 4 ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $622,543 to the Clerk of the Circuit Court's FY 2018-19 Operating Budget for Technology Related Expenses MEETING DATE: July 3, 2018 • Background: The Code of Virginia (§ 17.1-279) establishes a $5 Technology Trust Fund Fee imposed on instruments recorded in the deed book. Four dollars of every $5 fee accumulates in a Technology Trust Fund to implement automation plans to modernize land records and update other office automation and information technology equipment. In the past, this money was awarded to the Clerk's Office through their State budget, so the City was not responsible for appropriating this funding. The State Compensation Board now requires the City to appropriate the funding before it can be used. The Clerk's Office is requesting an appropriation of $622,543 from the fund balance of the Technology Trust Fund. This funding will support their vendor for annual software maintenance for Granicus, (Land Records system), CCMS (case management software), CIS (case imaging software), and VDS (video docketing software) with the Supreme Court of Virginia with additional hardware and servers as needed. • Considerations: This appropriation will not require any additional funding from the City. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Departm: - • :gency: Clerk of the Circuit Court City Manager 1 AN ORDINANCE TO APPROPRIATE $622,543 TO THE 2 CLERK OF THE CIRCUIT COURT'S FY 2018-19 3 OPERATING BUDGET FOR TECHNOLOGY RELATED 4 EXPENSES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 $622,543 is hereby appropriated, with revenues increased accordingly, from the 10 fund balance of the Technology Trust Fund to the FY 2018-19 Operating Budget of the 11 Clerk of the Circuit Court to support technological related needs and upgrades. 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: C r"4 Budget and Management Services City Attorney's Office CA14471 R-1 June 19, 2018 I. PLANNING 1. HOFD ASHVILLE PARK, LLC for a Modification of Proffers of a Conditional Rezoning at th- north and south sides of Ashville Park Boulevard (Approved on February 24, 2004, and Modified o May 10, 2005, and February 14, 2012) (Deferred from June 19, 2018) DISTRICT 7-PRINCESS ANNE RECOMMENDATION: STAFF-DEFERRAL PLANNING COMMISSION-APPROVAL 2. CITY OF VIRGINIA BEACH for a Special Exemption for Alternative Compliance (Build-t. requirement in Oceanfront Resort District Form-Based Code) at the South of 19th Street and the Eat of North Birdneck Road, extending South to 17th Street and East to just beyond Parks Avenu- (SPORTS CENTER) DISTRICT 6-BEACH RECOMMENDATION: STAFF- APPROVAL PLANNING COMMISSION-APPROVAL 3. Ordinances re Short Term Rentals (Deferred from June 5, 2018): a. AMEND Sections 102, 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the Ci , Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-Bases Code and ADD Sections 209.6 and 241.2 of the City Zoning Ordinance (CZO) pertaining t. 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 Overla, District) to the City Zoning Ordinance (CZO) establishing regulations and requiremen is pertaining to Short Term Rental c. AMEND the Official Zoning Map by the Designation and Incorporation of Property int. Short Term Rental Overlay District d. AMEND Sections 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the City Zonin: Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code an. ADD Sections 209.6 and 241.2 of the City Zoning Ordinance (CZO) pertaining to Definitio , 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: CITY COUNCIL PLANS TO DENY tKu e''Ee ii tdd'.6'''6 ' Ja 6Ed 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,July 3,2018 at 6:00 p.m., at which time the following applications will be heard: City of Virginia Beach [Applicant/Owner]Alternative Compliance South of 19th Street& East of N.Birdneck Road,extending south to 17th Street&east to just beyond Parks Avenue (GPINS 2417661204, 2417760211,2417763377, 2417769535,2417866932) COUNCIL DISTRICT-BEACH 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:htto://www.vbgov.com/oC. 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:June 17&24,2018-1 TIME EACH `i E F � t Qi ft pd i I P yy :" y 4 'Y!g may, i 4 i i ■ _ .. EEE 41 -,...400: . 11, , kao , .. i p • ". '41 �? ' o t in 411 r ' NI I 1-' -.- . ate" 4:11111\N% ..e . f ... ‘:,,,,',., I, i 'Si k NNW IP ..0. - ..1,,, ,,,...4,..._ i a --cc. 6 - 0 41‘440,4sNio" i r - 1,1 -.. izi 00 — Ai- \ e'; '" AC 1* * 8 1 ti 4,74` tr,-/ °: iNgo. , ,, fit 1 4- - i ii.„.° ...,,. v.,- . s'I NvIN 4\14411\ it iisik 4 iir , 1 taiNIIi t -N. \N. 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Property is located on the north and south sides of Ashville Park Boulevard (GPINs 2413473302, 2413476457, 2413558602). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: July 3, 2017 • Background: The City Council deferred this request at the June 19, 2018 public hearing following public comment. The original Conditional Change of Zoning establishing the PD- H2 Planned Unit Development District(R-30 & P-1)for Ashville Park was approved by the City Council on February 24, 2004. A second Conditional Change of Zoning followed in 2005, and then a Modification of Proffers in 2012. On April 21 , 2015, the City Council deferred the application of HOFD Ashville Park, LLC to May 19, 2015, and subsequently deferred the request indefinitely. Attached is a table that depicts the acreage and unit counts for each applicant that has been submitted for the Ashville neighborhood. The applicant is now requesting a Modification of Proffers for the purpose of revising the layouts of the three remaining villages, Villages C, D and E, which have not yet been subdivided. The principal reasons for the changes to the layouts include reducing the size of the development's footprint, shifting lots to higher and better drained soils, avoiding wetlands that have emerged as a result of uncompleted site grading by the previous developer, providing lot configurations that reflect the applicant's development and design principles, as well as existing housing market trends, and providing opportunities to increase the stormwater capacity of the stormwater management ponds. With the proposed modifications, the depicted open space areas will accommodate larger stormwater management ponds. City Staff have been working with the applicant for three years to study and identify how best to resolve significant drainage issues within the neighborhood that the applicant inherited when the property was purchased. This request has been coupled with a proposal that the City of Virginia Beach and the applicant enter into a cost participation agreement for constructing the Phase I public stormwater drainage improvements throughout Ashville Park. It should be noted that construction plans for future Villages D and E will not be approved until Phase II drainage improvements are identified and funded, improvements which are not part of this cost participation agreement. HOFD ASHVILLE PARK, LLC Page 2 of 3 • Considerations: The table below provides a list of the three remaining villages, accompanied by the number of units and the minimum lot sizes proposed for each, under the currently approved plan and the proposed plan. Currently Proffered Plan Proposed Modification Number Lot Width Minimum Number Lot Width Minimum Units In Feet Lot Size Units In Feet Lot Size Village C98 100 20,000 SF 116 45 at 120 45 at 18,000 SF 71 at 90 71 at 13,500 SF Village D 41 100 12,000 SF 44 80 12,000 SF Village E 56 100 12,000 SF 40 100 20,000 SF Total Units 195 200 As the table above indicates, the number of units within the three villages will increase by five; however, the five units are not additional units beyond the maximum 499 units previously approved and proffered. The five units are being shifted from Village B (Ranier Village'), where each unit would have been on lots of at least 7,200 square feet, to Village C, where each lot will be at least 13,500 square feet in size. The five units being shifted to Village C will be located such that the number of dwelling units within the 65 to 70 dB DNL AICUZ (Sub-Area 2) remains the same as the number under the currently proffered plan. The revised layout of the villages reduces the overall development footprint by approximately 10 acres, which results in a corresponding increase in the number of acres of open space. Accordingly, 54.3 percent of the site will remain as open space. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. Also attached is a table that summarizes the acreage and unit counts related to each application submitted for Ashville Park from the first submittal in 2003 to this request that is scheduled to be heard again by the City Council on July 3, 2018. At the Planning Commission public hearing there were two speakers in support of the request, both residents of Ashville Park, and three speakers in opposition, all of whom live in the adjacent Heritage Park neighborhood. The opposition noted concerns related to smaller lot sizes, decreased home sizes, and changes to the layout. HOFD ASHVILLE PARK, LLC Page 3 of 3 ■ Recommendations: The Planning Commission by a recorded vote of 10-0, voted to recommend approval of this request to the City Council as proffered. The recommendation, however, included direction to the applicant to make two revisions to the "Ashville Park Development Manual" to address issues raised by residents of Ashville Park. The applicant has made those revisions, and they were submitted to the Planning Department and the City Attorney's Office prior to the deadline established by the Zoning Ordinance for revisions to Conditional Zoning Agreements. The changes are specific to the "Architectural Standards" of the Manual, and consist of the following: Page 11, Item Number 1 — addition of a new subsection (e) All homes in Village C and E shall not have front loaded garages. In Village D, no less than 20% of the homes shall have an interior facing or outward facing side loading garage. Page 14, Item Number 17 All fencing in Villages C, D and E shall be metal, open picket style and shall not exceed 5 feet in height. Solid privacy fencing of yard areas in Villages C, D and E is precluded. A full description of the modifications to the proffers being requested by the applicant is provided on pages 5 through 11 of the attached Staff report. • Attachments: Ashville Park Acreage & Unit Count Table Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Ashville Park Master Plan Manual Recommended Action: Staff recommends deferral based on City Council's discussion at the June 26, 2018 workshop. Planning Commission recommends approval. Submitting De• -rt --nt/A•ency: Planning Department e. //e,, ;%,.L,C1-e..,) City Manager: A co o Rem Z 0 NJ V LU i Ncc cn O M — w -113 C V as m Q rn O N -1 z nJ J w U Ln -0 v a Z Z d = a z o s 3 w U ✓ O Q 0 >- Ci) 0 z =I- - — U Z O >- >_ 0 w m d- c-I N e-i-i Q N Z L Z O 1_ u1 d- 00 0 Ql < lD U CO LO NI 0 00 N a 0 w U m Ca. Z0LU � " � u-) a C5 z O 0 N N Lu ,--i v r"i F- > O u Ln rn Q CT G V NI co 00 LD ZOl W N J CL r-i a N Ln . 1- -J d Q N CO Q a H Z 0 0 un ul F- > 0 v cc v O C Q O N U Ln Q U 00 lD Q CI U 0 J N co •N Cr) Z Tr F" a a � LI-) r, v Z CL < If) d cc a o rn LU z u � _ 73 tuo ii O 0 Lu O LU 0 Q O U In Q V Ct Q 0.0 V lD Li- d CC co en Crl cn 3 U N J N r-I O N Lo N O Q a N a Q N CC O[ v w D 4- N < NN Q tv U f4 U avro LL u N 0 n3 co LU Q CO U 0 W LL •c + J N N W W W W W W u c v > 0 N 0 0 0 0 0 0 J m N o f I a W g 5 g g 5 , 5 2 t N V) pmz vim, Q N cn 5 5 5 5 5 5 - z = z 7 PRINCESS ANNE '3),, I F 13 14 HOFD Ashville Park,L.L.C. 3 .r AG AG1 �' � ��-_ .� ABtmu ,,.. ` —" . March 11, 2015 Public Hearing •? ,`� " f�' APPLICANT & PROPERTY ,��4 i PD-N2(R-30) AG-7N• i ` \ i OWNER: ���t[�0,-- � \ AG2 ilean5 ��=---...."4"4"4440,7 ©'� ,- HOFD ASHVILLE 2 - •D-H2IR-30) \ G2 /1 �� PARK LLC -'•.... ;S ' - ea 2: PD-I) AG ` •j (P 1) AG, .1 AG 1 % HERITAGE PARK 1 ?Al Original 2004 Plan ' 1 Yil ■'?tc'' , I, ,,���..�j9 *,, 1 .I A,A"" SANDBRIDGE VLLALT'A" XERITAGE'A4RK ,-jjY '.Y ROAD SSfi LANE 84 ACRES '\ —.- -: I it't'fi• t ant , 1 zE mall } . ,���♦. :it -; - NILDLI![ POCKET L .oa� ,;v.�/▪ � ;...,t,‘ �" %• e T PAM(tYP.I 4raf'�E r µ� w 1 i yi iv+ ik.,, • r . .F A.t.I ....,.,„” LI.S FISH f. �t -r! 9 ....,-ri t i J,,..„-....,„„..„ ., ; yam• _ t , Wit CI If P y.[:t:' ,'.#‘-,:i� . E 1. + t°': !111'7, ,g' In 3}ii: • e , t.. l'A 1%7','..'.4,' itiTy '%..-- - i 4,*.IILPFCrr/r*•';'VR SI?it.e.Pitt E. --q ' U..;:ir .. . :331-..,,........4i',t,, „1:.....3 A►4 i RECREA*IONnL 1::::‘,. 3 t p ACTNIiY ARFA 4'a v.- ...raw. -F- ADULT `_. ^S',� .1;•` 0 VILLAGE"E_ RECREATIONAL r7 E4.4,:,/,2�O° �.• U.S COAST GUARD "•, y`7 29 ACRES ACTIVITY AREA >,.`.� t - , . . iALLAC t dry 73.6 ACRES 19,19".19,19".‘,,r.c [NTFANCf-��f �° � � t �,° ACi1VP ABLIt7 � �: ��•.. I.v, N. 1,I I t1\19h 1 SI,ILN.. .4.74.01-‘,-, _ Ind\SE A.., ....� VAR';,r a ■I.... I. VILLAGE"6” .•:.., s ..hr,ii2.+...L, I".+., 2S.2 ACRES I t.Ift 2O.,.U, tw.-r;E N. S,I J.S kt. ■ ' ACTIVE*IIULT , .. IL..§.A I,wl. . •_4 -._.f... 7.b5Am...Ti ..I--..I ,v,.tt,iaw.k I.a. — 41100' PLACES ..0 - - That original rezoning was followed by a second rezoning in 2005, which was subsequently modified in 2011. Each of the zoning changes or modifications to proffers since the original 2004 rezoning have been directly tied to changes in the ownership of the property as well as the changes in the real estate market during the past ten years. The original owner conveyed the property to Sandler at Ashville Park, LLC in late-2004, and in 2005, Sandler at Ashville Park requested a Conditional Change of Zoning that kept the zoning district the same, but replaced the 2004 proffers with new proffers that tied the development to a plan and details indicative of the new owner's development practices and design preferences. One of the most significant changes was the shift of the 56 age-restricted dwelling units that were in Village E to Village B, resulting in a total of 160 age-restricted units. Nine additional units were added to Village B at the same time, resulting in 169 age-restricted units (see '2005 Plan' on following page). After that rezoning, site construction plans were approved in mid-2006. The first 28 lots (in Village A) were sold to builders in 2007, which provided the foundation for Ashville Park being selected as the site of the Tidewater Builders Association's 2008 Homearama. Simultaneous to this development activity, the national financial and real estate markets were weakening, eventually leading to the 'Great Recession' of 2008-09. The effect on the development of Ashville Park was significant. There was limited development activity during 2009 and 2010, and the property owner / developer, like many real estate developers across the nation, eventually defaulted on the loans tied to the property. HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 2 2005 Plan HISKArd PARR lKYEAR PARR NSp1 _ _., . ' i VKIAGi.`t- rLA meows SAWIRRIOGr ROW Nf A7M.'.C/MRKLANE 1�MIAR TARP — _ ', 'D- MINIM ) �iir ur'pa ''IDJ gyp 1, �, _� ry 'im Zr� 3^� 4.....e ,wnoEsr ,Ti. 'y j 's-i. r / �� t .g j rte. - _,..' ;� lSit * • -: cr ' _ ; 10.44,111‘�1,Yl r fr v` svieRLtwLA roNA S 40 .001:i.,.... . i. ACUV,v li A x. +kt. ictirL7I 7" .". t x` _ •✓ ; L US.CW57 GUAM! _. rC I...'P.19•7 ,. In 2010, Wells Fargo Bank foreclosed on the property. After foreclosure, ATC Realty Sixteen (a subsidiary of Wells Fargo) worked with the City of Virginia Beach to address a number of issues related to the condition of the property as well as uncompleted infrastructure improvements. Additionally, in an attempt to stimulate development activity, ATC Realty Sixteen / Ashville Park LLC submitted a request to modify the proffers of the 2005 rezoning. In particular, the requested modification was to remove the age-restriction for the 169 dwelling units located in Village B ('Ranier Village') and to replace the 'Active Adult Center' proposed for the center of _ Village B with a 'Village Green.' The rationale for the requested �--•- modification was based on the changes in the real estate 10- _ iLt market and economy resulting from the Great Recession. '• F Specifically, the applicant cited the significant reduction in demand for 'active adult communities' with single-family dwellings on fee-simple lots, as well as an increasing demand for smaller single-family lots and a corresponding demand for single-family dwellings with less floor area than prior to the „ .. Recession. City Council approved ATC Realty Sixteen's request on February 14, 2012. Details of Proposal On February 16, 2012, ownership of the property was transferred to the current owner, HOFD Ashville Park, LLC, which is a subsidiary of HomeFed Corporation. HomeFed was the successful bidder for the property when it was auctioned by Wells Fargo after foreclosure. HomeFed / HOFD Ashville Park, LLC, like the previous owners of the property, has certain development practices and design preferences. Based on HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 3 those practices and preferences, the current housing market, and new site constraints resulting from past construction activity, HOFD Ashville Park is now requesting a Modification of the Proffers approved in 2005 and as modified by the 2011 proffers(approved in February 2012). The applicant's principal reason for requesting the modifications to the existing proffers is a need to change the layout of the three 'villages' that have not yet been developed to first, avoid wetlands created as a result of improper site grading by the previous developer, and second, provide for lot configurations that reflect the applicant's development and design principles. The table below provides a list of the three remaining villages, accompanied by the number of units and the minimum lot sizes proposed for each, under the currently approved plan and the proposed plan. Currently Proffered Plan Proposed Modification Number Lot Width Lot Size Number Lot Width Lot Size Units Units Village 'C' 98 100' 20,000 SF 116 45 at 120' 45 lots at 18,000 SF 71 at 90' 71 lots at 13,500 SF Village 'D' 41 100' 12,000 SF 44 80' 12,000 SF Village 'E' 56 100' 12,000 SF 40 100' 20,000 SF Total Units 195 200 • As the table above indicates, the number of units within the three villages will increase by five; however, the five units are not additional units beyond the maximum 499 units already allowed. The five units are being shifted from Village B (Ranier Village'), where each would be on a 7,200 SF lot, to Village 'C,' where each will be on a 13,500 SF lot. The five units being shifted to Village 'C' will be located within the village layout such that the number of dwelling units within the 65 to 70 dB DNL AICUZ (Sub-Area 2) remains the same as the number under the currently proffered plan. • The increase of 18 units in Village 'C' is based on the village's location in the geographic center of the community, with close proximity to the Community Center and active recreational amenity area. • The number of lots proposed for Village 'E,' at the eastern end of Ashville Park, is being reduced by 16 while at the same time the minimum lot area is being increased from 12,000 SF to 20,000 SF. These changes are driven by the location of Village 'E' at the eastern end of Ashville Park, which is the closest portion of the site to Back Bay. The fewer number of units combined with the larger lot sizes decreases the area of impervious surface at this end of the development site. • The revised layout of the villages reduces the overall development footprint by approximately 11 acres, which corresponds to an increase in approximately 11 acres of open space. Open Space Data Total Site Size ±452.8 acres Open Space Total ±246,8 245.8 acres(54.5 54.3% of site) Interior Village Open Space ± 23.5 20.0 acres Buffers ± 20.0 acres Lake ± 46.5 47.0 acres Residual Open Space ± 1.56.8 156.3 acres Details—Modification of Proffers The applicant is requesting modification of proffers contained in both the 2005 and 2011 Conditional Zoning Agreements(CZAs). The table below lists the proffer requested for modification, the requested modified proffer text, and then, staff comments regarding the modification. There are references HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 4 throughout the modified proffers to a 'Manual,' which is the Master Plan document for Ashville Park. The project has always been guided by such a Manual. One of the most significant changes to the Manual is the addition of an extensive 'Architectural Standards' section on pages 11 through 16, which is, in effect, a "Pattern Book" for new dwellings in the community. This is significant, as the development has never had such architectural guidance. Previous guidance regarding the housing design consisted only of Proffer 27, which states that"All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roofs, porches, windows, doors, trim and soffits, consisting entirely of all or any combination of brick, stone, hardy plank, stucco, cedar shake or similar quality materials." PROFFER 1 (2005): REQUESTED MODIFICATION: The Property shall be developed substantially as The Property, which includes a-pertiee all of Village shown on the "Master Plan of Ashville Park Virginia "B" and all of Villages "C", "D" and "E", shall be Beach, VA" dated 2/08/05 and designed by developed substantially as shown on the Exhibit Stephen Fuller Places, LLC in conjunction with designated "Ashville Park" "Master Plan," dated MSA, P.C., a copy of which has been exhibited to December 19, 2014-May 1, 2018, prepared by LSG City Council and is on file with the Virginia Beach Landscape Architecture Inc., which is contained as Planning Department(hereinafter, the "Master page 1 of the 16 page "Ashville Park" development Plan"). manual, a copy of which has been exhibited to the City Council and is on file with the Virginia Beach Planning Department (hereinafter, the "Master Plan" and "Manual"). Staff Comments: The requested modification results in the replacement of the 2005 Master Plan document with the Master Plan document entitled "Ashville Park,"which was submitted with the current application. The new proffer also clarifies that the Master Plan primarily applies to the reconfigured Villages C, D, and E. PROFFER 3 (2005): REQUESTED MODIFICATION: A second entranceway to the Property shall be A second entrance to the Property shall be located located at Flanagans Lane near the intersection of at Flanagans Lane near the intersection of Flanagans Lane and Sandbridge Road and shall be Flanagans Lane and Sandbridge Road and shall substantially similar in design and quality to the be substantially similar in design and quality to the exhibit entitled "Community Entrance Flanagans exhibit entitled, "COMMUNITY ENTRANCES", Lane" prepared by Stephen Fuller Places, LLC, a "Flanagans Lane" dated 12/19/2014 5/11/2018, copy of which is contained within Section V of the prepared by Manual. LSG Landscape Architecture Inc., a copy of which is at page 5 of the Manual. Staff Comments: The requested modification is minor, providing a slightly different design for the Flanagans Lane entrance feature in lieu of the design contained in the 2005 Master Plan document. Moreover, the new design is more consistent with what was constructed at the Princess Anne Road entrance than what is the design provided in the 2005 Master Plan document. PROFFER 7 (2005): REQUESTED MODIFICATION: The internal streets within Ashville Park shall be The internal streets within Villages "C", "D" and "E" designed and constructed in accordance with the as depicted on the Master Plan shall be designed exhibit entitled "Typical Street Sections Plan of and constructed in accordance with the exhibit Ashville Park Princess Anne Road, Virginia Beach, entitled, "Typical Sections" dated 12/19/2014 Virginia", prepared by MSA, P.C., and dated 5/11/2018, prepared by LSG Landscape February 8, 2005, which exhibit has been displayed Architecture Inc., a copy of which is at page 10 of to the City Council of the City of Virginia Beach and the Manual. is on file in the Virginia Beach Planning Department HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 5 (hereinafter"Street Section Plan"). Staff Comments: The requested modification results in the substitution of the 2005 roadway cross- sections with new cross-sections that are based on past development review observations as well as `lessons learned'through use of the 2005 roadway sections. The new cross-sections also provide a section for trails, which was not part of the 2005 document. PROFFER 12 (2005): REQUESTED MODIFICATION: The total number of units developed in Village B The total number of units developed in Village B shall not exceed 169. All such units within Village B shall not exceed 164. All such units in Village B shall be single-family detached dwellings. The shall be single-family detached dwellings. The minimum lot size, internal open space area, buffers minimum lot size, internal open space area, buffers and acreages for each Village shall be as set forth and acreages for each Village shall be as set forth in the Master Plan. in the Master Plan. Staff Comments: The requested modification deletes five dwelling units from Village B for transfer to Villages C, D, or E. PROFFER 13 (2005): REQUESTED MODIFICATION: Villages "A", "C", "D" and "E" shall be developed Villages "A", "C", "D" and "E" shall be developed substantially as depicted on the Master Plan. The substantially as depicted on the Master Plan. The total number of units developed in Village A shall total number of units developed in Village "A" shall not exceed 135 units. The total number of units not exceed 135. The total number of units developed in Village C shall not exceed 98 units. developed in Village "C" shall not exceed 116. The The total number of units developed in Village D total number of units developed in Village "D" shall shall not exceed 41. The total number of units not exceed 44. The total number of units developed developed in Village E shall not exceed 56. All units in Village "E" shall not exceed 40. All units shall be shall be single-family detached dwellings within single family detached dwellings within these these Villages. The minimum lot size, internal open Villages. The minimum lot size, internal open space space area, buffers and acreages for each Village area, buffers and acreages for each Village shall be shall be as set forth in the Master Plan. as set forth in the Master Plan. Staff Comments: The requested modification establishes the new number of dwelling units for each village resulting from the reconfiguration of the villages. The reconfiguration of the villages with regard to size and location is due to two primary factors: (1) the need to move development from previously proffered locations due to the creation of wetlands (as defined by the U.S. Army Corps of Engineers) on the site as a result of changes in drainage patterns under the original developer that were exacerbated by long period of inactivity on the site; and(2) HOFD's development practices and design preferences, as well as HOFD's housing market research at both the local and national level. Lot sizes in Villages C, D, and E will now be between 13,500 square feet and 20,000 square feet, whereas the lot sizes under the existing proffers are between 12,000 square feet and 20,000 square feet. The reconfiguration also results in an increase in the area of the site devoted to passive and active open space and recreational amenities (increase from 52% open space to 54.5% open space). PROFFER 14 (2005): REQUESTED MODIFICATION: The linear parks depicted within Villages A, C, D Those portions of the linear parks that are created and E shall be maintained by the Home Owners by easement upon a portion of a residential lot shall Association and no structure shall be allowed within be maintained by the residential lot's owner. The the linear parks other than uniform fencing, or other cost reduction to the Association resulting from the uniform decorative features, and mailboxes. The elimination of this line item/expense will be Pocket Parks depicted on the Master Plan shall be immediately reflected in monthly homeowner HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 6 developed and constructed substantially as assessments. All other park areas and open space depicted on the Master Plan. The Pocket Parks areas shall be maintained by the Home Owners shall be maintained by the Home Owners Association. No structures shall be allowed within Association. All sidewalks and trails located outside the parks other than uniform fencing, storm of the public rights-of-way shall be maintained by drainage improvements, other uniform decorative the Home Owners Association. features, and mailboxes. All sidewalks and trails located outside of the public rights of way and public easements shall be maintained by the Home Owners Association. Staff Comments: Staff considers this a `housekeeping'item since the new proffer reflects changes that have been recently implemented in Village A at the request of and approved by the homeowners in that Village. The concept of`Pocket Parks'has been integrated into the `Linear Park'concept. PROFFER 19 (2011): REQUESTED MODIFICATION: The recreational facility referenced in Proffer The community amenities depicted on the Master number 18 [of the 2005 Proffers] shall be Plan between Village "A" and Village "C" shall be substantially similar in quality, design, and substantially similar in quality, design, size and character to the exhibit entitled "Community architectural character to the two (2) exhibits Amenities" as contained in Section VI in the entitled "COMMUNITY AMENITIES" (1) Manual. It is recognized that with a development of Recreational Activity Center, and (2) Clubhouse this size, detailed building plans may change as the Elevations dated 12/19/ 2014 5/11/2018, prepared development of Ashville Park progresses. The by LSG Landscape Architecture Inc., copies of intent of the renderings is to demonstrate the which are at pages 6 and 7 of the Manual. The architectural style and building quality of this Recreational facility. Final elevations for the structure shall be Activity Center shall include a Clubhouse (minimum submitted to the Planning Director to assure 3,400 square feet), Drop-off, Sun Deck, Swimming compliance with this proffer. Pool (minimum 3,400 square feet), Lake, Pedestrian Trail connection, Children's Play Area, multipurpose court, and parking lot(35 spaces). The Community Amenities shall be constructed and a certificate of occupancy issued for the clubhouse and pool prior to the issuance of a certificate of occupancy for any residential dwelling in Village C, DorE. Staff Comments: The effect of Proffer 18 of the 2011 modification to the original 2005 proffers (referenced above in Proffer 19) was to reduce the number of originally proffered `Recreational Activity Areas'to one, which will be located between Villages A and C. The 2011 Modification of Proffers application primarily focused on site layout revisions and elimination of the age-restriction for Village B. The originally proposed indoor facility for Village B was replaced with a Village Green. Proffer 19 of the 2011 modification (above) tied the general quality, design, and character of the `Recreational Activity Area'to the graphics in Section VI of the `Ashville Park Manual.' With that as background, the currently proposed modification provides more specificity to the components that will part of the Recreational Activity Area, and requires that the clubhouse be constructed and have a Certificate of Occupancy prior to the issuance of occupancy permits for any dwelling in Villages C, D, or E. PROFFER 21 (2005): REQUESTED MODIFICATION: No portion of the Property that has been No portion of the Property that was delineated as a designated as a jurisdictional wetland by the U.S. jurisdictional wetland by the U.S. Army Corps of Army Corps of Engineers shall be disturbed. Engineers prior to the commencement of development of Ashville Park shall be disturbed unless otherwise required in order to implement the HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 7 Ashville Park Drainage Improvements (Phase 1 of Alternative B). Any impacts to portions of the Property that have subsequently been designated as jurisdictional wetlands by the U.S. Army Corps of Engineers shall be allowed as permitted by State Department of Environmental Quality and the U.S. Army Corps of Engineers. Staff Comments: The applicant proffered(Number 21, above) with the original Conditional Change of Zoning that none of the non-tidal wetlands identified by the Army Corps of Engineers as being under its jurisdiction would be disturbed during development of the site. The currently requested modification of that proffer reaffirms the content of the proffer, as well as noting that any impacts to areas of wetlands that have been subsequently identified by the Corps as being under its jurisdiction shall be allowed only as permitted by the Virginia Department of Environmental Quality and the Corps. PROFFER 22 (2005): REQUESTED MODIFICATION: The combined areas set aside for recreation and The combined areas set aside for recreation and open space on the Property should not be below open space within Ashville Park shall not be below fifty-two percent(52%) of the current gross acreage 54% of the 452.8 gross acres which comprise of the Property. The different types and acreages of Ashville Park as depicted on the Master Plan. The open spaces provided within Ashville Park shall be different types and acreages of open spaces substantially as specified on the Master Plan. provided shall be substantially as specified on the Master Plan. Staff Comments: This proffer updates the number of acres and percent of the total gross acres that are being persevered for recreation and open space. PROFFER 24(2005): REQUESTED MODIFICATION: Grantor shall construct a series of sidewalks and Grantor shall construct a series of sidewalks and trails that are designed to provide pedestrian trails that are designed to provide pedestrian accessibility within each Village, and pedestrian accessibility within each Village, and pedestrian and bike connections between each Village and to and bike connections between each Village and to adjacent properties substantially as shown on the adjacent properties substantially as shown on the Exhibit entitled "Connectivity Plan" prepared by Master Plan and the exhibits entitled, "Village Stephen Fuller Places, LLC, which plan is part of Plans" dated 12/19/2044 5/11/2018, prepared by the Manual (hereinafter "Connectivity Plan"). The LSG Landscape Architecture Inc. copies of which path system within the Village Greens, the Pocket are at pages 2 and 3 of the Manual. The path Parks and other open space areas shall be finished system within the Village Greens, the Parks and in hard surfaces such as asphalt or compacted other open space areas shall be finished in hard clay. Such trails shall be designed substantially in surfaces such as asphalt or compacted clay. While accordance with the quality levels and design not all portions of the trail system within Ashville features as depicted on the exhibit entitled "Open Park will be open to the public, a continuous trail Space" prepared by Stephen Fuller Places, LLC, system from Princess Anne Road to Flanagans which exhibit is part of the Manual. While not all Lane that will be open to the public either through portions of the trail system within Ashville Park will easements over some of the trails on the Home be open to the public, Grantor shall provide a Owners Association property, or the provision of continuous trail system from Princess Anne Road sidewalks and trails within the public right of way to Flanagans Lane that will be open to the public section between Princess Anne Road and either through easements over some of the trails Flanagans Lane. on the Home Owners Association property, or the provision of sidewalks and trails within the HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 8 public right-of-way section between Princess Anne Road and Flanagans Lane. Staff Comments: There is no substantial change being made by this proffer other than reference to pages 2 and 3 of the new Manual rather than the `Connectivity Plan'provided in the original Manual. PROFFER 25 (2005): REQUESTED MODIFICATION: Grantor shall construct a Multi-Purpose/ Grantor shall construct a Multipurpose/ Equestrian Trail Equestrian Trail substantially where substantially as depicted on the Master Plan and the Village indicated on the Connectivity Plan. The Plans Exhibits in the Manual. The Multipurpose/Equestrian Multi-Purpose/ Equestrian Trail shall be Trail shall be approximately 8 feet in width, constructed of approximately 8' in width, constructed of compacted earthen material, compacted clays, or similar compacted earthen material, compacted compacted material substantially in accordance with the clays or similar compacted material "Typical Trail Section" as depicted on the exhibit entitled, substantially as depicted on the "Trail "Typical Sections" at page 10 of the Manual. The Section" shown on the Connectivity Plan. Multipurpose/ Equestrian Trail shall be open to the public. The Multi-Purpose/ Equestrian Trail shall be open to the public. Staff Comments: Similar to the modification to Proffer 24, this modification changes the reference regarding the specifics of the Multi-Purpose/Equestrian Trail from the 2005 Manual to the currently proposed Manual. This trail was an important component of the original rezoning, as it connects to Heritage Park to the north and is intended to continue south of Ashville Park, consistent with the overall vision for the Transition Area. PROFFER 33 (2005): REQUESTED MODIFICATION: The dimensional requirements applicable to The dimensional requirements applicable to residential development of all portions of the Property development of the Villages in Ashville Park except except Village B shall be as follows: Village "B" shall be as follows: Minimum Lot Area in Square Feet: (a) Village "A" HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 9 12,000 (Villages D and E) i. Minimum Lot Area in Square Feet 20,000 20,000 (Villages A and C) ii. Minimum Lot Width in Feet 100 iii. Minimum Front Yard Setback in Feet 50 Minimum Lot Width in Feet: 100 iv. Minimum Side Yard Setback in Feet 10 v. Minimum Side Yard Setback adjacent to a Minimum Front Yard Setback in Feet: 50 for 20,000 Street in Feet 30 square foot lots and 30 for lots less than 20,000 vi. Minimum Rear Yard Setback in Feet 20 square feet vii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Minimum Side Yard Setback in Feet: 10 Square Feet 5 feet viii. Maximum Lot Coverage 30% Minimum Side Yard Setback Adjacent to a Street in ix. Minimum Setback from Sidewalk on Lots Feet: 30 containing linear park(easement) 15 feet from Minimum Rear Yard Setback in Feet: 20 edge of sidewalk Accessory structures of no more than 150 square feet: 5'rear and side yard setbacks x. Maximum building height in feet 42 Maximum Lot Coverage: 30%for lots 20,000 (b)Village "C" square feet and greater and 35%for lots less than i. Minimum Lot Area 45 Lots in Square Feet 18,000 20,000 square feet ii. Minimum Lot Area 71 Lots in Square Feet 13,500 Hi. Minimum Lot Width in Feet 90 Minimum Setback from Sidewalk for lots containing iv. Front Yard Setback in Feet 30 linear parks: 15'from edge of sidewalk v. Minimum Side Yard Setback in Feet 10 vi. Minimum Side Yard Setback adjacent to a Maximum Height:42 feet in Villages A and C and Street in Feet 20 38 feet in Villages D and E vii. Minimum Rear Yard Setback in Feet 20 viii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Square Feet 5 feet ix. Maximum Lot Coverage 35% x. Minimum Setback from Sidewalk on Lots containing linear parks(easement) 15' from edge of sidewalk xi. Maximum building height in feet(not to 40 exceed 2 stories) (c) Village "D" Minimum Lot Area in Square Feet 12,000 ii. Minimum Lot Width in Feet 80 iii• Minimum Front Yard Setback in Feet 25 iv. Minimum Side Yard Setback in Feet 5 and 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 20 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Square Feet 5 feet viii. Maximum Lot Coverage 40% ix. Minimum Setback from Sidewalk on Lots containing linear parks(easement) 15' from edge of sidewalk x• Maximum building height in feet(not to 40 exceed 2 stories) HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 10 (d)Village"E" i. Minimum Lot Area in Square Feet 20,000 ii. Minimum Lot Width in Feet 100 iii. Minimum Front Yard Setback in Feet 40 iv. Minimum Side Yard Setback in Feet 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 30 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Square Feet 5 feet viii. Maximum Lot Coverage 30% ix. Minimum Setback from Sidewalk on Lots containing linear parks(easement) 15'from edge of sidewalk x. Maximum building height in feet (not to exceed 2 stories) 42 Staff Comments: This requested modification to the 2005 proffers derives from the development practices and design preferences of the new owner of the property, similar to when the previous owner deleted all of the proffers from the 2003 rezoning and replaced those proffers consistent with its development practices and design preferences. Based on those practices and preferences as well as the changes in housing market since the market crash of 2008-09, the proposed proffer provides dimensional requirements for Villages C, D, and E, resulting in a variety of dwelling types. 4 e LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family residential (existing and under construction), vacant land, non-tidal wetlands(USACOE), and forest SURROUNDING LAND North: • Single-family rural residential and cultivated fields/AG-1 USE AND ZONING: and AG-2 Agricultural Districts • Single-family residential, recreational facility, and forest (Heritage Park)/ R-20 Residential District& P-1 Preservation (Open Space Promotion) South: • Single-family rural residential /AG-1 and AG-2 Agricultural Districts • Undeveloped land and Coast Guard Communications Facility/AG-1 and AG-2 Agricultural Districts • Forest, cultivated fields, and single-family rural residential/ AG-1 and AG-2 Agricultural Districts East: • Back Bay National Wildlife Refuge/AG-1 and AG-2 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 11 Agricultural Districts West: • Princess Anne Road • Cultivated fields and single-family rural residential /AG-1 and AG-2 Agricultural Districts NATURAL RESOURCE AND Portions of the site are open fields and other areas are wooded. CULTURAL FEATURES: The site drains to the north toward Scopus Marsh or eastward to Ashville Bridge Creek and Back Bay. There are areas of Corps- defined non-tidal wetlands. From a cultural perspective, it appears that the City's most infamous character, the "Witch of Pungo" Grace Sherwood, owned a portion of the site during her lifetime. According to City records, John White, Grace's father, received a land patent of 195 acres at Ashville Creek at the east end of Muddy Creek in 1674. At his death, the property conveyed to James and Grace Sherwood. COMPREHENSIVE PLAN (NOTE: This application was submitted prior to the latest amendments to the Comprehensive Plan pertaining to the Transition Area policies and design guidelines. The application has, therefore, been reviewed under the prior policies and design guidelines). The Comprehensive Plan designates the subject property as being within the Transition Area. The Transition Area serves as a unique land use buffer for the low density Rural Area from the more densely developed Suburban Area by instilling a hybrid of the two types of development patterns that promotes open space and a low per acre density. Another unique feature of the Transition Area, near its eastern edge along New Bridge Road, are the headwaters of Back Bay; a natural feature that helps define the Transition Area by providing an unparalleled amenity for both residents and visitors. As a whole, this area is characterized by many high quality residential neighborhoods with significant, exceptional open space. Discretionary development proposals within the Transition Area should be well-planned, with clustered or massed residential development of densities averaging no more than one dwelling unit per acre, should adhere to the planning and design principles cited in the Transition Area Design Guidelines, and should conform to the provisions of the Oceana Land Use Conformity program and AICUZ provisions. Development proposals should strive to achieve the goal of attaining 50 percent open space, including berms, trees, buffers, and trails, to create safe, accessible, and attractive roadway corridors and internal green space that provide attractive vistas and recreation areas as well as protect natural resources. Uses should be clustered in a creative manner to minimize impervious surfaces, protect open spaces, and optimize site amenity and design opportunities. Site plans should be designed to respect and display valued natural resources and incorporate a well-planned system of multipurpose trails, greenways, and other linkages that are instrumental in implementing the strategic goals of the adopted Outdoors Plan. It should be demonstrated that the capacity of roadways and other infrastructure can adequately support the increased demand. All projects should to employ energy efficient systems, preferably equivalent to or higher than the standards set for the Leadership in Energy and Environmental Design (LEEDTM) 'Certified' rating, (p. 4-1 to 4-4, 4-19, Policy Document prior to amendments of February 3, 2015). 4 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): In the vicinity of this site, Princess Anne Road is a two-lane minor suburban arterial with a variable (80 feet to 100 feet) right-of-way width. For this portion of Princess Anne Road, the City's Master Transportation Plan HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 12 recommends an ultimate 135-foot wide right-of-way within a four-lane parkway typical section. There is an active CIP Project, Princess Anne Road Phase VII-A(CIP 2.033.0), for this section of Princess Anne Road. This project is for the construction of safety improvements on Princess Anne Road from the Sandbridge Road/ Upton Drive intersection to Indian River Road, including, but not limited to, shoulder widening, additional turn lanes, underground utility relocation, and drainage improvements. Flanagans Lane is a two-lane local /collector street. TRAFFIC: Present Street Name Volume Present Capacity Generated Traffic Princess Anne 13,000 ADT 1 13,600 ADT 1(Level of Road (2013) Service"C") Existing Land Use 2- 15,000 ADT(Level of 4,990 ADT Service"D") [capacity (499 PM Peak Hours) level] Proposed Land Use 3- 16,200 ADT (Level of No change Service"E") Flanagans Lane 500 ADT 1 6,200 ADT 1(Level of Service"C") 9,900 ADT (Level of Service"D") [capacity level] 11,100 ADT (Level of Service"E") Average Daily Trips 2 as defined by 499 single-family dwellings Sas defined by 499 single-family dwellings • The approved original TIS analysis found that a traffic signal for the intersection of Ashville Park Boulevard and Princess Anne Road would be required at approximately 70% build-out of the entire Ashville Park development. Traffic Engineering will continue to monitor the intersection, and will require the traffic signal to be installed when it becomes warranted, regardless of the previously approved projections. • Traffic Engineering reserves the right to make detailed comments as necessary upon submittal of construction plans. WATER and SEWER: Ashville Park is already connected to City sewer and water. SCHOOLS: School Current Capacity Existing Proposed Change 2 Enrollment Zoning I Zoning _ Princess Anne Elementary 502 586 • 55 55 0 Princess Anne Middle 1,467 1,474 33 33 0 Kellam High 1,826 1,961 47 47 0 Number of students 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning.The number can be positive(additional students)or negative(fewer students). 4 0 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 13 EVALUATION AND RECOMMENDATION The applicant is requesting a Modification of Proffers (from the 2005 rezoning and its 2011 modification). The applicant's principal reason for requesting the modifications to the existing proffers is a need to change the layout of the three `villages' that have not yet been developed to first, avoid wetlands created as a result of improper site grading by the previous developer, and second, provide for lot configurations that reflect the applicant's development and design principles. The residential density of Ashville Park is currently 1.10 dwelling units per acre based on 499 units on 452.8 acres. This density level was approved in 2005, with density above one unit per acre provided as a result of age-restriction for 169 of the units (at that time, there was some evidence that such units had nearly half of the impact on public services as units that were not age-restricted). The age-restriction was deleted in 2011 with City Council's approval of a Modification of Proffers in 2011 pertaining to Village B. The currently requested Modification of Proffers will not result in a change to the density. Staff evaluated the proposed development for consistency with the Comprehensive Plan policies, including use of the Transition Area Matrix (pre-2015 amendments), which assesses the proposed development's compliance with the three important components of the Transition Area Design Guidelines: Natural Resources, Amenities, and Design. Since the Transition Area Matrix was purposely designed such that the result of the calculation cannot exceed 1 dwelling unit per acre, it is not unexpected that the result of calculation for this development indicates that the maximum number of units is 540 (since the total site area is 540 acres). It must be noted, however, that the number of units approved for Ashville Park has always been in excess of the one dwelling unit per acre policy, and even with the most recent modifications to the proffers approved by the City Council in 2011, the density remained over one dwelling unit per acre. Staff finds that there is no rationale for reducing the density by 0.10, as the new proffers result in a plan that provides a variety of housing types not previously available in this community, which is consistent with the Comprehensive Plan's Housing Policies, while, at the same time, providing a greater area of the types of open space and recreational amenities that are recommended by the Transition Area Design Guidelines. Based on Ashville Park's history during the past decade, the applicant's current request for a modification of proffers is a response to a necessity for the Master Plan to evolve. Such an evolution is necessary in order to continue developing the community to meet the original intent of Ashville Park as a high-quality, vibrant, and unique community, providing active and passive recreational opportunities accompanied by expanses of open space and scenic vistas. Staff recommends approval of the request for a Modification of the Proffers of the 2005 Change of Zoning and the 2011 Modification. The complete proffers are provided below. • PROFFERS The proposed proffer modifications of the 2005 Rezoning and the 2011 Modification of the 2005 proffers have been previously provided on pages 3 through 11 of this report. CITY ATTORNEY: The City Attorney's Office has reviewed the proffer agreement dated December 30, 2014, and found it to be legally sufficient and in acceptable legal form. HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 14 NOTE: Further conditions maybe 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 or Change of Zoning 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. HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 15 x k. 40. ..._ .. 4 x y # Qe - $ Sandb71a #4tll r5, i e t,.>. n C a i X. • P lir LU ,•••• s Yai O g ojaciewe, w O tt: J W I- VI . - J V1 v. R . _ Q _ -.i'' > O. LL I. W <c4/1_, c5:: 2 ccij- �I, ' . ' .� 4° ;. CC O _LLL ,� a+ :;-11.1v111:::::::::::: 2::lit*"..,1110.............. ' 44 : II tras � p ` tr ;; L a el s .. y.Y . A AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 16 it 0 cl CLI g : a q y is J' z P p • 4e ;j ''. � x 1 il-rl,t:t.-Pr LI c t CJ A _ �i e 1R4 `r' mag $r,a w- : Iv r {f t• , li \., I+ c or,- -— -e�..( F a.. ,ic' F 7-, '�a S$.. iiiiii� ))� 'ff s CQ i ` 0 `i .. Ra x� y" a 4 ~sing i. O 8 P z 66. 5Co z ' : J + w 11 ilii j. l 5•' s # - } td P.R Kd t �> .i Updated Master Plan dated May 1 , 2018 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 17 1 IIII a. CZ; a ti r p. 0.--1 , a P bF. ' a i 8 w -. Y. w o S I 1 _ i ' AE RY Ji i - ttl..firm - o V t $ -5 J. 7.9 r".. pp 1, st s a i S H • W E iii• u . Updated Village Plan dated May 1, 2018 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 18 (I) w al' --4A r F`I c bb w CZ v H V°;,4' # O .--4o P .ted Fd% 9 L 5 v C Iiia y ,2 ^ F t s s ,- „,,„,, iipm-. y-t, Ow ,,,,,,11,, ri,-- l// S a 1. t: T # F£ y * '.„-p.,„. ;-1 I)/ ,moi'.'1,2*,‘ f!t F Ai-i' litiaFFF dl ., riaM 4,,,,itm. 12'41 .m.ifil":.._ ... I I 1 '' ' e „=e K 1 ,# e I g t .* 1 3 i ` z i Ia g g i n i t r .! G t 6 5 Z ' b g. 6' x 0 I- Updated Village Plan dated May 1 , 2018 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 19 • E§ y L $§s �J .1•4 • X4'1111 0444= NW*- I'll, 0.0 a $1 irinto WIMP 11111111 MIN% le t�i�`:.i..u.," a IBM sd MT si@ar •us CC �i - Ai am,Na/ •, oo \.4 Zj. - n3r 7 a 3_ g 'z X33 EI Sys sa a;. zglit 1 _� � 4 de REVISED PROFFER 1 / PAGE 1 FROM Old Master Plan dated THE "ASHVILLE PARK MANUAL" December 19, 2014 See page 19 for updated plan HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 20 ct Qtm. c,,3 • / ."; J cZ _ _ y t Ix r v _ B 0 I . e ga ` .x vra0iaa Rr \ ti Y A _1 ., t IL is _ iiipp ; ,,, , ..,,, -- t'd i ---r,=7----'1-... 1r Zf U L C Y i _ _ W X E t Ez ` _a s g Y F zs � o i 15,G Y F 'I v .c 1 ■• -0. I F l . REVISED PROFFER 1 / PAGE Old Village Plan dated 2 FROM THE "MANUAL" — Village C December 19, 2014 See page 20 for updated plan HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 21 Q gt. a ct t x § 6 E _ r • • % ' • A . . .4 1 • r s �Sw�ik. •s •1114ti -. ,...,,,,* ., c c / ,'.,r .,pp' 7 a 5 i : I;.. •/.4, •. .14' ;.fl.‘111.s 'ilt � a , i 4.: ' e • .t 1 Z 11. 1474a1 4WD Ligsb,..1-4111 4. ...s.,„, wt....4f 4 , :► St e i s c i 1 i i— 0 l REVISED PROFFER 1 / PAGE 3 FROM THE Old Village Plan dated "MANUAL" - Villages D & E December 19, 2014 See page 21 for updated plan HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 22 En ƒ Q , _ ƒ 71 . . 1J11 = ) . W - . . ` . % \} : « . . _ t -2 . > . r�°dam�• � « � ` \ 2w ..,, - : \ \ f , ± « \� /» � ^ ,..:::., m ( ' \\ o \ < . . � . / : U _ : ! _ • . : § , \ 1 . t \{ . ) { \g . : .4 � . f \ . ^ ! < w ©« it \ » 1 . t\ irrnalfixr, ,.., , \\\ \ \/~ 4,- \. \ ,w . . \ PAGE 4 FROM THE "MANUAL" — Communit Entrances HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 23 wn g W R U7,7� ct R M Lif W 40 -- 1 - _ A, t ..�. (r' , `� itt-- II , `I1' .F „-' 3 4; 1 ' ' 4 s I t NI_ tit1. , '!� • I , 1, .1 f ` 0.,�na„r.�. ' >r f 4' k REVISED PROFFER 3 / PAGE 5 FROM THE "MANUAL” — Flanagans Lane Community Entrance HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 24 . 0 . o u Ur f.i• , ; I,. , ),.•1 i .1 1, 1 z 1' 1 • ; f — I-- 1 I- ,- . -,'.i...--t‘,.. .'''•;,-,..... W ' .f. g i-,," 1 t .„..,-._....... ....-: I '4 ,, 1 1 '1 i!I g f_ , - P = z •,:lt,t 1. , g E 0 -.....,..d . , , . 4F f, = -;,• `'i,__„,„ • 1• 1 -7,:', A 7 ....;..••••• '., . _I .•,‘::;=1 I 1 •”" r•-ii,••_• _•,..•-.--. ; , "";,;•70"! f '= •,....1, , ,f =0 1 .. . -=';,(e, •1- . 1 . . \ .-. ._ ( REVISED PROFFER 7 / PAGE 10 FROM THE "MANUAL" — Typical Sections HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 25 _ _ En t i cll g $ u 1 ''../ J < c 0. r d 1 c ` b 3 V E u r E. a _ y c. C E v. c r E o i i (- 4 -, f _ . - „el { I IIi m r O '` � . W - o ilk < .�, # ' : REVISED PROFFER 19 / PAGE 6 FROM THE "MANUAL" — Community Amenities HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 26 g ^ i : \ / ! i0 K 0 !E k / _ :, | � . , - 2v , f ! '/ k' \\. \ . . - E U �/\ \ . } , q Z .2. /:\ | , v- _, a . / \ » .14 pilis/: :2 },te « r • y� !\ 4 : � � \ LI . 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Ju . rdl. wrwa. �r • 4 I ce16 G�x 'Rrnlunr. . i:. 11 pal dwrea rc 1. tad4a a v..a••.aa,.14 Y 1E31 . . 1:Tv-1,eps 1141,p/int e.44••••-u ii,le ABhw, i\idyl•r,t):1 1.34 h-,...1..04.433.1...1' har 4'r earl 5 tea.Irigiv.F.11.1 psi.w.vir.,:,rlyrrd....VW,.r',Tr NO .d 11.Q Km.u:n ENRNN. I T Rax VnvmRwn'x al itiwi.hre va,ri twat 4.,.4.J,..batl.kk...L.wk..an R.aW,..nJ dv.N•..I,, roll h. �.1. - 4..1,-1.....bebtra!J.by.le.o e. W. ..11.416 ea,.L i .le 4141.414 d .h+ht.•.J...el reddh`m u. 440 J ...4.-.01., n- +1 Owe..Owe.. •my 1 .r,d or pw..r.h.,.Th m,...8..m ry.'.t,.l..elan..!pr.. ........ • PAGES 13 & 14 FROM THE "MANUAL" - General Architectural Standards HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 30 -/:::::-.//,'; VIII. General Architectural Standards • /,ip 17.F+c.aoi[kwon Arewwwut FAcwoe.Desi ® WArvwmwa.FACAO*Dlsef+ MEI *pa... .flofooliffersota µ+ �` C,,... w SaPta0. r "'.. -�.. a �.�•...x�"' »*. • If- lx f a .. ..... I 1:3:.% ` ., Lt 12.rm'44. ! T ± L.la cl..r orda swa.....ry. etert it I L,t mu6M•^- arta bww.i.lrh.re�.at:citvm coed tile.k..wxw do kits ..arvw.1a 1iiieay..nalmr.bc a..mnirrAtt Is ///`a VIII. General Architectural Standards • 6J ri Awa,xwua.Axnirr -nwu.Cxnxncrra lippumusE 1 OMNI „ i i Hfli ,_ Li, I Ivie i ukv dd. orw.._x.e-d:, .a.:w de offd u. 4pc., ny. oro per.., n.make;1•oCWup.ore b A .Ido Poll - .c+m<lar Pure m norleo of m s off L.J.tone aM pop:omitted ora.tori Mme Wado� Ion.hon.does column.cod.-II,. pale a. 1 rn, . „._ . m 'a Mt," itt PAGES 15 & 16 FROM THE "MANUAL" — General Architectural Standards HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 31 PRINCESS ANNE Map L,K,-13-14 HOFD Ashville Park, L.L.C. Ma.Not to Scale r7&G GF d�.... f t. gip,, :':�� � `...,, .7.1IPV ', . 1 A Ate•` t, t$ Z , �L' ` • ; P_ -40.44/...- /_ "Iii. 1---LOru,,, —lig v--"vt!im4r.S.. . 11"--`,„'N-7?„-qii'l #14 '4. ilitIF- jr4S.WPI rIli,c,,,,s, ,,,,,V' '`'41***,,,„ ' •7. V '''N NN t;.\'.',\';'... 4.-1:•. 1_i. : r17'a 4 IG'Ay{'wi1� Ml11llj�_ '1� - 1. /`\� ' 2 ! `,.,... .- - .._d_ / 1 :i ,` .'tom \- ,ti,bf.1 i.4-_"e,_ip4._.:. a, 11, 1.-1:,,1:, '4',.:"4.,.,.. t.y ..6.ri,'14,11;141k',v ,, •,...,,,.... . ---.... •,. .,., .. 4,&. , .,,, AG2 a ,�� 'S. 4,, `:_ a a ttt +�� N AG2 f ,AGI /AGI �.'� �- 0 dB L fjij4 AG 1 = AG2 -‘. -7 All- 1 �% © ,,�► AG2, at-ci ll IIIIII _"� Al�.. `Zoning with - .nions,Protfers.Open Space Promotion Modification of Proffers ARP-Agricultural Reserve Program Overlay ZONING HISTORY # DATE REQUEST ACTION 1 02/14/2012 Modification of Proffers Approved 05/10/2005 Conditional Rezoning (Conditional PD-H2 Planned Unit Development Approved District [R-30 Residential District and P-1 Preservation District] to Conditional PD-H2 Planned Unit Development District [R-30 Residential District and P-1 Preservation District]) 02/24/2004 Conditional Rezoning (AG-1 &AG-2 Agricultural to Conditional PD-H2 Approved Planned Unit Development District [R-30 Residential District and P-1 Preservation District]) 12/10/1991 Conditional Use Permit (Borrow Pit) Approved 08/27/1986 Rezoning (R-3 Residential to AG-1 &AG-2 Agricultural) Approved 02/12/1973 Conditional Use Permit (Rifle Range) Approved 2 08/12/2003 Conditional Rezoning (AG-1 &AG-2 Agricultural to Conditional R-20 Approved Residential and P-1 Preservation) Conditional Use Permit (Open Space Promotion) 2 00/00/2000 Change of Zoning (AG-2 to R-15) Denied HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 32 3 6/13/1995 Street Closure Approved 4 09/24/2013 Modification of Conditions (Outdoor Recreation) Approved 07/07/2009 Conditional Use Permit(Outdoor Recreation and Mulch Facility) Approved 08/10/1993 Conditional Use Permit(Firewood Preparation) Approved 08/27/1986 Rezoning (A-1 Apartment to AG-1 &AG-2 Agricultural) Approved 5 07/11/2000 Conditional Use Permit(Auto Repair) Approved 6 04/12/2012 Change of Zoning (B-2 &AG-2 to Conditional B2 Approved Conditional Use Permit(Auto Service Station) Approved 7 Pending Change of Zoning (AG-1 &AG-2 to Conditional R-15) Pending 8 11/12/2007 Change of Zoning (AG-2 to Conditional PD-H2 ER-15]) Approved Floodplain Variance Approved 04/11/2012 Modification of Proffers Withdrawn HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 33 Nitm APPLICANT'S NAME HOFD Ashville Park, 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 Exce.tion for (EDIP) Board of Zoning Encroachment Request Rezoning A• •eats 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. ♦ * 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 ] VII VNO CHANGES AS OF DATE I` I Jimmy McNamara O REVISIONS SUBMITTED DATE HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 34 Virginia Beach u Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IxCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:HOFD Ashville Park, LLC If an LLC, list all member's names: HomeFed Corporation,Manager: Christian Foulger, President; Erin Ruhe, Vice President/Treasurer; Kent Aden,Vice President If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes t and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Ashville Park Owners Association_ If an LLC, list the member's names: Page 2 of 7 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 35 °.tet Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) Ashville Park Owners Association, Inc.: Christian Foulger, President;Ryan Potes,Vice President; Hale'Richardson,Secretary/Treasurer (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 it Are any of the following services being provided in connection with the subject of the application or anv 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 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 36 APPLICANT Virginia Beach i r PROVIDER(use additional sheets if YES] NO SERVICE needed) UAccounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ LSG Landscape Architecture,Inc.; uu Land Planner Looney Ricks Kiss Architects ❑ Contract Purchaser(if other than U 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 ,X Construction Contractors Engineers/Surveyors/Agents Kimley-Horn Financing(include current = IXI mortgage holders and lenders 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/ n 1E1 Agents/Realtors for current and anticipated future sales of the subject proper *Harry R.Purkey,Jr.,Esquire;Faggert&Frieden,P.C.(Carol Hahn) a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development X contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 37 'NB Virginia Beach rCERTI FICATION: I certify that all of the information contained in this Disclosure Statement Form is I 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. HOFD Ashville Park. LLL ; B ,i l Christian Foulger,President By ` I DATE,8- APPLICANT'S SIGNATURE ,/,i PRINT NAME Page 5 of 7 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 38 OWNER Virginia Beach YES NO I SERVICE 1 PROVIDER(use additional sheets if EAccounting and/or preparer of your tax return CArchitect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed (� l>I purchaser of the subject property I I /� (identify purchaser(s)and purchaser's service providers) nh Construction Contractors (� z Engineers/Surveyors/Agents t Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Sarah R.Palamara.Esquire Real Estate Brokers/ X 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 an interest in the subject land or any proposed development ISI 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 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 39 Virginia Beach 411111,ir 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. Ashville Park Owne s Asso ion,Inc Christian Foulger, President By, fr.,�.._� PROPERTY OWNER'S SIGN RE—If'''. PRINT NAME DAT E Page 7 of 7 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 40 Item#3 HOFD Ashville Park, L.L.C. Modification of Proffers of a Conditional Change of Zoning North and south sides of Ashville Park and south sides of Ashville Park Boulevard District 7 Princess Anne March 11, 2015 REGULAR Jeff Hodgson: Please call the next item. Phil Russo: The next application is Item 3. It is an application of HOFD Ashville Park, L.L.C. for a Modification of Proffers of a Conditional Change of Zoning, approved May 10, 2005, and as modified on February 14, 2012, on property located on the north and south side of Ashville Park Boulevard, District 7, Princess Anne. Jeff Hodgson: Welcome Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman. For the record, I'm Eddie Bourdon, a Virginia Beach attorney representing the applicant. We appreciate that this was on the Consent Agenda item, and I will try to be brief. Dr. White did an excellent job this morning describing what we were proposing. Eddie Bourdon: This just involves what is a matter of a house keeping items and the remaining three villages. Village C is about to begin development in the center of Ashville Park, as is the public amenity for the residents. Clubhouse, pool, courts, etc., that are all being put in place here. As Dr. White explained this morning, between the economic situation that befell the previous developer, and leaving the property improperly graded and drainage locked up, wetlands have developed, or did by the time HomeFed acquired the property developed in this area. Frankly, it was part of the farm that my family owned for years that was put into this development initially, and it wasn't wet back in those days. It was farmed land. But inl order to avoid impacting the wetlands, that's the principal reason why these modifications are before you. Also, the reason is to add a lot of tremendous architectural requirements that were not in the previous plan, which most of the members of the Commission heard this on a prior application. That application is no longer in play. It has been withdrawn; so,this is just simply housekeeping on these villages. The lots that are on the outside of this village (Village C) are 120-foot wide, 18,000 square foot lots. The number of lots that are inside the AICUZ area is not expanded one bit. We have moved five lots that were 7,200 square feet from Village B to put more open space in Village D over into Village C, again in close proximately to all of the amenities. We got 250 feet of open space on our property before you get to the lots that are in Heritage Park that back up to this property without any open space intervening into Heritage Park. The amenity package will all be in place and occupied before any of the residents in Village C are permitted to be occupied before Certificates of Occupancy can be issued,which is a big gain for the current residents. Pretty much,those are the big high points in this housekeeping. I did want to mention that, again, we have had excellent attendance at meetings with the homeowners in Ashville Park, and they did ask us for two additional proffers, which you all received this morning, which we will insert in the Manual. This is the Manual that is proffered with this application,which is again, pretty much unprecedented. It is one of the nicest we've seen,and this is something HomeFed has done, which we think is a big plus, because there is not really a lot of"meat" in Item#2 HOFD Ashville Park, L.L.C. Page 2 some of the architectural proffers in the original plans for Ashville Park. The two involved here are simply dealing with precluding front loading garages in Village C and E, and a limited number of side loading garages in Village D. Village D has 80 foot wide lots; so,there will be some front-loading garages there, and all fencing in these last three villages will be the open-style fencing that the Comprehensive Plan calls for now, was recently put into place. With that, I understand there is some opposition from Heritage Park, and I will simply note that the lots in Heritage Park are R-20 Open Space Promotion. The lot size minimum is 90 feet wide and 12,000 square foot in area. The average lot size is 100-foot wide and the average square footage in Heritage Park is between 13,000 and 13,500, and again, the lots that abut us in Heritage Park, without any open space intervening,those lots are 250-feet away, and are 120- foot wide lots that are 18,000 square feet, bigger than any of the lots that adjoin us in Heritage Park. Heritage Park has 45 percent of open space, 276 units, 45 percent open space, 75 acres of open space. Ashville Park with will add 11 acres of open space. I apologize, I forgot to mention that, and that brings the open space in Ashville Park to 247 acres. And that is 247 acres that the homeowners have to maintain, and some of these new village configurations also actually help save the cost of maintaining all the open space in Ashville Park as well. I'll be happy to answer any questions. Jeff Hodgson: Does anyone have any questions for Mr. Bourdon? Thank you sir. Eddie Bourdon: Thank you. Phil Russo: Our next speaker is Rob Steele. Rob Steele: Good afternoon, my name is Rob Steele. I'm a resident of Ashville Park, and today I'm just here to offer full support for HomeFed, and the development in general. HomeFed has spent a lot of time in the last year, 18 months. I've become friends with the residents, and most recently we've had face-to-face conversations with the developers to come to compromises. And this is the best possible application that can suit not only the neighborhood but the Transition area as well. Jeff Hodgson: Does anyone have any questions for Mr. Steele? Yes Karen? Karen Kwasny: Mr. Steele, do you feel as though the residents in Ashville Park by and large find this to be amenable to design? Rob Steele: Yes, based on the last couple of meetings and a lot of email correspondence we've had with majority of members, residents of Ashville Park, everyone seems to be amenable to this application. Jeff Hodgson: Are there any other questions?Thank you. Mr. Steele,thanks for coming down, Rob Steele: Sure. Phil Russo: Our next speaker is Brooks Sinnen. Brooks Sinnen: Good afternoon. My name is Brooks Sinnen. Thank you guys for hearing us today, and I will just piggyback on what Mr. Steele had to say. We are in full support of application number two with HomeFed. I will leave it at that. Item #2 HOFD Ashville Park, L.L.C. Page 3 Jeff Hodgson: Thank you. Are there any questions for Mr. Sinnen? Also, thank you for coming down today. Phil Russo: Our first speaker in opposition is Jessica Lindsey. Phil Russo: Hello. Jessica Lindsey: Hello. Good morning, my name is Jessica Lindsey and I am a resident of Heritage Park. I am here in opposition. Some of us have come, I think it was about a year ago when this first came to pass, and worked very well, I think, with Ashville Park in opposing just based on their original transition plan, which obviously, I'm sure all of you guys have seen. And that original transition plan, I've been in my house almost nine years, and that transition plan was something that we bought into long before Ashville was built. Heritage Park had started and we went in to build a home for our family, not just a house, a home. We want to live there for decades to come. So having said that, seeing that transition plan was very attractive to my husband and myself, much of the neighbors in Heritage Park, thinking this wonderful neighborhood and what a better plan. The Ashville Park plan, the original plan, was fantastic, and Ashville Park,the residents who built,there obviously agree. A lot of things have been approved and changed over time, and that is understandable to a point. I think from a Heritage Park perspective, really it has gotten to a point where,you know, as a resident, versus a builder, I know builders are obviously doing their jobs,and they are trying to build additional homes, and to make money, and different things like that. I absolutely understand that. From a resident standpoint, and living there for, you know, close to a decade, wanting things to stay the way they were originally,you know, proposed, there have been a lot of changes that, kind of affecting Ashville Park as well, not Heritage Park of course, but,from how we share the land there. And so our concern is that the increases, and I know this morning, and I was in the preplanning meeting, it was mentioned that it wasn't tremendous change but as a resident it really is tremendous because the lot sizes and when you go from 20,000 square feet to 13,000,you know, I know Mr. Bourdon said that, you know, different numbers about Heritage Park, but we were there already. And so people that were buying into Ashville Park already kind of knew what those numbers looked like. For those numbers behind us to change is kind of very different from what we had bought into. And so Village C is what affects our neighborhood there. I know some other folks are going to talk from Heritage Park, and there are a few people actually wanted to be here but could not, and I know they would be saying the same thing, but I think there is definitely some opposition there, and we would like to and before this goes through and gets approved, possibly have it deferred so we can all talk as a group and really make the Transition Area what it really should be and what is was planning to be long ago. Jeff Hodgson: Thank you. Jessica Lindsey: Are there any questions for me? Jeff Hodgeson: Are there any question for Ms. Lindsey. Thank you very much. Jessica Lindsey: Okay. I appreciate your time. Phil Russo: Our next speaker is Steven Stepnowski. Item#2 HOFD Ashville Park, L.L.C. Page 4 Steven Stepnowski: Hi. Jeff Hodgson: Good afternoon. Steven Stepnowski: Good afternoon. My name is Steven Stepnowski. I am a lifetime resident of the Hampton Roads area. I am a 30-year resident of Virginia Beach, and a nine year resident of Heritage Park. When I decided to move from the Shadowlawn out to Heritage Park, I looked at the plan that this Commission had put together for Heritage Park and Ashville Park. I based an investment of buying a piece of property on that plan. That plan for Ashville Park showed larger homes, at least comparable or larger than what is in Heritage Park, my neighborhood. A year ago,there were amendments and proffer changes that were proposed, and have been, I guess, side-barred up until this point. Looking at the changes, in the reduction of lot size, greatly affects the look of the neighborhood. I sat in this morning on the meeting to see what changes were made there, and what you all had kind of looked at. As our average lot size is what we were told just a little while ago were smaller. The average lot size is smaller. Our neighborhood is based on larger sizes and has a lot of open area. This new plan does not carry that in Ashville Park. Coming down here I would just like to voice my concerns about that. I know that due to some of the financial problems that the earlier developer had, maintenance wasn't done. Wetland areas were created because of that, due to the lack of work being done in the area and maintenance. Now that this area for Village D is really, will be very costly,Village D has been changed and our lots or Village C lots are now reduced. I heard Dr. White talking this morning there is not a really large change, but the significant change that the lots will be 4,000 feet smaller, 71 lots 4,500 smaller. That means that the homes are going to be closer together. The look of the neighborhood is going to change. Ten years ago, when I decided to move, I looked at that. My house, I'm on Rein Lane, 1809 Rein Lane. I back up to the west side of Village C. I look out my backyard, I see the woods and I expected to see homes comparable to what I have or better. That is what the plan was. Now, I'm going to be out there looking at 13,500 square foot lot with no green area between any of the homes. All the lots are backed up to one another. There is one small piece of green area in the center of that. That really is not what I bought into ten years ago, and not with this Planning Commission had planned. I hope you all consider the fact that there is a plan in place right now with 20,000 square foot lots,just like Village A. Village A sold very quickly in poor economic times. Please consider that in making this change. Jeff Hodgson: Thank you very much. Are there any questions for Mr. Stepnowski? Thank you. Phil Russo: Our next speaker is Rudy Bojo. Jeff Hodgson: Good afternoon. Rudy Bojo: Good afternoon Mr. Chairman. My name is Rudy Bojo. I am the resident of 7 1/2 years at Heritage Park, and I am one of many homeowners who would be affected by the proposed changes to the density of Ashville Park. We oppose this, number one, to protect our property values, and number 2, to stop the continual request to change Ashville Park that negatively affects Heritage Park residents. We do not understand the need to change the current design, as my neighbor has spoken. No one is disagreeing with the original 2005 plan, so why change it? We moved here for larger lots with ample amount of open space, not for condensed housing with small yards and little open space. The proposed Village C design is much denser than neighboring lots in Heritage Park and on Flanagan Lane, which has far less usable open space. The average lot in Village C would be 25 percent smaller than the Item #2 HOFD Ashville Park, L.L.C. Page 5 neighboring lots in Heritage Park. Even smaller lots in Heritage Park open up to larger amounts to open space. The smallest Heritage Park lot bordering Village C is 20,000 square feet. The proposed Village C design stacks houses back to back as I said earlier, with little open space woven into the village. HOFD claims that the proposed design increases open space by 2 1/2 percent and this is primarily due to the newly created watershed. This depicts, appears to be, an increase in village density. We are told that HOFD wants the changes in design to reduce impact on the watershed, move homes away from the wildlife refuge, and move more of the neighborhood population closer to the amenity center. Village C and the neighboring Heritage Park did should not shoulder the burden of past building mistakes and design flaws. What is clear to us is that these proposed changes benefit HOFD but negatively impact local residents. In closing, I firmly oppose these changes. Thank you for your time. Jeff Hodgson: Are there any questions for Mr. Bojo? Thank you. You may be seated. Rudy Bojo: Thank you. Phil Russo: Mr. Chairman. That is all the speakers we have on this application. Jeff Hodgson: Mr. Bourdon? Eddie Bourdon: First of all, my client will be more than willing to go out and have a meeting between now and City Council with the residents of Heritage Park. Let me just dispel things that have been said. There is absolutely no increase in density within Ashville Park as a consequence of these changes that are before you today. There is absolutely no decrease in any size of any homes to be built in Ashville Park, nor the quality of any homes built at Ashville Park, and in fact, with the modifications that are included in the Manual that you all have, and that your staff has evaluated, there is a guarantee of the high quality of homes that will be built in these last three villages at Ashville Park that did not exist previously. The changes,that I have stated, are primarily for environmental sensitivity reasons, not one for disturbing non-tidal wetlands and to remove a number, 16 homes,from the eastern end of the property closest to Back Bay and the more environmentally sensitive area. The building footprint does not increase the impervious surface. The area does not increase with these changes whatsoever. And I will repeat what I said before, Heritage Park has 75 acres of open space, 276 homes,45 percent of its land is open space. The Ashville Park development has 247 acres of open space,three times the amount of open space in and around all of the community. And there is absolutely nothing that is occurring here that will have any negative values of anybody's home, be they in Ashville Park, or Heritage Park, or anywhere else in the Transition Area. I'll be happy to answer any questions. Jeff Hodgson: Are there any questions for Mr. Bourdon? Karen Kwasny: Mr. Bourdon, can you rearticulate again why the lots are moved from Village E to Village C, and the lots on Village E are enlarged? Eddie Bourdon: Yes. Village E previously had 16 additional lots. They were 12,000 square foot lots, all of them in Village E. We have shifted those lots from Village E to Village C because of infrastructure concerns, environmental concerns, and economics. Just simply having people in close proximity to the amenities that will be utilized throughout the life of this community. All that open space is enough for, I don't know, a golf course, and at least the produces some cash flow. Yet, all of this open space has to be Item#2 HOFD Ashville Park, L.L.C. Page 6 maintained by the owners;so,while the original plan,which can't be developed the way it was for the reasons I stated earlier, looks good on paper,the economic reality is that we have to have a vibrant community, and this will help ensure that vibrant community which is that way now and is because of HomeFed's coming in and picking up the pieces,so to speak. It is doing very well and will continue to do well. But that is the reason to,one of the reasons that, and what was stated earlier about avoiding the wetlands, is moving the development footprint from here. And this really did not expand the development footprint to any great degree at all. It was just in the same footprint and there is no reduction in the open space that is provided by Ashville Park to the adjacent properties on smaller lots in Heritage Park,where there is no open space external to their lot.Their lot lines go right to the shared boundary line of our property. Karen Kwansy: So 16 lots were moved from Village E to Village C? Eddie Bourdon: And five were moved from Village B at 7,200 square lots into Village C at 13,500 minimum square lots in Village C. Karen Kwasny: Why were they moved from Village B? Eddie Bourdon: One reason was to add more open space to Village B. Village B is a little, as everyone who has been out there is a little bit more cramped or crowded, so hopefully that makes It better for Village B to have more open space in Village B and to placed them in Village C and have the lots be essentially twice as large. Karen Kwasny: Okay. I have one more question. So, in terms of it meeting the Transition Area Guidelines, can you articulate that for me? Eddie Bourdon:We meet the Guidelines because we have more than 50 percent open space. We meet the Guidelines because the houses are very expensive houses, and we have added the fencing that the new Comprehensive Plan requires in terms of the open south fencing. So,there is certainly not anything in the Ashville Park plan that is not going to be good with the Comprehensive Plan. In fact, it is a "poster child"for what the Transition Area calls for, and this doesn't change that one bit. When we did,when I was involved with Heritage Park, Heritage Park was the first one out of the gate, and the staff opposed it, because it didn't' have 50 percent open space. The open space,they got over that hurdle, because of Equi-Kids, but Equi-Kids is a great amenity. It is a fantastic amenity. But it pays for itself. It is not a part of Heritage Park. It is something that everybody gets a view of. It is a pretty facility, but it is not a part of Heritage Park. Ashville Park doesn't have that ability to have somebody else pay for the open space, and we're adding to the open space, but we're making the open space that is in these villages,that has to be maintained weekly, more economical to maintain than the passive areas,the trail areas that are outside the villages themselves. Karen Kwasny: So you are agreeable to have discussions with the residents from Heritage Park? Eddie Bourdon: We are willing to meet with the folks of Heritage Park and attempt to, in part, better information with that. There is absolutely nothing that is occurring here, and you know as well as anybody, if HomeFed was thinking about doing anything that was going to diminish the value of the homes of Ashville Park,we'd have a whole of folks down here making that point loudly, and we don't. Item#2 HOFD Ashville Park, L.L.C. Page 7 Because that is clearly not is what is occurring here. But we are more than happy to go and speak with the folks at Heritage Park between now and city Council. Karen Kwasny: Okay. Thank you. Eddie Bourdon: Thank you. Jeff Hodgson: Are there any more questions for Mr. Bourdon? Thank you. We will now close the public hearing and open it up for discussion amongst the Commissioners. Mike Inman: Mr. Hodgson, I would say from what I heard there has been a tremendous amount of cooperation between the developer and a number of residents or representatives of Ashville Park to try and ensure that the integrity of the design is generally is upheld,that there is not a significant change, and that there is a reason for the change that we have been given. Especially with regards to the wetlands creation that was unintended and not created by the current developer. So, I understand the concerns of the neighboring property owners, but all in all, and from what I've seen, and the presentations we've seen and the documents that have been provided to us,there is a reasonable basis for the change, and it's not a significant modification. So, I would be in favor of approving the application. Jeff Hodgson: Is there anybody else? Karen Kwasny: Can I make a comment? Jeff Hodgson: Sure. Karen Kwasny: I think it is understandable that the neighboring community is not happy about the reduction in lot size, and the increase in density to Village C,which borders many of their properties. But I think that the 200 plus existing residences in Ashville Park have come to an agreement with the developers. I think the benefit to the application is that the large lots still border Heritage Park,and the lots that comprise Village E are now larger and address some environmental concerns on the edge of the property bordering Back Bay. I also know that in talking with the residents that a number of negotiated proffers were worked out with the developer,and there is a new kind of generation of trust developing between them, and I think that is a very good thing. And so perhaps this may be the last time we see HomeFed here for changes that would be nice, I'm sure,for all involved. And I think that the work they are doing together blends well. For this reason, I encourage further discussion, but for those reasons that I've put out, I recommend that we recommend approval of the Modification of Proffers. I would like to make a motion that we do so. Jeff Hodgson: A motion made by Commissioner Kwasny. Is there a second? Mike Inman: I'll second it. Jeff Hodgson: A second made by Commissioner Inman. Item#2 HOFD Ashville Park, L.L.C. Page 8 Stephen White: Mr. Chairman, does that motion include the two items that Mr. Bourdon spoke to about the additions to the Manual? Karen Kwasny: Yes. It includes those additions. The architectural guidelines. Stephen White: Okay. Thank you. Jeff Hodgson: Okay, I believe we are ready to vote. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY ABSENT RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission has approved the application of HOFD Ashville Park, L.L.C. Jeff Hodgson: Thank you. Os. J.• , .----t ,,..,;:'.-.=.,`,„4,.'I', ..,,,iii.i, :'',.,/,.,‘.,.. ''....--,,,':- :....-1:r'r:'1/4'7.::: . , t4 —11 ' ... ...�a,, illi ' `i �; Vii', : 1111 ' ., \ +ep ' •::s6 F(ii\' ' III -K4T41 . , • Ej� ,,,_ t � � ,4 _..e.+,ic.' c 4 '' .itt 1y r,.:1 c tb 1 rit *ti _ e . 1 0. . ' --r---\- r_. :,„... . 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I I r-y t CLI1 i j1 (71. 1 ri1 r — P�r Nu�y' f0 l si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant& Property Owner] Special Exemption for Alternative Compliance (Build-to requirement in Oceanfront Resort District Form-Based Code) at the property located South of 19th Street & east of N. Birdneck Road, extending south to 17th Street & east to just beyond Parks Avenue (SPORTS CENTER) (GPINs 2417661204, 2417760211, 2417763377, 2417769535, 2417866932), COUNCIL DISTRICT— BEACH. MEETING DATE: July 3, 2018 ■ Background: The request for a Special Exception for Alternative Compliance is to develop a 285,000 square foot Sports Center building complex and surrounding surface parking lots totaling 1,110 parking spaces. The proposed site layout does not meet the Oceanfront Resort District Form-Based Code's "build-to" requirement for a Civic Building type on a Gateway frontage. The prescribed form requires a building to be placed between 5 and 35 feet from the right-of-way (the build-to zone) along at least 50% of the site's street frontage. Since the proposed building footprint is entirely outside of the build-to zone, a Special Exception for Alternative Compliance is requested. The proposal contains designs for two primary facilities to house a variety of sports including basketball, volleyball, wrestling, gymnastics, cheer, field hockey and indoor track. The complex has been separated into two primary forms housing the competition courts and the track with lower spaces between and around the two forms housing support facilities. On a footprint of approximately 245,000 square feet, the maximum building height reaches 55 feet at the two ridges, while typical wall heights are proposed at approximately 35 feet. The exterior building materials include three colors of silver/gray metal panels and glass along with translucent polycarbonate panels. Each material has been selected to complement the materials of the adjacent Convention Center while providing durable, functional cladding for the facility. • Considerations: The Planning Commission concurred with Staff that the proposed use advances the goals and objectives of the Resort Area Strategic Action Plan and of the Form- Based Code with regard to pedestrian-oriented activities, compatibility with uses in the area, parking strategy for the district, etc. The Staff report addresses each of these review standards in more detail. The Planning Commission suggested City of Virginia Beach Page 2 of 2 consideration of an aesthetic treatment at the corner of 19th Street and Birdneck Road, such as an enhanced stormwater pond. They also commented on the importance of the building's appearance from 17th Street, as this is also an important gateway to the resort area. There was one speaker in support, but with comments. The speaker noted concerns related to stormwater and requested extensive plant material be installed along 17th Street to aid in screening the building and service functions, and expressed disappointment with the absence of articulation and architectural design elements on the building's façade that faces 17th Street. Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm- - • •ency: Planning Department City Manager: �l, - - - - - ) Applicant & Property Owner City of Virginia Beach Public Hearing June 13, 2018 1BCity Council Election District Beach Agenda Item 5 Virginia Beach Request ... • ugh"',4s.e4 ,. Special Exception for Alternative r t" ,� ohs- ill. 65 70 d8 Unl NL Compliance (Build-to requirement in ..-- ,,,�,r��� ; Oceanfront Resort District Form-Based Code) i3.90,"Staff Recommendation ; Approval va`hb i3.90," has v.c�^"a.a Staff Planner lir _---- -+ Ashby Moss ...---------, r .O. Location 0 OWO South of 19th Street& east of N. Birdneck Road, -0.ye extending south to 17th Street & east to just a t'o beyond Parks Avenue �PZ, Vn4CiMunRoad , 0111 �.�— e GPINs 4444,. If M4xtis Drape 2417661204, 2417760211, 2417763377, 2417769535, 2417866932 Site Size .- .� .t2`°a 421` s 14 +/-40 acres 2G`4 ,y..r- " ` - --- �- '.. 70-75 dB DNL *e f. • _ ,,, Watershed U j r � : ti ., 1, A1•- l '!� Chesapeake Bay (..1- '0, a Existing Land Use and Zoning District 3yt°' 'f;ee ..,-,,,,,,..--0; _ 0 4 �'S�_ ti Parking lots and vacant land/OR r s}= ,:r- Surrounding Land Uses and Zoning Districts i , :4.6.- .. �� North _ " '` �' ' Virginia Beach Convention Center, hotel, r.:4, r r la 't 9x apartments, fast food restaurant/OR •- 1- `4' ; •{ air ;�rt ,5;:, Oceanfront Resort, A-36 Apartment, RT-3 1 ',F �t i • - �y f$->I" f, Resort Tourist t ./' # Kik• -7.4k...-: ),,;r ,_ �attt 5,_ ►. .P ilk Y's- South r-;"1 -- T L Commercial uses, bulk storage, mobile home park/ B-2 Community Business, A-12 Apartment, RT-3 Resort Tourist East Virginia Beach Police, Fire & EMS Stations, commercial strip center/OR Oceanfront Resort West Church, auto repair/OR Oceanfront Resort City of Virginia Beach Agenda Item 5 Page 1 Background and Summary of Proposal • The request for a Special Exception for Alternative Compliance is to develop a Sports Center building complex and surrounding surface parking lots totaling 1,110 parking spaces.The proposed site layout does not meet the Oceanfront Resort District Form-Based Code's"build-to" requirement for a Civic Building type on a Gateway frontage.The prescribed form requires a building to be placed between 5 and 35 feet from the right-of-way(the build-to zone)along at least 50%of the site's street frontage. Since the proposed building footprint is entirely outside of the build-to zone, a Special Exception for Alternative Compliance is needed. • The proposed Sports Center will attract multiple sports-tourism events that the City has not been able to compete for in the past.Two primary facilities have been designed to house a variety of sports including basketball,volleyball,wrestling,gymnastics, cheer,field hockey and indoor track.The indoor track facility will e designed to current NCAA indoor track&field standards and includes over 4,400 spectator seats.The courts facility includes areas for spectator seating along with a mezzanine that includes seating and camping areas for teams.The complex has a kitchen and dining areas easily accessible between the courts and the track along with a training room,team meeting rooms, areas for coaches and recruiters, building administration and other support areas. • The total floor area of the facility is approximately 285,000 square feet on a footprint of approximately 245,000 square feet.The maximum building height reaches 55 feet at the two ridges,while typical wall heights are approximately 35 feet.To reduce the scale of the building perimeter,the complex is separated into two primary forms housing the competition courts and the track with lower spaces between and around the two forms housing support facilities.These forms have been strategically oriented around the adjacent water feature with the main entry to the facility accessed from 19th Street via a 30,000 square foot plaza overlooking the water feature.This strategy is inviting to visitors from all sides of the facility and encourages use of the parking to the west of the Center.The exterior building materials include three colors of silver/gray metal panels and glass along with translucent polycarbonate panels. Each material has been selected to complement the materials of the adjacent Convention Center while providing a durable, functional cladding for the facility.Additional site features such as wood decking at the main entrance, bollards and pedestrian scale lighting have been included to visually connect with the Convention Center.The lobby is open and inviting with views to the adjacent water feature and the entry plaza area. • Alternative Compliance to the Oceanfront Resort District (ORD) The Form-Based Code (FBC) is the zoning regulation for land use and development in the ORD,which prescribe specific building and design forms (i.e., build-to,transparency, height, setbacks, etc.).There are, however,two other sets of provisions under which property may be developed that provide greater flexibility as necessary. The first is the "Optional Forms of Development(OFD)," which is a by-right option administered by the City Staff that can be applied when the purpose of a prescribed form is fulfilled to an equal or greater degree by a different design solution.The second is"Alternative Compliance (AC),"which requires approval by the City Council in the form of a Special Exception. As the granting of a Special Exception by the City Council is a legislative act, Alternative Compliance allows for an even higher degree of flexibility than the Optional Forms o Development. Section 7.3.3 of the FBC provides the 'Review Standards' for these applications: A. Applications for Alternative Compliance shall be evaluated for consistency with the following standards, and the City Council, in deciding whether to allow Alternative Compliance, shall consider the extent to which the proposed development,taken as a whole: City of Virginia Beach Agenda Item 5 Page2 1. Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically,the extent to which the proposed development: a. Promotes modes of transportation other than the automobile, including walking and transit; b. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians; and c. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. 2. Is consistent with the intent of the regulations applicable to the street frontage in which it is located,as set forth in Sec. 2.1 of this code; 3. Is physically and functionally integrated with the built environment in which it is located; and 4. Advances the goals and objectives of the parking strategy for the District. B. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. `42�74 si oR r1-.. .. . Zoning History I,L J p"Ail # Request . 5.0 ipii 1 ALT(Arena)Approved 03/17/2015 a 2 ��01 MEV(Signs)Approved 03/17/2015 f' i --7\ OR s,� . d70 75 BONL ="'_,� —...31,4c3 2 STC(Jefferson Avenue)Approved 10/04/2005 ,_ `Q" _ !�> 1 �J1 _ 3 STC(Monroe Avenue)Approved 10/04/2005 .7.5''" '- -'• 4 STC(Washington Avenue)Approved 10/04/2005 'all 5,I. 7,9'2°t'r,� �,A �+i ''•O'` 5 STC(Norfolk Place)Approved 10/04/2005 _. / i ��r tri, 'VI R x 6 STC(alley east and west of Parks Avenue between 18th %s i•, i. ,' 110100.4- �'� �':'' St and 19th St)Approved 10/04/2005 (� /� ^ _� w ,-1 7 STC(Parks Avenue)Approved 10/04/2005 IA [ .. '��; k Ali.,.. Vii18 CUP(church-expand parking lot)Approved 12/03/2002 �' A'' TY, &.- z'{/ �. .1 gi •2 u tii ' -? f 9 STC(alley between Virginia Beach Blvd and 18th St) U B_z „w •,, �'. .i .1 + _�� ; . Approved 01/12/1999 ..k-18 ''$51-,A :+so� tiA . �� s 4 10 REZ(RT-3 to A-36)Approved 09/28/1999 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 I Evaluation and Recommendation The Oceanfront Resort District Form-Based Code regulates the use and development of land through a system of Street Frontages and Building Types.The streets surrounding the subject site are classified as"Gateway"Street Frontages, which permit the "Civic Building" building type that is proposed. However,the proposed building will not meet the "Build-To" building placement requirements for Civic Buildings,which require building(s)to be placed within 35 feet of each right-of-way and to occupy at least 50 percent of the street frontage.Therefore,this proposal requires City Counc I approval of a Special Exception for Alternative Compliance. City of Virginia Beach Agenda Item 5 Page 3 As noted in the Background section of this report, Section 7.3.3 of the FBC provides the 'Review Standards' for Alternative Compliance applications, noting that the City Council "shall consider the extent to which the proposed development,taken as a whole," satisfies the standards. Each of those standards is listed below,with a Staff comment pertaining to the degree to which the applicant's proposal meets each: Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code,and specifically,the extent to which the proposed development: • Promotes modes of transportation other than the automobile,including walking and transit.Staff Comment: This site will include an enhanced internal multi-purpose path and internal sidewalks linking the building's entrances to the exterior sidewalk and street network. Existing HRT bus stops on 17th Street/Virginia Beach Boulevard will be improved with a concrete pad for a future shelter. Sidewalks will be added where gaps currently exist along the perimeter streets. Bicycle parking and drop-off areas for ride-sharing services will be provided near building entrances. • Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians.Staff Comments:Enhanced pedestrian pathways will interconnect and integrate the Sports Center with the pedestrian plaza, Veterans Memorial, and Convention Center to create a vibrant and inviting community space. • Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place.Staff Comments: The Sports Center will provide a new facility properly equipped to handle the many sporting events and competitions that are already being held at the Convention Center plus new sporting events requiring specialized facilities that are currently not available. This will open up opportunities for more traditional events at the Convention Center, all of which will enliven this anchor of the Central Beach District. Both entities will work together to share parking and coordinate events to improve the visitor experience at both facilities. • Is consistent with the intent of the regulations applicable to the street frontage in which it is located,as set forth in Sec. 2.1 of this code.Staff Comments: The site is bordered by the Gateway frontage type, which is the Oceanfront Resort District's most automobile-oriented frontage intended to carry the heaviest volumes of vehicular traffic through the district. This is consistent with the proposed use, which will draw visitors arriving predominately by automobiles. • Is physically and functionally integrated with the built environment in which it is located.Staff Comments:As another large venue building, the proposed Sports Center is compatible with the Convention Center both in scal and use. The two buildings are offset just enough to improve the sense of place without overpowering the site i one location. Similarly designed outdoor amenity spaces and pedestrian paths tie the two facilities together. • Advances the goals and objectives of the parking strategy for the District.Staff Comments: The 1,110 surface parking spaces included with the Sports Center project combined with the remaining Convention Center spaces total 2,463 spaces. This shared resource provides a significant contribution to the City's parking inventory. In addition to supporting Sports Center and Convention Center events, the parking areas also offer an opportunity for satellite parking during special events at the oceanfront that do not conflict with Sports Center/Convention Center events. In addition, the site will accommodate alternative modes of transportation, including pedestrian , bikes, buses, and ride-sharing services. • The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated.Staff Comments: The proposed deviation from the FBC is the absence of buildings within the build-to zone on the various street frontages. The purpose of the build-to requirement is "to activate the street frontage by locating building facad s close to the street, thereby providing an interesting, pedestrian-oriented streetscape"(p. 7-4 ORDFBC). Deviatin from this requirement does not adversely impact surrounding properties due to the level of activity that will be generated by the Sports Center programming and facilities. The Sports Center will draw visitors year round, City of Virginia Beach Agenda Item 5 Pagel4 directly addressing one of the most challenging goals of the Resort Area Strategic Action Plan. The code deviation is further mitigated by new and refreshed outdoor amenity spaces throughout the site and generous landscape buffers between the parking lots and streets. Based on the conclusion that the proposed use and associated structures satisfy the standards above to the greatest extent possible, Staff recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code. Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP),adopted in December 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District.The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth.The RASAP recommends creating great districts with distinctive identities, improving transit and pedestrian connections between destinations, creating a transition from the resort to the neighborhoods,and continuing to focus on achieving a year-round resort.The RASAP also calls for a district parking strategy with centralized and shared parking to alleviate growing traffic demand, reduce surface parking, and concentrate traffic flow. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 19th Street (Four-lane undivided minor 4,827 ADT 1 14,800 ADT 1(LOS°"C") urban arterial) 22,800 ADT 1(LOS°"D") Virginia Beach Boulevard 1 4„ „ (Four-lane undivided minor 10,412 ADT 1 14,800 ADT (LOS C ) Existing Land Use 2—0 AD— urban arterial) 22,800 ADT (LOS°"D") Proposed Land Use 3-unknown Parks Avenue 13,100 ADT 1(LOS 4"C") AD— (Four-lane undivided collector) 1,392 ADT 1 20,700 ADT 1(LOS°"D") Birdneck Road 14,800 ADT 1(LOS°"C") (Four-lane divided minor urban 33,668 ADT 1 22,800 ADT 1(LOS°"D") arterial) 27,400 ADT 1(LOS°"E") 1 Average Daily Trips 2as defined by parking lot 3as defined by Sports Center(not °LOS=Level of Service to support Convention included in ITE Manual) Center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 19th Street in the vicinity of this application is considered a four-lane undivided minor urban arterial. The existing infrastructure currently resides in an 80-foot&variable width right-of-way. It is not included in the current MTP. Currently,this segment of roadway is functioning under capacity at a Level of Service C or better. Virginia Beach Boulevard in the vicinity of this application is considered a four-lane undivided minor urban arterial. Th existing infrastructure currently resides in a variable width right-of-way. The MTP proposes a four-lane facility within a 145-foot right-of-way. Currently,this segment of roadway is functioning under capacity at a Level of Service C or better. Parks Avenue in the vicinity of this application is considered a four-lane undivided collector. The existing infrastructure currently resides in a 60-foot right-of-way. It is not included in the current Master Transportation Plan. Currently,this segment of roadway is functioning under capacity at a Level of Service A. City of Virginia Beach Agenda Item 5 Page 5 Birdneck Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The existing infrastructure currently resides in a variable width right-of-way. The MTP proposes a six-lane facility within a 165-foot', right-of-way. Currently,this segment of roadway is functioning over capacity at a Level of Service F. There are no roadway CIP projects slated for the immediate area surrounding the Sport Center. Public Utility Impacts Water This site is currently connected to City water.There are several City water mains along the streets surrounding the subject site. The existing infrastructure has adequate capacity to serve the proposed Sports Center. Sewer This site is currently connected to City sanitary sewer. Pump Station#114 is the receiving sanitary sewer pump station for this site.There is a City sewer main along 19th Street fronting the subject site.The existing infrastructure has adequate capacity to serve the proposed Sports Center. City of Virginia Beach Agenda Item 5 Page 6 Proposed Site Layout x { l ,11 l 1 1! I arn�AYNOIQNHSYM I I;:;I I ! _ __ - - i ', , 11111' h I ,,I -1 1 .." j: $,_Fr I' T '_l I , II .! I l L (: ill -11 l h- I — I' .. t 1 -' , 11 _(- r 1 1 1111 d . — i �� � fII iii % III 11' ' _ I I fl I f f� _ ' 11. _�I o • [a, 1 II n>r'; I 111114•0102111114•01024. I II- 1 r.it'. I (i 1 r I 1 I , I "4 r lif - 'IAC ti' tit I g. j IX� Igo I — I) 4, 1--- - ( :‘,: - 1 , lc I , !- / - 11uiu, ,1 a. N w s,. •i ,f w � s. p I 1 g w '�' �� o - ce ,���''''''''' •1.�` t 1 l' I Uw 1 - Q f • °f m < 4iIIi ' a • r' ' i1t City of Virginia Beach Agenda Item 5 Page 7 Proposed Site Layout 11 . . ,i �._ _ E I it _ ::41, �` itE ofte.rm I ' ,I T1 ' - — a • fl ��l�dd r A p Il f r 1 -y.ads Y..1r g a,` ( . I I. ill . ww_ • +� '' �,� „�� . lilt 1111 11 I I I g 1 ill ' e 1 ; 7 1 '` I [ I 1 ai n a7.4 ' r - Jr ,.:it.tii7l44.4i--;) ,„41 1 - � '•�. : �a�r' :41:11:11:L116:1111111111111111E ` f K / - .•tiit- - -- ..•".., ,— c",ill- - 8 /1; ‘ 4 ! 4 I 04z, 4 11 :.1.. / ' 4,,,., ',10 s,......, its ,...„__ it , #o) ozo - Z > W � J 'k oaf Z z •. �� e Q = k r �r i k <,___. / r 1 _- 1 1 • City of Virginia Beach Agenda Item 5 Page 8 Proposed Elevations rS r' 1 a `i � f ,er El . �J� Me ..- t 1 Mc'. J • )1. • w i•'•. t 1 �' /..:•.r ra 4 .--`•,,,,,I.- ! j 1 i: ,ti ..7 age^ 7.7 • _ 1 pyx ,..P4 ,'1 : . - 4.4t . .-1,,p_. t'-. f i ( .., • , •,,;„,:. ' .._ss 4114 "1:v- 1.-7--1. f r' Ly \ ., � 4, ., 'i.., _ t ,�' tj �-, IIA.� t� - - City of Virginia Beach Agenda Item'5 Page'9 Proposed Elevations ' � i i irNH ,_, , Mt ''';'-''---.-=-:_=,__,_,,,;11:.. : t z-..i.......,- 114: ;.A.,. :,. . r 4.1-4g0;;----'2n '= Ar f- 6 City of Virginia Beach Agenda Item 5 Page 10 Site Aerial t 4-' IP ' - w „>*. L SP .tatT.i , , ,,,/.1. 1:,.‘, ,.. it,_'_-.1.r....___.• .-,,... , ::- - :i,, --.4_, _'''', ' ---'''S:.Pc."P-.: 0-) .— \ .S..11 .o"-� '' .: .f-.1;1111111' t..-'–'n .......'.., '' ._. .......: ' k .': 'lie 41, f ... ..4, it ti.i < -411PIP.-•, '-..„ '' 11 ,._,-,ti: f 4,',c,, ;1 •-,'..:It e .- - is 1 s ` ., `„ ` - 4,-..i { LC• , ,,. , 9 . .. , ..,.._.. _ : ‘,.:.,.. ._. 4,.,k 46.'''''';-::-}',.'‘ 4r.- . ,--..-.'-.. - ,.\ r.l 3 `-' I: ' - ', -*4' :V .` „ ''IP - . 1003f„, ,.1 $ •;ef` rri # .. :S f.1044. s r �. %1 §f , t _ - .# ;- ;74F,•=.71,'"" 4 • w, 4/‘ µ ri iii41.4 - t' ,- fit• i►i.'"_ - Sv._". City of Virginia Beach Agenda Item 5 Page 11 Disclosure Statement Uty cj Virginia Beach APPLICANT'S NAME City of Virginia Beach 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 eIIOMIMnnMMMMPP 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• �� �` qr. NO CHANGES AS OF DATE • �"14't�•" 0 REVISIONS SUBMITTED DATE City of Virginia Beach Agenda Item 5 Page 12 Disclosure Statement No. Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:City of Virginia Beach If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes.' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, 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 City of Virginia Beach Agenda Item 5 Page 13 Disclosure Statement 1/33 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 City of Virginia Beach Agenda Item 5 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/ Land Planner Hanbury Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed O x purchaser of the subject property (identify purchaser(s) and purchaser's service providers) �X Construction Contractors MEB General Contractors • nEngineers/Surveyors/Agents Clark Nexsen Financing (include current ❑ n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ E Legal Services Real Estate Brokers / • E Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 City of Virginia Beach Agenda Item 5 Page 15 Disclosure Statement 1A3 Virginia Beach _ s CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. -, Ko,. � to ( '• f'i✓ILavgAes-r, 5 6/7 A S SIGNATURE PRINT NAME D� Page 5 of 7 City of Virginia Beach Agenda Item 5 Page 16 Item#5 City of Virginia Beach Special Exception for Alternative Compliance 19th Street District—Beach June 13,2018 APPROVED Carol Dozier: The first item to be heard today will be item number 5, the City of Virginia Beach, an application for Special Exception for Alternative Compliance build to requirement in Oceanfront Resort District Form-Based code on property located south of 19th Street and east of North Birdneck Road extending south to 17th street and east to just beyond Parks Avenue. We have one speaker in opposition on this matter. Ms. Oliver: You want to just come up and go ahead and come on up and then read it and explain it. Ms. Moss: Hello Ashby Moss with the City of Virginia Beach SGA office. This application is for Special Exception for Alternative Compliance to develop a sports center building complex and surrounding surface parking lots. The proposed site layout does not meet the Oceanfront Resort District Form-Based code build-to requirement for a civic building type on a gateway frontage. The prescribed form requires a building to be placed between 5 and 35 feet from the right-of-way which is what the build-to zone is along at least 50%of the side street frontage. Since the proposed building footprint is entirely outside of the build-to zone, a special exception for alternative compliance is needed. Sports center will attract multiple sports tourism events that the city has not been able to attract before. It has two primary facilities, to house of variety of sports including basketball, volleyball, wrestling, gymnastics, cheer, field hockey and indoor track. The indoor track is designed to current NCAA indoor track and field standards and includes over 4,400 spectator seats and the courts facility includes areas for spectators seating along with the mezzanine that includes seating and camping areas for teams. The complex also has a kitchen and dining areas,training room,team meeting rooms, areas for coaches and recruiters,building administration and other support areas. So with the Special Exception for Alternative Compliance, the Form- Based code outlines different standards to show that the application advances the stated goals and objectives of the resort area strategic action plan and this item has been reviewed and satisfies these standards, so staff is recommending approval. Ms. Oliver: Great, thank you. Is anybody has any questions for Mrs. Moss or comments? Alright, okay thank you. Carol Dozier: Okay we will call Tom Musumeci. Please state your name for the record sir? Mr. Musumeci: Good afternoon, my name is Tom Musumeci. I live at 1008 Coastaway Drive for the last 22 years and I am the chairperson of the Sea Bridge Square Civic Association. Sea Bridge Square is a small neighborhood directly across 17th street from the proposed building. We just have a couple of concerns overall we support the field house, but we are really concerned that the back side of the building is coming right of the 17th street. I mean our best end case is if the building would rotate and the backside of the building with the loading docks phase Birdneck 1 Road, given that's probably not going to be a great possibility. We want to make sure that there is a whole lot of landscaping that kind of screens us. We don't want to come in out of our neighborhood and look at the loading dock every day. I know that the reports talks about generous landscaping. I would say overly,overly generous landscaping would really be what we are looking for. We have a couple of other concerns too. The building looks extremely blank. I know that when the City was considering the arena, I mean, it was a really detailed rendering of what that building was going to look like and when you look in the staff report, the backside of that building is just blank, so you know, I would like to see some architectural rendering, some real, something to make that building look attractive. I think the other issue that we have is the stormwater drainage. You know, this going to be a whole lot more impervious surfaces and I am not an expert on this but it seems to me that there should be a BMP over there somewhere to kind of help with the stormwater runoff. So those are really our concerns. We would like to see a much more detailed rendering of the building; we want to make sure that 17th street is protected. I think everybody in the city has high hopes for the redevelopment of 17th street and I think there is going to be some projects coming forward that can help with that so between that and the stormwater runoff, those are the issues that we are really concerned about and I would like to answer any questions. Ms. Oliver: Anybody have any questions? Thank you very much. Yes, Mrs. Moss. Ms. Moss: I spoke with Mr. Musumeci prior to this, he shared his concerns about the appearance of the building which I believe you also expressed earlier. The appearance of the building from 17th street so we are not at the stage yet where we have that detail on the building elevation from that side but we will certainly pay close attention to that. There are also some requirements in the Form-Based Code that require that mechanical equipment to be completely screen from view from the right-of-way and also prohibits a blank wall to continue horizontally or vertically for more than 30 feet. So it would need to have a change in building materials or change in the building plan, so at a minimum we will be meeting those requirements plus I think there are some exterior building materials they can put especially on the upper part of the building that would be visible from above the landscape screen. The BMP, we did not talk about that one but stormwater will meet regulations so they are adding a new BMP in addition to the stormwater pond that's already there so that will all be addressed with the site plan review and I think that was it. Ms. Oliver: Thank you. Mr. Ripley: Ashby I am glad to hear that you are treating the elevations with some relief breakup, elevation relief, I was going to suggest that we are very minimally look at the design criteria for the big boxes that were developed and you probably can meet everything that's in there but that was a big concern with big boxes and making sure that the architectural relief designed into it and so hopefully, if we are asking the public to do that, I think the city also look at that as well. Ms. Moss: Okay. Ms. Oliver: Any other questions? Mr. Horsley: I have a question. Ashby can you tell me what spurred you to put this in this location? 2 Ms. Moss: No. I think well, it's kind of a symbiotic use with the convention center and it is going to accommodate a lot of the sporting events that previously have been held in the convention center so and you know this has the space to accommodate it. There is the hotel infrastructure already in place to accommodate guests that come for overnight stays so it really does work hand in hand with the convention center which is right across the street. Mr. Horsley: Okay thank you. Ms. Oliver: Okay thank you. We will close this session now for discussion among the commissioners. Yes. Mr. Hodgson: I don't want to beat a dead horse,but the concern that we talked about this morning and former was the back of this building, I met with the some of the stakeholders that own a significant amount of property on 17th Street and their concern was how to make the back of this building not look like the back of this building and Ric is not in here so I don't think he can tell me I'm wrong which maybe but I believe 17th Street is a much more heavily travelled gateway than 19th Street, am I right in that Barry I believe. Ric is here. Is it 17th Street is much more significantly traveled than 19th Street. Rick: Yes. Mr. Hodgson: Okay thank you, you are hiding, but this is the back of the building and 17th Street is kind of going through a much needed facelift in just in the last couple of years and hopefully it's going to continue back towards this new facility and it would be an absolute shame to just have a giant metal wall along the Boulevard. So I would really like to see like Ron mentioned some elevations something showing us, so just giving some satisfaction that this is going to not look like what I am seeing right here. So that's my biggest concern and like I said I met with some of the property owners that have a considerable amount of property there and that was their concern because they want to redevelop their parcel and they don't want to just be looking at the back of the building. Ms. Oliver: Jan. Ms. Rucinski: I also have that same concern and thinking that maybe this is an opportunity for a local artist to do some kind of rendering that could give some real character and real charm to that building like they have done you know in other locations and I know there is a couple of hotels down at the beach that have those big murals and stuff on that so I mean that might be something else. Mr. Hodgson: Well this is leading into the ViBe district which is what we're kind of calling our arts and crafts district where we are doing a lot of murals, so I mean I say that's not a bad idea at all that's maybe someone need to look at it. Ms. Rucinski: So that might be a way that to also make it look more than what it is. Ms. Oliver: Yeah and I think that 31' Street is a gateway into the City so is 17th,Route 58 and so as we start to develop it and as we have been developing it, it's real important that this building has that presence on the south side of it as it does on the north side of it without a doubt. Yes Jack. Mr. Wall: You know we talked about the aesthetics of the structure but you know in terms of the aesthetics of the whole site, I think it would be nice if the you know for the record if the city 3 II you know public works department you know consider the corner of the 19th and Birdneck and then we have parking, you know all the way up against Birdneck and it is shown in the site layout to be all the way up against the corner of Birdneck and toward the 19th Street, but some kind of aesthetic feature you know even to the loss of parking spaces, I think would be a benefit or a betterment to the development. So you know possibly a water feature and maybe not something that supporting the stormwater management but maybe something that could support the stormwater management, something that could support maybe the latest stormwater management regulations that could potentially apply to the site. Ms. Oliver: Yeah I like that. It would be great,anything else? No, alright,so we have a motion? Mr. Hodgson: I will make a motion to approve agenda item number five. Ms. Oliver: We have second. Mr. Weiner: Second. Ms. Oliver: Great thank you. Motion made by commissioner Hodgson and seconded by commissioner Weiner. Call for the question. Carol Dozier: By recorded vote of 10-0, item number five City of Virginia Beach has been approved. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL AYE WEINER AYE 4 0eti7, A. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTIONS 102, 111, 401, 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY ZONING ORDINANCE AND SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT FORM-BASED CODE AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY ZONING ORDINANCE PERTAINING TO DEFINITON, REQUIREMENTS AND USE OF HOME SHARING AND SHORT TERM RENTALS [ALTERNATIVE 1] MEETING DATE: July 3, 2018 • Background: At the request of Mayor Jones, staff has prepared a Short Term Rental 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 Council voted to defer consideration of STRs on June 5, 2018. While discussing STRs at the informal session of June 26, 2018, City Council indicated the desire to draft a new STR ordinance that would be sent to Planning Commission for their consideration. Staff's recommendation at the informal session was that all STR ordinances previously presented and referred from the Planning Commission be denied in order to allow consideration of the new ordinance to be referred by the Council to the Planning Commission at a future date. 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 City of Virginia Beach —Short Term Rental Alternative 1 Page 2 of 2 version of Alternative 2 was also voted on at the Planning Commission; however, it was not approved. • Considerations: This amendment would establish definitions and requirements for home sharing and short term rentals. 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 did not support the use of an overlay district or of Conditional Use Permits to regulate Short Term Rentals. • 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 Denial based on June 26, 2018 Workshop. Planning Commission recommends Denial. Submitting Departmen • = cy: Planning DepartmentI :lir_ A City Manager: 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 (jJ Shore Drive Corridor Overlay District ("SD"); 46 47 (2) North End Overlay District ("NE"); 48 49 (3) Old Beach Overlay District ("OB"); 50 51 (4) Historic Kempsville Area Overlay District ("HK"); 52 53 (5) Workforce Housing Overlay District ("WF"); and 54 55 (6) Short Term Rental Overlay District ("STR"). 56 57 Such districts shall be designated on the official zoning map by the an 58 appropriate notation 4S-Dir 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 - : - •e - -- - -- e ••-•. e-•-- - - - - _ _ e „ , " - e.•-- •- • 65 - - - - e - - -e- •-e - e - ' - - - - -, - cc- - _ . . -- • 66 e • - -e - - P"- -e- - -- - e" e- e - •e -. -e67 on the official zoning map as having the classification "R 5R(NE)." 68 69 (a3) There is hereby established the Old Beach Overlay District. Such district 70 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 e - a' . •e r - a _ - - •- a. e - •• - - - - - -- 73 official zoning map as having the classification "R 5D(OB)." 74 75 ._ _ ' -- -e - _ e ' - _ -- -' _ ' -• _ - - - _ �. - . 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 - -. 1 _ _ !. - - - _e •• •• _ •• - 79 District shall be designated on the official zoning map as having the classification "B 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 85 e - - ' - - - - - - - - • - ! _ .. - - - - -- • - 86 the official zoning map as having the classification "B 4(WF)." The Workforce Housing 87 e _ B• - - • - e e e.. a • . . •e - - - - .' • • 88 - - - - - '- e e - - _ - e-_- - - e e -e ee - - 89 Workforce Housing Overlay-District as an overlay to the underlying zoning classification 90 of the property. 91 2 92 . . . . 93 94 Sec. 111. Definitions. 95 96 . . . . 97 98 Home sharing. A dwelling in which a room or rooms are offered for rental for 99 compensation for a period of thirty (30) consecutive days or less by an owner who 100 utilizes the dwelling as his principal residence and occupies the dwelling during any 101 such rental period. 102 103 . . . . 104 105 Hotel and motel. A building or group of attached or detached buildings containing 106 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units., 107 and for which compensation is exchanged for short-term occupancy of the dwelling or 108 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 109 registration and keeping of records relating to hotel guests. This term ass„ incl,„jos 110 motels. 111 112 . . . . 113 114 Principal residence. Principal residence shall be the location where a person 115 lives fifty (50) percent or more of the time. A person shall not have more than one (1) 116 principal residence. 117 118 . . . . 119 120 Short term rental. A dwelling that does not meet the definition of home sharing in 121 which a room or rooms, or the entire dwelling are rented for thirty (30) consecutive days 122 or less for compensation. 123 124 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 125 ALL DISTRICTS 126 127 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 128 PARKING, OFF-STREET LOADING, AND CERTAIN USES 129 130 . . . . 131 132 Sec. 209.6. Home sharing. 133 134 1. All parking must be provided on the property in which the home sharing is 135 located; 136 3 137 2. No noise shall be created in excess of what is normally expected in a 138 residential neighborhood; 139 140 3. No additional traffic shall be created in excess of what is normally expected 141 in a residential neighborhood; 142 143 4. The owner must provide contact information sufficient to allow the city to 144 communicate with the owner occupying the dwelling at all times during the 145 rental period; 146 147 5. To the extent permitted by state law, each dwelling offered as a home share 148 must maintain registration with the Commissioner of Revenue's office and 149 pay all applicable taxes. Adjudicated violations of three (3) applicable local, 150 state or federal laws or regulations may result in the revocation of said 151 registration; 152 153 6. There shall be posted in a conspicuous place within the dwelling the 154 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 155 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 156 (fireworks); 157 158 7. All refuse shall be placed in automated refuse receptacles, where provided, 159 and comply with the requirements of City Code Sections 31-26, 31-27 and 160 31-28; 161 162 8. There shall be no more than one (1) rental contract during any consecutive 163 seven (7) day period; 164 165 9. The owner shall provide proof of liability insurance applicable to the rental 166 activity of at least one million dollars ($1,000,000.00) underwritten by 167 insurers acceptable to the city; 168 169 10.A11 emergency exits in the structure shall be clearly marked; and 170 171 11.The City may inspect the property at any reasonable time, after notice, to 172 verify compliance with the provisions listed above. 173 174 C. CONDITIONAL USES AND STRUCTURES 175 176 . . . . 177 178 Sec. 241.2 Short term rental. 4 179 180 1 . All parking must be provided on the property in which the short term rental is 181 located; 182 183 2. No noise shall be created in excess of what is normally expected in a 184 residential neighborhood; 185 186 3. No additional traffic shall be created in excess of what is normally expected 187 in a residential neighborhood; 188 189 4. No events with more than fifty (50) people present, shall be held absent a 190 special events permit. Events with more than fifty (50) people are limited to 191 no more than three (3) events in a calendar year. No more than one 192 hundred (100) people shall be present at any event held on the property; 193 194 5. The owner or the owner's agent must be identified and able to be present 195 on the site within thirty (30) minutes of being contacted at all times during 196 the rental period; 197 198 6. No signage shall be on site, except that each short term rental is allowed 199 one (1), one-foot by one-foot sign, posted on the building, that identifies the 200 short term rental; 201 202 7. To the extent permitted by state law, each short term rental must maintain 203 registration with the Commissioner of Revenue's office and pay all 204 applicable taxes. Adjudicated violations of three (3) applicable local, state 205 or federal laws or regulations may result in the revocation of said 206 registration; 207 208 8. There shall be posted in a conspicuous place within the dwelling the 209 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 210 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 211 (fireworks)., 212 213 9. All refuse shall be placed in automated refuse receptacles, where provided, 214 and comply with the requirements of City Code Sections 31-26, 31-27 and 215 31-28; 216 217 10.There shall be no more than one (1 ) rental contract during any consecutive 218 seven (7) day period; 219 5 220 1 1.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.AII 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 sharinq meeting the requirements of section 209.6 P P Short term rental C C Short term rental within the STR Overlay District P P 242 243 (b) Accessory uses and structures. Uses and structures which are customarily 244 accessory and clearly incidental and subordinate to principal uses and structures, 245 including but not limited to, an accessory activity operated for profit in a residential 246 dwelling unit where (i) there is no change in the outside appearance of the building or 247 premises or any visible or audible evidence detectable from outside the building lot, 248 either permanently or intermittently, of the conduct of such business except for one (1) 249 nonilluminated sign not more than one (1) square foot in area mounted flat against the 250 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 251 by such activity in greater volumes than would normally be expected in the 6 252 neighborhood, and any need for parking generated by the conduct of such activity is 253 met off the street and other than in a required front yard; (iii) the activity is conducted on 254 the premises which is the bona fide residence of the principal practitioner, and no 255 person other than members of the immediate family occupying such dwelling units is 256 employed in the activity; (iv) such activity is conducted only in the principal structure on 257 the lot; (v) there are no sales to the general public of products or merchandise from the 258 home, except for agricultural products, or agricultural-related products, incidental to an 259 agricultural operation on which the dwelling unit is located; and (vi) the activity is 260 specifically designed or conducted to permit no more than one (1) patron, customer, or 261 pupil to be present on the premises at any one time. Notwithstanding the provisions of 262 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 263 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 264 persons on the premises at any one time in connection with the performance of such 265 rites, provided that all other requirements of subdivision (b)(2) are met. The following 266 are specifically prohibited as accessory activities: Convalescent or nursing homes, 267 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 268 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 269 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 270 accessory use to the dwelling. 271 272 273 274 ARTICLE 5. RESIDENTIAL DISTRICTS. 275 276 . . . . 277 278 Sec. 501. Use regulations. 279 280 (a) Principal and conditional uses. The following chart lists those uses permitted 281 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 282 respective residential districts shall be permitted as either principal uses indicated by a 283 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 284 shall be prohibited in the respective districts. No uses or structures other than as 285 specified shall be permitted. 286 Uses Residential Districts R- R- R- R- R- R- R- R- � R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 7 Home sharing meeting the p p p p P P P P P P requirements of section 209.6 Short term rental CCCCC C C C C C Short term rental within the STR PPPPPPPPPP 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 i Home sharing meeting the requirements of section 209.6 PPP P Short term rental CCCC Short term rental within the STR Overlay District PP P 315 316 (b) Accessory uses and structures. Uses and structures which are customarily 317 accessory and clearly incidental and subordinate to principal uses and structures, 318 including but not limited to: 319 320 . . . 321 322 (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 Use B- B- B- B- B- B-1 1A A 2 1 3 4 4C 4K Home sharing meeting the requirements of section X X XXP P P 209.6 9 Short term rental X X XXCC C Short term rental within the STR Overlay District X X X XP 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 dwellinq 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; and 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 ) Home sharing meeting the requirements of section 209.6; and 373 374 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 i P Short term rental Short term rental within the STR Overlay District P 468 469 (b) Accessory uses and structures : Uses and structures which are customarily 470 accessory and clearly incidental and subordinate to the principal uses and structures; 471 provided, however, that drive-through facilities shall not be permitted as an accessory 472 use: 473 474 . . . . 475 476 (2) Rental of rooms in a dwelling or the entire dwelling for more than 30 477 consecutive days is an accessory use to the dwelling. 478 479 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 480 481 . . . . 482 483 B. - DEVELOPMENT REGULATIONS 484 485 . . . . 486 487 Sec. 2203. - Use regulations. 488 489 (a) The following chart lists those uses permitted within the Central Business Core 490 District. Uses and structures shall be allowed either as principal uses, indicated by a 491 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 492 shall be prohibited, unless allowed by special exception for Alternative Compliance 493 pursuant to Section 2205. No uses or structures other than as specified herein or as 494 allowed pursuant to subsection (b) shall be permitted. 495 Use District CBC Home sharing meeting the requirements of section 209.6_ P 13 Short term rental C Short term rental within the STR Zoning District P 496 497 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 498 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 499 use permitted by this section, either as a principal or conditional use. In determining 500 whether a proposed use is similar to a listed use, the Zoning Administrator shall 501 consider (1) the actual or projected characteristics of the proposed use in comparison 502 to those of the most similar listed use; and (2) the categorization of the proposed use 503 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 504 rooms in a dwelling or the entire dwelling for more than thirty (30) consecutive days is 505 an accessory use to the dwelling. 506 507 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 508 509 . . 510 511 Sec. 5.2. Permitted Use Table. 512 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground 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.e Short term rental _ L _ _ L L L -- 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: ...- A A AL. a4.1 LA6szDk\J Planning D• partment111 City Attorney's0 ice CA14135 R-10 November 2, 2017 15 _ �2 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: July 3, 2018 ■ Background: At the request of Mayor Jones, staff has prepared a Short Term Rental 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 Council voted to defer consideration of STRs on June 5, 2018. While discussing STRs at the informal session of June 26, 2018, City Council indicated the desire to draft a new STR ordinance that would be sent to Planning Commission for their consideration. Staff's recommendation at the informal session was that all STR ordinances previously presented and referred from the Planning Commission be denied in order to allow consideration of the new ordinance to be referred by the Council to the Planning Commission at a future date. 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 voted on at the Planning Commission; however, it was not approved. 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. • 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 Denial based on June 26, 2018 Workshop. Planning Commission recommends Denial. • . Ai Submitting De. • • en ge`ncy: Planning Departme City Manager: ` `Ova' 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE DESIGNATION AND 3 INCORPORATION OF PROPERTY INTO THE 4 SHORT TERM RENTAL OVERLAY DISTRICT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That the official zoning map of the City of Virginia Beach be, and hereby is, 13 amended by the designation and incorporation of the areas attached hereto and made a 14 part hereof, having been, displayed to City Council and on file in the Department of 15 Planning as the short term rental overlay district. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Dep.rtment City Attorney's Office CA14137 R-2 February 15, 2018 nil 42; 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ADD ARTICLE 23, CONSISTING OF SECTIONS 2300 THROUGH 2303, (SHORT TERM RENTAL OVERLAY DISTRICT) TO THE CITY ZONING ORDINANCE ESTABLISHING REGULATIONS AND REQUIREMENTS PERTAINING TO SHORT TERM RENTALS MEETING DATE: July 3, 2018 • Background: At the request of Mayor Jones, staff has prepared a Short Term Rental 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 Council voted to defer consideration of STRs on June 5, 2018. While discussing STRs at the informal session of June 26, 2018, City Council indicated the desire to draft a new STR ordinance that would be sent to Planning Commission for their consideration. Staffs recommendation at the informal session was that all STR ordinances previously presented and referred from the Planning Commission be denied in order to allow consideration of the new ordinance to be referred by the Council to the Planning Commission at a future date. 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 voted on at the Planning Commission; however, it was not approved. 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 Staffs evaluation are provided in the attached Staff report. Opposition was present at the public hearing. Planning Commission did not support the use of an Overlay District or of Conditional Use Permits to regulate Short Term Rentals. • Recommendations: City Staff defers to Planning Commission. The Planning Commission passed a motion by a recorded vote of 11-0, to recommend denial of this request. • Attachments: Staff Report Ordinance Recommended Action: Staff recommends Denial based on June 26, 2018 Workshop. Planning Commission recommends Denial. Submitting Dep• • en ncy: Planning Department, e'V;otti, AV City Manager: 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: :li . MEI a anning Department Ci Attorne ' sffice CA14136 R-3 February 15, 2018 2 Applicant City of Virginia Beach Agenda Items Public Hearing February 14, 20181411VB 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 Ordinance 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 City of Virginia Beach Agenda Items D1 & D2 Page 2 Ordinance 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 Lai 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 u Short term rentals shall be a permitted use, if they comply with the 61 requirements of City Zoning Ordinance 241.2. 62 Adopted by the Council of the City of Virginia Beach, Virginia,on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning D rtment11) City Attorney's Office CA14136 R-2 October 24,2017 2 City of Virginia Beach Agenda Items D1 & D2 Page 3 Ordinance 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE DESIGNATION AND 3 INCORPORATION OF PROPERTY INTO THE 4 SHORT TERM RENTAL OVERLAY DISTRICT 5 6 WHEREAS,the public necessity,convenience,general welfare and good zoning 7 practice so require; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH,VIRGINIA: 11 12 That the official zoning map of the City of Virginia Beach be, and hereby is, 13 amended by the designation and incorporation of the areas attached hereto and made a 14 part hereof, having been, displayed to City Council and on file in the Department of 15 Planning as the short term rental overlay district. Adopted by the Council of the City of Virginia Beach, Virginia,on the day of ,2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tanning partment City Attorney's Office CA14137 R-1 August 30,2017 City of Virginia Beach Agenda Items D1 & D2 Page 4 Applicant City of Virginia Beach Agenda Items Public Hearing February 14, 2018 Short Term Rentals 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 Ordinance 1 ALTERNATIVE 1 2 3 4 AN ORDINANCE TO AMEND SECTIONS 102, 111, 401, 5 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 6 ZONING ORDINANCE AND SECTION 5.2 OF THE 7 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 8 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 9 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 10 REQUIREMENTS AND USE OF HOME SHARING AND 11 SHORT TERM RENTALS 12 13 Sections Amended: City Zoning Ordinance Sections 102, 14 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 and 15 Oceanfront Resort District Form-Based Code Section 5.2 16 17 Sections Added: City Zoning Ordinance Sections 209.6 and 18 241.2 19 20 WHEREAS,the public necessity,convenience,general welfare and good zoning 21 practice so require; 22 23 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 24 BEACH,VIRGINIA: 25 26 That Sections 102, 111, 401, 501. 601, 901, 1110, 1125, 1521, and 2203 of the 27 City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based 28 Code are hereby amended and reordained, and Sections 209.6 and 241.2 of the City 29 Zoning Ordinance are hereby added and ordained,to read as follows: 30 31 ARTICLE 1. GENERAL PROVISIONS 32 33 . . .. 34 35 Sec. 102. Establishment of districts and official zoning maps. 36 37 (a) In order to carry out the purposes and provisions of this ordinance, the 38 following districts are hereby established: 39 40 41 42 (al) There are hereby established the - - e • - --• e - . 43 following overlay districts: 44 45 X1,1 Shore Drive Corridor Overlay District("SD"); City of Virginia Beach Agenda Item D1 Page 2 Ordinance 46 47 () North End Overlay District("NEI 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 .) Short Term Rental Overlay District("STR"). 56 57 Such districts shall be designated on the official zoning map by the an 58 appropriate notationDY 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 - '- - •- e - -- - e the ' - •e e . ■ .Sash--4istrist 64 - 65 - • - '- .•-- e-zoning--district:T4s-en 4llustration,property-lying-within the 66 No#h-EndA i -Resect-district shall be armed 68 69 (a3)._ There-is •- - -• - e : ::..• e . ■. • -• . 70 shah . .' • - - . .- - ' e • 71 designation of the-- __ - . - - • .. - - , et:- e 72 the IR-5D Residential-Oapie -Dkstrict-shallbedesignated-onthe 73 _•. -- -- . o classification"R-50(014-p! 74 75 (a4) where-is-hereby established-the l Fisteric-Kempsville 76 &+ch id - e e e e• - - e -- - : notation-"(HK)" 77 • • • •- -- -- . . . - 78 the Historic Kempsvilie-Area-Overlay--District-and-in-theme 79 District-shall--be designated-on-the :• - - -- •- - •= the_classification°R- i 80 2(HK)." 81 82 (a5) There is •- -2 - •-e .- • . 84 the-designation-of-the-underlying e - . . . • .- . e-, - e-- - _ • 85 tn4he e - - - e - - ' - - • - •e 86 the cialzoningap-asbaving-the-classi€+cation 'B 4 )." The Workforce Housing 87 e - . .. a -- e.. -- . . -e.- 88 designated-in section-2103 ef4his ordinance that has- e--- - -• - - -: -e - - •- 89 • e . .. 90 of-the property. 91 2 City of Virginia Beach Agenda Item D1 Page 3 Ordinance 92 93 94 Sec. 111. Definitions. 95 96 97 98 Home sharing. A dwelling in which a room or rooms are offered for rental for 99 compensation for a period of thirty (30) consecutive days or less by an owner who 100 utilizes the dwelling as his principal residence and occupies the dwelling during any 101 such rental period. 102 103 104 105 Hotel and motel. A building or group of attached or detached buildings containing 106 dwelling or lodging units in which fifty(50)percent or more of the units are lodging units, 107 and for which compensation is exchanged for short-term occupancy of the dwelling or 108 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 109 registration and keeping of records relating to hotel guests. This term also 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 City of Virginia Beach Agenda Item D1 Page 4 Ordinance 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_y 167 insurers acceptable to the city; 168 169 10.AIl 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 City of Virginia Beach Agenda Item Dl Page 5 Ordinance 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 City of Virginia Beach Agenda Item D1 Page 6 Ordinance 220 11.The owner shall provide proof of liability insurance applicable to the rental 221 activity of at least one million dollars ($1,000,000.00) underwritten by 222 insurers acceptable to the city; 223 224 12.The maximum number of persons on the property after 10:00 p.m. and 225 before 7:00 a.m. shall be two (2) individuals per bedroom plus four (4) 226 additional persons; 227 228 13.All emergency exits in the structure shall be clearly marked;and 229 230 14.The City may inspect the property at any reasonable time, after notice, to 231 verify compliance with the provisions listed above. 232 233 ARTICLE 4.-AGRICULTURAL DISTRICTS 234 235 (a) Principal and conditional uses. The following chart lists those uses permitted 236 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 237 respective agricultural districts shall be permitted as either principal uses indicated by a 238 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 239 shall be prohibited in the respective districts. No uses or structures other than as 240 specified shall be permitted. 241 Use AG-1 AG-2 Home sharing meeting the requirements of section 209.6 P P Short term rental C C Short term rental within the STR Overlay District P P 242 243 (b) Accessory uses and structures. Uses and structures which are customarily 244 accessory and clearly incidental and subordinate to principal uses and structures, 245 including but not limited to, an accessory activity operated for profit in a residential 246 dwelling unit where (i) there is no change in the outside appearance of the building or 247 premises or any visible or audible evidence detectable from outside the building lot, 248 either permanently or intermittently, of the conduct of such business except for one (1) 249 nonilluminated sign not more than one(1)square foot in area mounted flat against the 250 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 251 by such activity in greater volumes than would normally be expected in the 6 City of Virginia Beach Agenda Item D1 Page 7 Ordinance 252 neighborhood, and any need for parking generated by the conduct of such activity is 253 met off the street and other than in a required front yard;(iii)the activity is conducted on 254 the premises which is the bona fide residence of the principal practitioner, and no 255 person other than members of the immediate family occupying such dwelling units is 256 employed in the activity; (iv)such activity is conducted only in the principal structure on 257 the lot;(v)there are no sales to the general public of products or merchandise from the 258 home, except for agricultural products, or agricultural-related products, incidental to an 259 agricultural operation on which the dwelling unit is located; and (vi) the activity is 260 specifically designed or conducted to permit no more than one(1)patron,customer, or 261 pupil to be present on the premises at any one time. Notwithstanding the provisions of 262 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 263 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 264 persons on the premises at any one time in connection with the performance of such 265 rites, provided that all other requirements of subdivision (b)(2) are met. The following 266 are specifically prohibited as accessory activities: Convalescent or nursing homes, 267 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 268 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 269 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 270 accessory use to the dwelling. 271 272 273 274 ARTICLE 5. RESIDENTIAL DISTRICTS. 275 276 277 278 Sec.501. Use regulations. 279 280 (a) Principal and conditional uses. The following chart lists those uses permitted 281 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 282 respective residential districts shall be permitted as either principal uses indicated by a 283 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 284 shall be prohibited in the respective districts. No uses or structures other than as 285 specified shall be permitted. 286 Uses Residential Districts R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 7 City of Virginia Beach Agenda Item D1 Page 8 j Ordinance Home sharing meeting the PPPPPP P PP P requirements of section 209.6 Short term rental CC CCC C C C C C Short term rental within the STR PPPPP P P PP P Overlay District 287 288 (b) Accessory uses and structures. Uses and structures which are customarily 289 accessory and clearly incidental and subordinate to principal uses and structures and 290 where such accessory structures do not exceed the height of the principal structure and, 291 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 292 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 293 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 294 accessory uses and structures shall not exceed thirty(30) percent of the floor area of 295 the principal structure. Such accessory uses and structures include but are not limited 296 to: 297 298 299 (7) Rental of rooms in a dwelling or the entire dwelling for more than thirty 300 (30)consecutive days is an accessory use to the dwelling. 301 302 ARTICLE 6.-APARTMENT DISTRICTS 303 304 305 306 Sec.601.-Use regulations. 307 308 (a) Principal and conditional uses. The following chart lists those uses permitted 309 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 310 respective apartment districts shall be permitted as either principal uses indicated by a 311 "P"or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 312 shall be prohibited in the respective districts. No uses or structures other than as 313 specified shall be permitted. 314 8 City of Virginia Beach Agenda Item D1 Page 9 Ordinance Use A-12 A-18 A-24 A-36 Home sharing meeting the requirements of section 209.6 PPP P Short term rental CCCC Short term rental within the STR Overlay District PPP P 315 316 (b) Accessory uses and structures. Uses and structures which are customarily 317 accessory and clearly incidental and subordinate to principal uses and structures, 318 including but not limited to: 319 320 321 322 () Rental of rooms in a dwelling or the entire dwelling for more than thirty 323 (30)consecutive days is an accessory use to the dwelling. 324 325 326 327 ARTICLE 9.-BUSINESS DISTRICTS 328 329 330 331 Sec.901.-Use regulations. 332 333 (a) Principal and conditional uses. The following chart lists those uses permitted 334 within the B-1 through B-4K Business Districts. Those uses and structures in the 335 respective business districts shall be permitted as either principal uses indicated by a 336 "P"or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 337 shall be prohibited in the respective districts. No uses or structures other than as 338 specified shall be permitted. 339 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K Home sharing meeting the requirements of section X X XXPP P 209.6 9 I City of Virginia Beach Agenda Item D1 Page 10 • Ordinance Short term rental X X XXCC C Short term rental within the STR Overlay District X X X X P P P 340 341 (b) Accessory uses and structures. Uses and structures which are customarily 342 accessory and clearly incidental and subordinate to the principal uses and structures, 343 including, but not limited to: 344 345 346 347 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 348 (30)consecutive days is an accessory use to the dwelling. 349 350 ARTICLE 11.-PLANNED DEVELOPMENT DISTRICTS 351 352 Sec. 1110.- Land use regulation. 353 354 • 355 356 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 357 A-12 Apartment District other than hospitals and sanitariums, together with the 358 following enumerated uses and structures,shall be permitted: 359 360 (1) Fraternity and sorority houses. student dormitories and student centers; 361 362 (2) Housing for seniors and disabled persons,with a conditional use permit: 363 364 (3) Marinas: 365 366 (4) Private clubs or social centers provided that clubs where conduct of commercial 367 affairs is a principal activity shall not be permitted:and 368 369 (5) Residential care for seniors, provided that no more than two (2) employees 370 including a bona fide resident of the dwelling shall be permitted.-; 371 37201 Home sharing meeting the requirements of section 209.6;and 373 374 (7I 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: to City of Virginia Beach Agenda Item D1 Page 11 Ordinance 379 380 (2) Family day-care homes; 381 382 (3) Group homes; 383 384 (4) Kennels,residential; 385 386 (5) Religious uses; 387 388 (6) Wind energy conversion systems,free standing and roof-mounted;and 389 390 (7) Home-based wildlife rehabilitation facilities, provided that the principal 391 structure is a single-family dwelling and the lot is greater than two thousand 392 five hundred(2,500)square feet.-,and 393 394 ) Short term rental. 395 396 B.-PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 397 398 399 400 Sec. 1125.-Allowed uses. 401 402 Within the PD-H2 District,only the following uses and structures shall be permitted: 403 404 (a) Principal uses and structures. 405 406 (1) Dwelling units of the types specified in the land use plan; 407 408 (2) Public buildings, structures,and other public uses; 409 410 (3) Recreational facilities of the type described in the plan; 411 412 (4) Child care education centers, in connection with public or private 413 elementary schools or churches, provided that such uses shall not be 414 eligible for residential density credit; 415 416 (5) Day-care centers, provided that such uses shall not be eligible for 417 residential density credit; 418 419 (6) Public utilities installations and substations; provided offices or storage or 420 maintenance facilities shall not be permitted; and provided, further, that 421 utilities substations, other than individual transformers, shall be surrounded 422 by a wall, solid except for entrances and exits, or by a fence with a 423 screening hedge five (5) to six (6) feet in height; and provided also, 424 transformer vaults for underground utilities and like uses shall require only 425 a landscaped screening hedge,solid except for access opening.-; 11 City of Virginia Beach Agenda Item D1 Page 12 Ordinance 426 427 L) Home sharing meeting the requirements of section 209.6;and 428 429 (8) Short term rental within the STR Overlay District. 430 431 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 432 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 433 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 434 accessory use to the dwelling. 435 436 (c) Conditional uses. 437 438 (1) Religious uses, provided that such use shall not be eligible for residential 439 density credit. 440 441 (2) Family day-care homes;foster homes and group homes, provided that such 442 uses shall not be eligible for residential density credit; 443 444 (3) Home occupations-; 445 446 (4) Housing for seniors and disabled persons-;and 447 448 (5_) Short term rental. 449 450 . . . . 451 452 C. RT-3 RESORT TOURIST DISTRICT 453 454 455 456 Sec. 1521. Use regulations. 457 458 (a)The following chart lists those uses permitted within the RT-3 Resort Tourist District 459 as either principal uses. as indicated by a "P"or as conditional uses, as indicated by a 460 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 461 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 462 buildings within the RT-3 District may include any principal or conditional uses in 463 combination with any other principal or conditional use No uses or structures other than 464 those specified shall be permitted. All uses, whether principal or conditional, should to 465 the greatest extent possible adhere to the provisions of the Special Area Design 466 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 467 Plan. Use RT-3 12 City of Virginia Beach Agenda Item D1 Page 13 Ordinance 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 a) 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 City of Virginia Beach Agenda Item D1 Page 14 Ordinance Short term rental C Short term rental within the STR Zoning District P 496 497 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 498 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 499 use permitted by this section, either as a principal or conditional use. In determining 500 whether a proposed use is similar to a listed use, the Zoning Administrator shall 501 consider(1)the actual or projected characteristics of the proposed use in comparison 502 to those of the most similar listed use; and (2)the categorization of the proposed use 503 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 504 rooms in a dwelling or the entire dwelling for more than thirty(30)consecutive days is 505 an accessory use to the dwelling. 506 507 APPENDIX 1.-OCEANFRONT RESORT DISTRICT FORM-BASED CODE 508 509 510 511 Sec.5.2. Permitted Use Table. 512 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground UPPer Use Standard (, USE Floor Floors Floor Floors Floor Floors All Floors All Floors (Notes LODGING Horne altga o - 1, _ = L L L _ aS Set.209.6 '.. meesno the requirements of section 209.6 Short term rental _ c - c = See Sec.141,2 Short teen rental = !: _ = L 6 L = See Set.2412 within Pre STR 513 Adopted by the Council of the City of Virginia Beach,Virginia,on the day of ,2017. 14 City of Virginia Beach Agenda Item D1 Page 15 Ordinance APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Aztjvik, Planning Department City Attorney's Office CA14135 R-10 November 2,2017 15 City of Virginia Beach Agenda Item D1 Page 16 Ordinance 1 ALTERNATIVE 2 2 3 AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 4 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 5 ZONING ORDINANCE AND SECTION 5.2 OF THE 6 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 7 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 8 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 9 REQUIREMENTS AND USE OF HOME SHARING AND 10 SHORT TERM RENTALS 11 12 Sections Amended: City Zoning Ordinance Sections 111, 13 401, 501, 601, 901, 1110, 1125, 1521, and 2203 and 14 Oceanfront Resort District Form-Based Code Section 5.2 15 16 Sections Added: City Zoning Ordinance Sections 209.6 and 17 241.2 18 19 WHEREAS,the public necessity,convenience,general welfare and good zoning 20 practice so require; 21 22 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 23 BEACH,VIRGINIA: 24 25 That Sections 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the City 26 Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code 27 are hereby amended and reordained, and Sections 209.6 and 241.2 of the City Zoning 28 Ordinance are hereby added and ordained,to read as follows: 29 30 Sec. 111. Definitions. 31 32 33 34 Home sharin4. A dwelling in which a room or rooms are offered for rental for 35 compensation for a period of thirty (30) consecutive days or less by an owner who 36 utilizes the dwelling as his principal residence and occupies the dwelling during any 37 such rental. 38 39 40 41 Hotel and motel. A building or group of attached or detached buildings containing 42 dwelling or lodging units in which fifty(50)percent or more of the units are lodging units, 43 and for which compensation is exchanged for short-term occupancy of the dwelling or 44 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 45 registration and keeping of records relating to hotel guests. 46 motels. 47 City of Virginia Beach Agenda Item D1 Page 17 Ordinance 48 49 50 Principal residence. Principal residence shall be the location where a person 51 lives fifty(50)percent or more of the time. 52 53 . . . . 54 55 Short term rental. A dwelling that does not meet the definition of home sharing in 56 which a room or rooms, or the entire dwelling are rented for thirty(30)consecutive days 57 or less for compensation. 58 59 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 60 ALL DISTRICTS 61 62 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 63 PARKING, OFF-STREET LOADING, AND CERTAIN USES 64 65 66 67 Sec. 209.6.Home sharing. 68 69 1. All parking must be provided on the property in which the home sharing is 70 located; 71 72 2. No noise shall be created in excess of what is normally expected in a 73 residential neighborhood; 74 75 3. No additional traffic shall be created in excess of what is normally expected 76 in a residential neighborhood• 77 78 4. The owner must provide contact information sufficient to allow the city to 79 communicate with the owner occupying the dwelling at all times during the 80 rental period; 81 82 5. To the extent permitted by state law, each dwelling offered as a home share 83 must maintain registration with the Commissioner of Revenue's office and 84 pay all applicable taxes. Adjudicated violations of three (3) applicable 85 federal, state or local laws or regulations may result in the revocation of said 86 registration; 87 88 6. There shall be posted in a conspicuous place within the dwelling the 89 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 2 City of Virginia Beach Agenda Item D1 Page 18 Ordinance 90 27 and 31-28(solid waste collection), 12-5(fires on the beach)and 12-43.2 91 (fireworks); 92 93 7. All refuse shall be placed in automated refuse receptacles, where provided, 94 and comply with the requirements of City Code Sections 31-26, 31-27 and 95 31-28: 96 97 8. There shall be no more than one(1)rental contract during any consecutive 98 seven(7)day period, 99 100 9. The owner shall provide proof of liability insurance applicable to the rental 101 activity of at least one million dollars ($1,000,000.00) underwritten by 102 insurers acceptable to the city; 103 104 10. All emergency exits in the structure shall be clearly marked; and 105 106 11.The City may inspect the property at any reasonable time, after notice, to 107 verify compliance with the provisions listed above. 108 109 C. CONDITIONAL USES AND STRUCTURES 110 111 112 113 Sec.241.2 Short term rental. 114 115 1. All parking must be provided on the property in which the short term rental is 116 located; 117 118 2. No noise shall be created in excess of what is normally expected in a 119 residential neighborhood; 120 121 3. No additional traffic shall be created in excess of what is normally expected 122 in a residential neighborhood; 123 124 4. No events with more than fifty (50) people present, shall be held absent a 125 special events permit. Events with more than fifty (50) people are limited to 126 no more than three (3) events in a calendar year. No more than one 127 hundred (100)people shall be present at any event held on the property; 128 129 5. The owner or the owner's agent must be identified and able to be present 130 on site within thirty (30)_minutes of being contacted at all times during the 131 rental period; 3 City of Virginia Beach Agenda Item D1 Page 19 Ordinance 132 133 6. No signage shall be on site, except that each short term rental is allowed 134 one (1),one-foot by one-foot sign, posted on the building,that identifies the 135 short term rental; 136 137 7. To the extent permitted by state law, each short term rental must maintain 138 registration with the Commissioner of Revenue's office and pay all 139 applicable taxes. Adiudicated violations of three (3) applicable local, state 140 or federal laws or regulations may result in the revocation of said 141 registration; 142 143 8. There shall be posted in a conspicuous place within the dwelling the 144 complete text of City Code Sections 23-69 through 23-71 (noise),31-26,31- 145 27 and 31-28(solid waste collection), 12-5 (fires on the beach)and 12-43.2 146 (fireworks); 147 148 9. All refuse shall be placed in automated refuse receptacles,where provided, 149 and comply with the requirements of City Code Sections 31-26, 31-27 and 150 31-28; 151 152 10.There shall be no more than one(1) rental contract durinq any consecutive 153 seven(7)day period; 154 155 11.The owner shall provide proof of liability insurance applicable to the rental 156 activity of at least one million dollars ($1,000,000.00) underwritten by 157 insurers acceptable to the city; 158 159 12.The maximum number of persons on the property after 11:00 p.m. and 160 before 7:00 a.m. shall be two (2) individuals per bedroom plus four (4) 161 additional persons; 162 163 13.Any short term rental that has paid transient occupancy taxes to the 164 Commissioner of the Revenue prior to January 1, 2017 shall be considered 165 qrandfathered and shall not be required to obtain a Conditional Use Permit 166 where otherwise required, but must meet the conditions of section 241.2. 167 Any expansion of the footprint of the dwelling housing the short term rental 168 shall repeal the grandfathered status of the short term rental and require a 169 conditional use permit for such use; 170 171 14.All emergency exits in the structure shall be clearly marked;and 172 173 15.The City may inspect the property at any reasonable time, after notice, to 174 verify compliance with the provisions listed above. 4 City of Virginia Beach Agenda Item D1 Page 20 Ordinance 175 176 ARTICLE 4.-AGRICULTURAL DISTRICTS 177 178 (a) Principal and conditional uses. The following chart lists those uses permitted 179 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 180 respective agricultural districts shall be permitted as either principal uses indicated by a 181 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 182 shall be prohibited in the respective districts. No uses or structures other than as 183 specified shall be permitted. 184 Use AG-1 AG-2 Home sharing meeting the requirements of section 209.6 P P Short term rental C C 185 186 (b) Accessory uses and structures. Uses and structures which are customarily 187 accessory and clearly incidental and subordinate to principal uses and structures, 188 including but not limited to, an accessory activity operated for profit in a residential 189 dwelling unit where (i) there is no change in the outside appearance of the building or 190 premises or any visible or audible evidence detectable from outside the building lot, 191 either permanently or intermittently, of the conduct of such business except for one (1) 192 nonilluminated sign not more than one (1)square foot in area mounted flat against the 193 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 194 by such activity in greater volumes than would normally be expected in the 195 neighborhood, and any need for parking generated by the conduct of such activity is 196 met off the street and other than in a required front yard;(iii)the activity is conducted on 197 the premises which is the bona fide residence of the principal practitioner, and no 198 person other than members of the immediate family occupying such dwelling units is 199 employed in the activity; (iv) such activity is conducted only in the principal structure on 200 the lot; (v)there are no sales to the general public of products or merchandise from the 201 home, except for agricultural products, or agricultural-related products, incidental to an 202 agricultural operation on which the dwelling unit is located; and (vi) the activity is 203 specifically designed or conducted to permit no more than one (1)patron, customer, or 204 pupil to be present on the premises at any one time. Notwithstanding the provisions of 205 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 206 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 207 persons on the premises at any one time in connection with the performance of such 208 rites, provided that all other requirements of subdivision (b)(2) are met. The following 5 City of Virginia Beach Agenda Item D1 Page 21 Ordinance 209 are specifically prohibited as accessory activities: Convalescent or nursing homes, 210 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 211 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 212 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 213 accessory use to the dwelling. 214 215 216 217 ARTICLE 5. RESIDENTIAL DISTRICTS. 218 219 220 221 Sec.501. Use regulations. 222 223 (a) Principal and conditional uses. The following chart lists those uses permitted 224 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 225 respective residential districts shall be permitted as either principal uses indicated by a 226 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 227 shall be prohibited in the respective districts. No uses or structures other than as 228 specified shall be permitted. 229 Uses Residential Districts R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Home sharing meeting the PPPPP P P PP P requirements of section 209.6 Short term rental CCCCC C C C C C 230 231 (b) Accessory uses and structures. Uses and structures which are customarily 232 accessory and clearly incidental and subordinate to principal uses and structures and 233 where such accessory structures do not exceed the height of the principal structure and, 234 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 6 City of Virginia Beach Agenda Item D1 Page 22 Ordinance 235 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 236 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 237 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 238 the principal structure. Such accessory uses and structures include but are not limited 239 to: 240 241 242 (7) Rental of rooms in a dwelling or the entire dwelling for more than thirty 243 (30)consecutive days is an accessory use to the dwelling. 244 245 ARTICLE 6.-APARTMENT DISTRICTS 246 247 248 249 Sec.601.-Use regulations. 250 251 (a) Principal and conditional uses. The following chart lists those uses permitted 252 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 253 respective apartment districts shall be permitted as either principal uses indicated by a 254 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 255 shall be prohibited in the respective districts. No uses or structures other than as 256 specified shall be permitted. 257 Use A-12 A-18 A-24 A-36 Home sharing meeting the requirements of section 209.6 C CC C Short term rental CCCC 258 259 (b) Accessory uses and structures. Uses and structures which are customarily 260 accessory and clearly incidental and subordinate to principal uses and structures, 261 including but not limited to: 262 263 264 265 (3) Rental of rooms in a dwelling or the entire dwelling for more than thirty 266 (30)consecutive days is an accessory use to the dwelling. 267 268 .... 7 City of Virginia Beach Agenda Item D1 Page 23 Ordinance 269 270 ARTICLE 9.-BUSINESS DISTRICTS 271 272 273 274 Sec.901.-Use regulations. 275 276 (a) Principal and conditional uses. The following chart lists those uses permitted 277 within the B-1 through B-4K Business Districts. Those uses and structures in the 278 respective business districts shall be permitted as either principal uses indicated by a 279 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 280 shall be prohibited in the respective districts. No uses or structures other than as 281 specified shall be permitted. 282 Use B- B- B- B- B- B- B 1 1A 2 3 4 4C 4K Home sharing meeting the requirements of section X P P 209.6 Short term rental X X XXCC C 283 284 (b) Accessory uses and structures. Uses and structures which are customarily 285 accessory and clearly incidental and subordinate to the principal uses and structures, 286 including, but not limited to: 287 288 289 290 r2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 291 (30)consecutive days is an accessory use to the dwelling. 292 293 ARTICLE 11.-PLANNED DEVELOPMENT DISTRICTS 294 295 Sec.1110.-Land use regulation. 296 297 298 299 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 300 A-12 Apartment District other than hospitals and sanitariums, together with the 301 following enumerated uses and structures, shall be permitted: 8 City of Virginia Beach Agenda Item D1 Page 24 Ordinance 302 303 (1) Fraternity and sorority houses,student dormitories and student centers; 304 305 (2) Housing for seniors and disabled persons,with a conditional use permit; 306 307 (3) Marinas; 308 309 (4) Private clubs or social centers provided that clubs where conduct of commercial 310 affairs is a principal activity shall not be permitted;and 311 312 (5) Residential care for seniors, provided that no more than two (2) employees 313 including a bona fide resident of the dwelling shall be permitted.-,and 314 315 (6�Home sharing meeting the requirements of section 209.6. 316 317 (d) Within a PD-H1 District,the following uses shall be allowed as conditional uses: 318 319 (1) Communication towers; 320 321 (2) Family day-care homes; 322 323 (3) Group homes; 324 325 (4) Kennels,residential; 326 327 (5) Religious uses; 328 329 (6) Wind energy conversion systems,free standing and roof-mounted;and 330 331 (7) Home-based wildlife rehabilitation facilities, provided that the principal 332 structure is a single-family dwelling and the lot is greater than two thousand 333 five hundred(2,500)square feet:,and 334 335 (8D Short term rental. 336 337 B.-PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 338 339 340 341 Sec. 1125.-Allowed uses. 342 343 Within the PD-H2 District,only the following uses and structures shall be permitted: 344 345 (a) Principal uses and structures. 346 347 (1) Dwelling units of the types specified in the land use plan; 348 9 City of Virginia Beach Agenda Item D1 Page 25 Ordinance 349 (2) Public buildings,structures,and other public uses; 350 351 (3) Recreational facilities of the type described in the plan; 352 353 (4) Child care education centers, in connection with public or private 354 elementary schools or churches, provided that such uses shall not be 355 eligible for residential density credit; 356 357 (5) Day-care centers, provided that such uses shall not be eligible for 358 residential density credit; 359 360 (6) Public utilities installations and substations; provided offices or storage or 361 maintenance facilities shall not be permitted; and provided, further, that 362 utilities substations,other than individual transformers, shall be surrounded 363 by a wall, solid except for entrances and exists, or by a fence with a 364 screening hedge five (5) to six (6) feet in height; and provided also, 365 transformer vaults for underground utilities and like uses shall require only 366 a landscaped screening hedge, solid except for access opening:.and 367 368 Home sharing meetinq the requirements of section 209.6. 369 370 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 371 subordinate to the principal uses shall be allowed as accessory uses, Rental of rooms in 372 a dwelling or the entire dwelling for more than 30 consecutive days is an accessory use 373 to the dwelling. 374 375 (c) Conditional uses. 376 377 (1) Religious uses, provided that such use shall not be eligible for residential 378 density credit; 379 380 (2) Family day-care homes;foster homes and group homes, provided that such 381 uses shall not be eligible for residential density credit; 382 383 (3) Home occupations.-; 384 385 (4) Housing for seniors and disabled persons..and 386 387 fj Short term rental. 388 389 390 391 C.RT-3 RESORT TOURIST DISTRICT 392 393 394 395 Sec. 1521. Use regulations. io City of Virginia Beach Agenda Item Dl Page 26 Ordinance 396 397 (a)The following chart lists those uses permitted within the RT-3 Resort Tourist District 398 as either principal uses, as indicated by a "P"or as conditional uses, as indicated by a 399 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 400 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 401 buildings within the RT-3 District may include any principal or conditional uses in 402 combination with any other principal or conditional use.No uses or structures other than 403 those specified shall be permitted. All uses, whether principal or conditional, should to 404 the greatest extent possible adhere to the provisions of the Special Area Design 405 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 406 Plan. 407 Use RT-3 Home sharing meeting the requirements of section 209.6 P Short term rental C 408 409 (b) Accessory uses and structures : Uses and structures which are customarily 410 accessory and clearly incidental and subordinate to the principal uses and structures; 411 provided, however,that drive-through facilities shall not be permitted as an accessory 412 use: 413 414 415 12) Rental of rooms in a dwelling or the entire dwelling for more than thirty 416 (30)consecutive days is an accessory use to the dwelling. 417 418 ARTICLE 22.-CENTRAL BUSINESS CORE DISTRICT 419 420 421 422 B.-DEVELOPMENT REGULATIONS 423 424 425 426 Sec.2203.-Use regulations. 427 428 (a) The following chart lists those uses permitted within the Central Business Core 429 District. Uses and structures shall be allowed either as principal uses, indicated by a 11 City of Virginia Beach Agenda Item D1 Page 27 Ordinance 1 430 "P",or as conditional uses, indicated by a"C." Uses and structures indicated by an"X" 431 shall be prohibited, unless allowed by special exception for Alternative Compliance 432 pursuant to Section 2205. No uses or structures other than as specified herein or as 433 allowed pursuant to subsection(b)shall be permitted. 434 Use District CBC Home sharinq meeting the requirements of section 209.6 Short term rental C 435 436 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 437 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 438 use permitted by this section, either as a principal or conditional use. In determining 439 whether a proposed use is similar to a listed use, the Zoning Administrator shall 440 consider(1)the actual or projected characteristics of the proposed use in comparison 441 to those of the most similar listed use; and (2)the categorization of the proposed use 442 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 443 rooms in a dwelling or the entire dwelling for more than thirty(30)consecutive days is 444 an accessory use to the dwelling. 445 446 APPENDIX 1.-OCEANFRONT RESORT DISTRICT FORM-BASED CODE 447 448 Sec.5.2. Permitted Use Table. 449 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CMC 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 4 L _ $ee Sec.209.E meeting the requirements of section 209.6 meeting tie recWrements of section 209.6 Ston rens rent - C = — �.. g See Sec.241.2 12 City of Virginia Beach Agenda Item D1 Page 28 Ordinance Adopted by the Council of the City of Virginia Beach,Virginia,on the_ day of ,2017 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: sr iii. Planning D partment City Attorney's Office CA14135 R-10 November 2,2017 13 City of Virginia Beach Agenda Item D1 Page 29 Ordinance 1 ALTERNATIVE 3 2 3 AN ORDINANCE TO AMEND SECTIONS 111, 401, 501. 4 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 5 ZONING ORDINANCE AND SECTION 5.2 OF THE 6 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 7 AND ADD SECTION 209.6 OF THE CITY ZONING 8 ORDINANCE PERTAINING TO THE DEFINITION, 9 REQUIREMENTS AND USE OF ACCESSORY USE 10 SHORT TERM RENTAL 11 12 Sections Amended: City Zoning Ordinance Sections 111, 13 401, 501, 601, 901, 1110, 1125 and 1521 and Oceanfront 14 Resort District Form-Based Code Section 5.2 15 16 Sections Added: City Zoning Ordinance Section 209.6 17 18 WHEREAS,the public necessity,convenience,general welfare and good zoning 19 practice so require; 20 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That Sections 111, 401, 501, 601, 901, 1110, 1125 and 1521 of the City Zoning 25 Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code are 26 hereby amended and reordained, and Section 209.6 of the City Zoning Ordinance is 27 hereby added and ordained,to read as follows: 28 29 ARTICLE 1. GENERAL PROVISIONS 30 31 . . . . 32 33 Sec. 111. Definitions. 34 35 . . . . 36 37 Home occupation. The conduct of a business in a residential dwelling unit 38 where all of the following characteristics are present: 39 40 (a) The use of the dwelling unit for the business is clearly incidental and 41 subordinate to its use for residential purposes by its occupants. 42 43 (b) There is no change in the outside appearance of the building or premises or 44 any visible or audible evidence detectable from outside the building lot, 45 either permanently or intermittently, of the conduct of such business except 46 for an identification sign regulated by this ordinance. 47 City of Virginia Beach Agenda Item D1 Page 30 Ordinance 48 (c) The home occupation is conducted on the premises which is the bona fide 49 residence of the principal practitioner. and no more than one (1) person 50 other than a member of the immediate family occupying such dwelling unit 51 is employed in the business. 52 53 (d) There are no sales to the general public of products or merchandise from 54 the home. 55 56 (e) The use does not qualify as an accessory use as defined by this ordinance. 57 58 59 60 Short term rental. A dwelling in which a room or rooms or the entire dwelling are 61 rented for thirty(30)consecutive days or less for monetary compensation, and which is 62 an accessory use in any dwelling unit. 63 64 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 65 ALL DISTRICTS 66 67 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 68 PARKING, OFF-STREET LOADING, AND CERTAIN USES 69 70 71 72 Sec.209.6. Accessory use-short term rental. 73 74 1. All parking must be provided on the property in which the home occupation- 75 short term rental is located; 76 77 2. No noise shall be created in excess of what is normally expected in a 78 residential neighborhood; 79 80 3. No additional traffic shall be created in excess of what is normally expected 81 in a residential neighborhood; 82 83 4. No events with more than fifty (50) people present, shall be held absent a 84 special events permit. Events with more than fifty(50)people are limited to 85 no more than three (3) events in a calendar year. No more than one 86 hundred(100)people shall be present at any event held on the property; 87 88 5. The owner or the owner's agent must be identified and able to be present 89 on the site within thirty(30)minutes of being contacted: 90 2 City of Virginia Beach Agenda Item D1 Page 31 Ordinance 91 6. No signage shall be on site, except that each short term rental-home 92 occupation is allowed one (1), one-foot by one-foot sign, posted on the 93 building,that identifies the accessory use-short term rental: 94 95 7. To the extent permitted by state law, each dwelling offered as an 96 accessory use-short term rental must maintain registration with the 97 Commissioner of Revenue's off ce and pay all applicable taxes. 98 Adjudicated violations of three (3) applicable local, state or federal laws or 99 regulations may result in the revocation of said registration: 100 101 8. There shall be posted in a conspicuous place within the dwelling the 102 complete text of City Code Sections 23-69 through 23-71 (noise),31-26,31- 103 27 and 31-28 (solid waste collection), 12-5(fires on the beach)and 12-43.2 104 (fireworks); 105 106 9. All refuse shall be placed in automated refuse receptacles, where provided, 107 and comply with the requirements of City Code Sections 31-26, 31-27 and 108 31-28; 109 110 10. There shall be no more than one (1) rental contract during any seven (7) 111 day period: 112 113 11. The owner shall provide proof of liability insurance applicable to the rental 114 activity of at least one million dollars (51.000,000.00) underwritten by 115 insurers acceptable to the city; 116 117 12. The maximum number of persons on the property after 11:00 p.m. and 118 before 7:00 a.m. shall be two (2) individuals per bedroom plus four (4) 119 additional persons; 120 121 13. All emergency exits in the structure shall be clearly marked,and 122 123 14. The City may inspect the property at any reasonable time, after notice, to 124 verify compliance with the provisions listed above. 125 126 . . 127 128 ARTICLE 4. -AGRICULTURAL DISTRICTS 129 130 (a) Principal and conditional uses. The following chart lists those uses permitted 131 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 132 respective agricultural districts shall be permitted as either principal uses indicated by a 133 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 3 City of Virginia Beach Agenda Item D1 Page 32 Ordinance 134 shall be prohibited in the respective districts. No uses or structures other than as 135 specified shall be permitted. 136 AG- AG- Use1 2 Accessory use-short term rental meeting the requirements of section P P 209.6 Home occupations, including those conducted outside the principal C C structures 137 138 (b) Accessory uses and structures. Uses and structures which are customarily 139 accessory and clearly incidental and subordinate to principal uses and structures, 140 including but not limited to, an accessory activity operated for profit in a residential 141 dwelling unit where (i)there is no change in the outside appearance of the building or 142 premises or any visible or audible evidence detectable from outside the building lot, 143 either permanently or intermittently, of the conduct of such business except for one(1) 144 nonilluminated sign not more than one (1)square foot in area mounted flat against the 145 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 146 by such activity in greater volumes than would normally be expected in the 147 neighborhood, and any need for parking generated by the conduct of such activity is 148 met off the street and other than in a required front yard;(iii)the activity is conducted on 149 the premises which is the bona fide residence of the principal practitioner, and no 150 person other than members of the immediate family occupying such dwelling units is 151 employed in the activity; (iv)such activity is conducted only in the principal structure on 152 the lot; (v)there are no sales to the general public of products or merchandise from the 153 home, except for agricultural products, or agricultural-related products, incidental to an 154 agricultural operation on which the dwelling unit is located; and (vi) the activity is 155 specifically designed or conducted to permit no more than one (1)patron, customer, or 156 pupil to be present on the premises at any one time. Notwithstanding the provisions of 157 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 158 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 159 persons on the premises at any one time in connection with the performance of such 160 rites, provided that all other requirements of subdivision (b)(2) are met. The following 161 are specifically prohibited as accessory activities: Convalescent or nursing homes, 162 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 163 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 164 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 165 accessory use. 4 City of Virginia Beach Agenda Item D1 Page 33 Ordinance 166 167 (b.1) Accessory use-short term rental. A use that meets the requirements ofSec ion 168 209.6. 169 170 171 172 ARTICLE 5. RESIDENTIAL DISTRICTS. 173 174 ... 175 176 Sec.501. Use regulations. 177 178 (a) Principal and conditional uses. The following chart lists those uses permitted 179 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 180 respective residential districts shall be permitted as either principal uses indicated by a 181 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 182 shall be prohibited in the respective districts. No uses or structures other than as 183 specified shall be permitted. 184 Uses Residential Districts R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Accessory use-short term rental PPPPPP PPP P meeting the requirements of section 209.6 CCCCCCCC C C Home occupation 185 186 (b) Accessory uses and structures. Uses and structures which are customarily 187 accessory and clearly incidental and subordinate to principal uses and structures and 188 where such accessory structures do not exceed the height of the principal structure and, 189 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 190 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 191 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 5 City of Virginia Beach Agenda Item D1 Page 34 Ordinance 192 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 193 the principal structure Such accessory uses and structures include but are not limited 194 to: 195 196 197 (.) Rental of rooms in a dwelling or the entire dwellinq for more than thirty 198 (30)consecutive days is an accessory use. 199 200 (b.1) Accessory use-short term rental. A use that meets the requirements of Section 201 209.6. 202 203 ARTICLE 6.-APARTMENT DISTRICTS 204 205 206 207 Sec.601.-Use regulations. 208 209 (a) Principal and conditional uses. The following chart lists those uses permitted 210 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 211 respective apartment districts shall be permitted as either principal uses indicated by a 212 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 213 shall be prohibited in the respective districts. No uses or structures other than as 214 specified shall be permitted. 215 Use A- A- A- A- 12 18 24 36 Accessory use-short term rental meeting the requirements of PPPP section 209.6 Home occupation C C C C 216 217 (b) Accessory uses and structures. Uses and structures which are customarily 218 accessory and clearly incidental and subordinate to principal uses and structures, 219 including but not limited to. 220 221 . . . . 222 223 () Rental of rooms in a dwelling or the entire dwelling for more than thirty 224 (30)consecutive days is an accessory use. 6 City of Virginia Beach Agenda Item D1 Page 35 Ordinance 225 226 (b.1) Accessory use-short term rental. A use that meets the requirements of Section 227 209.6. 228 229 230 231 ARTICLE 9.-BUSINESS DISTRICTS 232 233 234 235 Sec.901.-Use regulations. 236 237 (a) Principal and conditional uses. The following chart lists those uses permitted 238 within the B-1 through B-4K Business Districts. Those uses and structures in the 239 respective business districts shall be permitted as either principal uses indicated by a 240 "P"or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 241 shall be prohibited in the respective districts. No uses or structures other than as 242 specified shall be permitted. 243 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K Accessory use-short term rental meeting the X X XXPP P requirements of section 209.6 Home occupations X X XXCC C 244 245 (b) Accessory uses and structures. Uses and structures which are customarily 246 accessory and clearly incidental and subordinate to the principal uses and structures, 247 including, but not limited to: 248 249 250 251 (2) Rental of rooms in a dwelling or the entire dwellinq for more than thirty 252 (30)consecutive days is an accessory use. 253 254 (b.1) Accessory use-short term rental. A use that meets the requirements of Section 255 209.6. 256 7 City of Virginia Beach Agenda Item D1 Page 36 Ordinance 257 B.-PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 258 259 260 261 Sec.1125.-Allowed uses. 262 263 Within the PD-H2 District,only the following uses and structures shall be permitted: 264 265 (a) Principal uses and structures. 266 267 (1) Dwelling units of the types specified in the land use plan; 268 269 (2) Public buildings,structures,and other public uses; 270 271 (3) Recreational facilities of the type described in the plan; 272 273 (4) Child care education centers, in connection with public or private 274 elementary schools or churches, provided that such uses shall not be 275 eligible for residential density credit; 276 277 (5) Day-care centers, provided that such uses shall not be eligible for 278 residential density credit; 279 280 (6) Public utilities installations and substations; provided offices or storage or 281 maintenance facilities shall not be permitted; and provided, further, that 282 utilities substations, other than individual transformers, shall be surrounded 283 by a wall, solid except for entrances and exits, or by a fence with a 284 screening hedge five (5) to six (6) feet in height; and provided also, 285 transformer vaults for underground utilities and like uses shall require only 286 a landscaped screening hedge, solid except for access opening..- 287 288 (1.) Accessory use-short term rental meeting the requirements of section 209.6. 289 290 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 291 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 292 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 293 accessory use. 294 295 296 297 C.RT-3 RESORT TOURIST DISTRICT 298 299 300 301 Sec. 1521. Use regulations. 302 8 City of Virginia Beach Agenda Item D1 Page 37 Ordinance 303 (a)The following chart lists those uses permitted within the RT-3 Resort Tourist District 304 as either principal uses, as indicated by a "P"or as conditional uses, as indicated by a 305 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 306 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings. 307 buildings within the RT-3 District may include any principal or conditional uses in 308 combination with any other principal or conditional use. No uses or structures other than 309 those specified shall be permitted. All uses, whether principal or conditional, should to 310 the greatest extent possible adhere to the provisions of the Special Area Design 311 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 312 Plan. Use RT-3 P Accessory use-short term rental meeting the requirements of section 209.6 Home occupations 313 314 (b) Accessory uses and structures : Uses and structures which are customarily 315 accessory and clearly incidental and subordinate to the principal uses and structures; 316 provided, however, that drive-through facilities shall not be permitted as an accessory 317 use: 318 319 320 321 a) Rental of rooms in a dwelling or the entire dwelling for more than thirty 322 (30)consecutive days is an accessory use. 323 324 (b.1) Accessory use-short term rental. A use that meets the requirements of Section 325 209.6. 326 327 ARTICLE 22.-CENTRAL BUSINESS CORE DISTRICT 328 329 . . . . 330 331 B.-DEVELOPMENT REGULATIONS 332 333 334 335 Sec.2203.- Use regulations. 9 City of Virginia Beach Agenda Item D1 Page 38 Ordinance 336 337 (a) The following chart lists those uses permitted within the Central Business Core 338 District. Uses and structures shall be allowed either as principal uses, indicated by a 339 "P",or as conditional uses,indicated by a"C."Uses and structures indicated by an"X" 340 shall be prohibited, unless allowed by special exception for Alternative Compliance 341 pursuant to Section 2205. No uses or structures other than as specified herein or as 342 allowed pursuant to subsection(b)shall be permitted. 343 Use District CBC Accessory use-short term rental meeting the requirements of section P 209.6 C Home occupations 344 345 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 346 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 347 use permitted by this section, either as a principal or conditional use. In determining 348 whether a proposed use is similar to a listed use, the Zoning Administrator shall 349 consider(1)the actual or projected characteristics of the proposed use in comparison 350 to those of the most similar listed use; and (2)the categorization of the proposed use 351 in the Standard Land Use Coding Manual(First Edition January 1965). 352 353 (b.1) Rental of rooms in a dwelling or the entire dwelling for more than thirty (30) 354 consecutive days is an accessory use. 355 356 (b.2) Accessory use-short term rental. A use that shall meet the requirements of 357 Section 209.6. 358 359 APPENDIX 1.-OCEANFRONT RESORT DISTRICT FORM-BASED CODE 360 361 362 363 Sec.5.2. Permitted Use Table. 364 MIXED-USE COMMERCIAL APARTMENT ROW HOUSE DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE BUILDING 10 City of Virginia Beach Agenda Item D1 Page 39 Ordinance Gmood Upper f Ground Fbar�Y M Fbore Ground Upper I -._.J----T Use Slanda•U I USE poor Floors I ( Floor Floors ' All Floors All Floor ;Notes LODGING Home Om-up:Mon -- l — I. L - t i L — See Sec.Zia orFce Qo 411f€ _ } = _ 1. _ l L See Sec.20:.8 PF l_arm rental meNlnaUte l re-uiremenls or I section 208.8 i Adopted bythe Council of the Cityof Virginia Beach,Virginia,on the day 9r9 of ,2017. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: </AC \v �Grk� Planning rtrnent City Attorney's Office LIZA-.( CA14135 R-10 November 14,2017 1' City of Virginia Beach Agenda Item D1 Page 40 r `^ e (y'ter``NA ,,/c`:. (y — 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, REQUIREMENT AND USE OF HOME SHARING AND SHORT TERM RENTALS [ALTERNATIVE 2] MEETING DATE: July 3, 2018 ■ Background: At the request of Mayor Jones, staff has prepared a Short Term Rental 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 Council voted to defer consideration of STRs on June 5, 2018. While discussing STRs at the informal session of June 26, 2018, City Council indicated the desire to draft a new STR ordinance that would be sent to Planning Commission for their consideration. Staffs recommendation at the informal session was that all STR ordinances previously presented and referred from the Planning Commission be denied in order to allow consideration of the new ordinance to be referred by the Council to the Planning Commission at a future date. 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 City of Virginia Beach — Home Sharing and Short Term Rentals [Alternative 2] Page 2 of 2 version of Alternative 2 was also voted on at the Planning Commission; however, it was not approved. • 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. • Recommendations: City Staff deferred to the Planning Commission. The Planning Commission did not consider this alternative. • Attachment: Staff Report Ordinance Recommended Action: Staff recommends Denial based on June 26, 2018 Workshop. Planning Commission did not consider this option. Submitting Dep-rtme t/Agency: Planning Departme t v � � _ City Manager: v2�� I u4,,h Z is 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: July 3, 2018 • Background: At the request of Mayor Jones, staff has prepared a Short Term Rental 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 Council voted to defer consideration of STRs on June 5, 2018. While discussing STRs at the informal session of June 26, 2018, City Council indicated the desire to draft a new STR ordinance that would be sent to Planning Commission for their consideration. Staff's recommendation at the informal session was that all STR ordinances previously presented and referred from the Planning Commission be denied in order to allow consideration of the new ordinance to be referred by the Council to the Planning Commission at a future date. 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. City of Virginia Beach — Home Sharing and Short Term Rentals [Alternative 2 - PC Version] Page 2of2 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 voted on at the Planning Commission; however, it was not approved. ■ 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. ■ 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 Denial based on June 26, 2018 Workshop. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department r 44 City Manager: Xe_ 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 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 I AG-1 AG-2 Home sharing meeting the requirements of section 209.6 1 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. 232 Uses ` Residential Districts R- 1 R-TR- { R- R- 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 i { j Short term rental C C CTC C i C C CC I C 233 6 234 (b) Accessory uses and structures. Uses and structures which are customarily 235 accessory and clearly incidental and subordinate to principal uses and structures and 236 where such accessory structures do not exceed the height of the principal structure and, 237 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 238 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 239 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 240 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 241 the principal structure. Such accessory uses and structures include but are not limited 242 to: 243 . . . . 244 245 (7) Rental of rooms in a dwelling or the entire dwelling for more than thirty 246 (30) consecutive days is an accessory use to the dwelling. 247 248 ARTICLE 6. -APARTMENT DISTRICTS 249 250 . . . . 251 252 Sec. 601. - Use regulations. 253 254 (a) Principal and conditional uses. The following chart lists those uses permitted 255 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 256 respective apartment districts shall be permitted as either principal uses indicated by a 257 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 258 shall be prohibited in the respective districts. No uses or structures other than as 259 specified shall be permitted. 260 - -- Use 1 A-12 I A-18 A-24 A-36 Home sharing meeting the requirements of section 209.6 C Short term rental C I C C C 261 I 262 (b) Accessory uses and structures. Uses and structures which are customarily 263 accessory and clearly incidental and subordinate to principal uses and structures, 264 including but not limited to: 265 266 . . . . 267 7 268 (3) Rental of rooms in a dwelling or the entire dwelling for more than thirty 269 (30) consecutive days is an accessory use to the dwelling. 270 271 272 273 ARTICLE 9. - BUSINESS DISTRICTS 274 275 • • • • 276 277 Sec. 901. - Use regulations. 278 279 (a) Principal and conditional uses. The following chart lists those uses permitted 280 within the B-1 through B-4K Business Districts. Those uses and structures in the 281 respective business districts shall be permitted as either principal uses indicated by a 282 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 283 shall be prohibited in the respective districts. No uses or structures other than as 284 specified shall be permitted. 285 B- B- B- B- B- B- B- Use 1 1 A 2 3 4 4C 4K Home sharing meeting the requirements of section X X X X 209.6 ii -- 1 Short term rental X X XIXIC 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 LQ), 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; a 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 (5) Short term rental. 391 392 . . . . 393 394 C. RT-3 RESORT TOURIST DISTRICT 10 395 396 . . . . 397 398 Sec. 1521. Use regulations. 399 400 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 401 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 402 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 403 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 404 buildings within the RT-3 District may include any principal or conditional uses in 405 combination with any other principal or conditional use. No uses or structures other than 406 those specified shall be permitted. All uses, whether principal or conditional, should to 407 the greatest extent possible adhere to the provisions of the Special Area Design 408 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 409 Plan. 410 Use RT-3 Home sharing meeting the requirements of section 209.6 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 _P Short term rental 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 = = See Sec.209.5 meeting the requirements of section 209.6 meeting the requirements of section 209.6 12 Short term rental _ 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: _ -SAA. k. Planning Dela ment City Attorney'. 'ce CA14135 R-11 February 15, 2018 13 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 Ordinance ALTERNATIVE 1 2 3 4 AN ORDINANCE TO AMEND SECTIONS 102, 111, 401, 5 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 6 ZONING ORDINANCE AND SECTION 5.2 OF THE 7 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 8 AND ADD SECTIONS 209,6 AND 241.2 OF THE CITY 9 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 10 REQUIREMENTS AND USE OF HOME SHARING AND 11 SHORT TERM RENTALS 12 13 Sections Amended: City Zoning Ordinance Sections 102, 14 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 and 15 Oceanfront Resort District Form-Based Code Section 5.2 16 17 Sections Added: City Zoning Ordinance Sections 209.6 and 18 241.2 19 20 WHEREAS,the public necessity,convenience,general welfare and good zoning 21 practice so require; 22 23 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 24 BEACH,VIRGINIA: 25 26 That Sections 102, 111, 401, 501,601, 901, 1110, 1125, 1521, and 2203 of the 27 City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based 28 Code are hereby amended and reordained, and Sections 209.6 and 241.2 of the City 29 Zoning Ordinance are hereby added and ordained,to read as follows: 30 31 ARTICLE 1. GENERAL PROVISIONS 32 33 . . .. 34 35 Sec. 102. Establishment of districts and official zoning maps. 36 37 (a) In order to carry out the purposes and provisions of this ordinance, the 38 following districts are hereby established: 39 40 41 42 (al) There are hereby established the - - - ` • _ -- -- e : - ' - • . 43 following overlay districts: 44 45 (1) Shore Drive Corridor Overlay District("SD"1: City of Virginia Beach Agenda Item D4 Page 2 Ordinance 46 47 j2� North End Overlay District("NE"): 48 49 13) Old Beach Overia -District("OB"Y, 50 51 u Historic Kempsville Area Overlay District("HK";; 52 53 (f) Workforce Housing Overlay District("WF"),and 54 55 (gShort Term Rental Overlay District("STR"i.. 56 57 Such districts shall be designated on the official zoning map by the an 58 appropriate notation"(SD)"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 •: - - .• : : -• -E 64 65 67 en- . :• . ' ••.. 68 69 (p3) There -- - - :- e =-. ' • -. - 70 '•- • " e= ' - 71 _ . : •- -- - - - •- 72 e - . • . - • -- - . - = 73 official 74 75 •-•- : - •. : - • - ' . . e • • 77 - - • - - - 78 • -- . -.•..•.• _. .. 80 2rte 81 82 (a5) T - : •. -- - - -- - - -: --- e - - e • • - • 83 - - - • - ' :•'. _ - . - 244,4F-y-40. llowing - 87 e - - - -• - . . : 88 89 - - --••- e : - !'. . . - - . - : - -- • -Z0114+19-classification 90 of-the-property. 91 2 City of Virginia Beach Agenda Item D4 Page 3 Ordinance 92 93 94 Sec.111. Definitions. 95 96 97 98 Home sharing. A dwellinq in which a room or rooms are offered for rental for 99 compensation for a period of thirty 130) consecutive days or less by an owner who 100 utilizes the dwelling as his principal residence and occupies the dwelling during any 101 such rental period. 102 103 104 105 Hotel and motel. A building or group of attached or detached buildings containing 106 dwelling or lodging units in which fifty(50)percent or more of the units are lodging units, 107 and for which compensation is exchanged for short-term occupancy of the dwelling or 108 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 109 registration and keeping of records relating to hotel guests. 110 metals: 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 11 116 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 dwellino are rented for thirty OA 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 parkin_must be provided on the property in which the home sharin:, is 135 located; 136 3 City of Virginia Beach Agenda Item D4 Page 4 Ordinance 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 City of Virginia Beach Agenda Item D4 Page 5 Ordinance 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 City of Virginia Beach Agenda Item D4 Page 6 Ordinance 220 11.The owner shall provide proof of liability insurance applicable to the rental 221 activity of at least one_million dollars (S1,000.000.00) 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 j21 individuals per bedroom plus four 14j 226 additional persons; 227 228 13.All emergency exits in the structure shall be clearly marked;and 229 230 14.The City may inspect the property at any reasonable time, after notice. to 231 verify compliance with the provisions listed above. 232 233 ARTICLE 4.-AGRICULTURAL DISTRICTS 234 235 (a) Principal and conditional uses. The following chart lists those uses permitted 236 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 237 respective agricultural districts shall be permitted as either principal uses indicated by a 238 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 239 shall be prohibited in the respective districts. No uses or structures other than as 240 specified shall be permitted. 241 Use AG-1 AG-2 Home sharing_meeting the requirements of section 209.6 P P Short term rental C C Short term rental within the STR Overlay District P P 242 243 (b) Accessory uses and structures. Uses and structures which are customarily 244 accessory and clearly incidental and subordinate to principal uses and structures, 245 including but not limited to, an accessory activity operated for profit in a residential 246 dwelling unit where (i)there is no change in the outside appearance of the building or 247 premises or any visible or audible evidence detectable from outside the building lot, 248 either permanently or intermittently, of the conduct of such business except for one (1) 249 nonilluminated sign not more than one (1)square foot in area mounted flat against the 250 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 251 by such activity in greater volumes than would normally be expected in the 6 City of Virginia Beach Agenda Item D4 Page 7 Ordinance 252 neighborhood, and any need for parking generated by the conduct of such activity is 253 met off the street and other than in a required front yard; (iii)the activity is conducted on 254 the premises which is the bona fide residence of the principal practitioner, and no 255 person other than members of the immediate family occupying such dwelling units is 256 employed in the activity; (iv)such activity is conducted only in the principal structure on 257 the lot;(v)there are no sales to the general public of products or merchandise from the 258 home, except for agricultural products, or agricultural-related products, incidental to an 259 agricultural operation on which the dwelling unit is located; and (vi) the activity is 260 specifically designed or conducted to permit no more than one (1)patron, customer, or 261 pupil to be present on the premises at any one time. Notwithstanding the provisions of 262 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 263 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 264 persons on the premises at any one time in connection with the performance of such 265 rites, provided that all other requirements of subdivision (b)(2) are met. The following 266 are specifically prohibited as accessory activities: Convalescent or nursing homes, 267 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 268 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 269 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 270 accessory use to the dwelling. 271 272 273 274 ARTICLE 5. RESIDENTIAL DISTRICTS. 275 276 277 278 Sec.501. Use regulations. 279 280 (a) Principal and conditional uses. The following chart lists those uses permitted 281 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 282 respective residential districts shall be permitted as either principal uses indicated by a 283 "P"or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 284 shall be prohibited in the respective districts. No uses or structures other than as 285 specified shall be permitted. 286 Uses Residential Districts R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 7 City of Virginia Beach Agenda Item D4 Page 8 Ordinance Home sharing meeting the PPPPPP PPP P requirements of section 209.6 Short term rental CCCCC C C CC C Short term rental within the STR PPPPP P P PP P Overlay District 287 288 (b) Accessory uses and structures. Uses and structures which are customarily 289 accessory and clearly incidental and subordinate to principal uses and structures and 290 where such accessory structures do not exceed the height of the principal structure and, 291 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 292 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 293 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 294 accessory uses and structures shall not exceed thirty(30) percent of the floor area of 295 the principal structure. Such accessory uses and structures include but are not limited 296 to: 297 298 299 (/) 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 s City of Virginia Beach Agenda Item D4 Page 9 Ordinance Use A-12 A-18 A-24 A-36 Home sharing meeting the requirements of section 209.6 P PPP Short term rental CCCC Short term rental within the STR Overlay District P PPP 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 thin 323 130)consecutive days is an accessory use to the dwelling. 324 325 326 327 ARTICLE 9.-BUSINESS DISTRICTS 328 329 330 331 Sec.901.-Use regulations. 332 333 (a) Principal and conditional uses. The following chart lists those uses permitted 334 within the B-1 through B-4K Business Districts. Those uses and structures in the 335 respective business districts shall be permitted as either principal uses indicated by a 336 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 337 shall be prohibited in the respective districts. No uses or structures other than as 338 specified shall be permitted. 339 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K Home sharing meeting the requirements of section X X XXPP P 209.6 9 City of Virginia Beach Agenda Item D4 Page 10 Ordinance Short term rental X X XXCC C Short term rental within the STR Overlay District X X X XP 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 j2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 348 130)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;and 368 369 (5) Residential care for seniors, provided that no more than two (2) employees 370 including a bona fide resident of the dwelling shall be permitted: 371 372 jet Home sharin; meetirn_:the requirements of section 209.6:_and 373 374 (Z)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 City of Virginia Beach Agenda Item D4 Page 11 Ordinance 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 (ft) Short term rental. 395 396 B.-PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 397 398 399 400 Sec. 1125.-Allowed uses. 401 402 Within the PD-H2 District,only the following uses and structures shall be permitted: 403 404 (a) Principal uses and structures. 405 406 (1) Dwelling units of the types specified in the land use plan; 407 408 (2) Public buildings,structures,and other public uses; 409 410 (3) Recreational facilities of the type described in the plan; 411 412 (4) Child care education centers, in connection with public or private 413 elementary schools or churches, provided that such uses shall not be 414 eligible for residential density credit; 415 416 (5) Day-care centers, provided that such uses shall not be eligible for 417 residential density credit; 418 419 (6) Public utilities installations and substations; provided offices or storage or 420 maintenance facilities shall not be permitted; and provided, further, that 421 utilities substations, other than individual transformers, shall be surrounded 422 by a wall, solid except for entrances and exits, or by a fence with a 423 screening hedge five (5) to six (6) feet in height; and provided also, 424 transformer vaults for underground utilities and like uses shall require only 425 a landscaped screening hedge,solid except for access opening:; 11 City of Virginia Beach Agenda Item D4 Page 12 Ordinance 426 427 L) Home sharing meeting the requirements of section 209.6;and 428 429 u 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 3j consecutive days is_an 434 accessory use to the dwelling. 435 436 (c) Conditional uses. 437 438 (1) Religious uses, provided that such use shall not be eligible for residential 439 density credit; 440 441 (2) Family day-care homes;foster homes and group homes, provided that such 442 uses shall not be eligible for residential density credit; 443 444 (3) Home occupations:; 445 446 (4) Housing for seniors and disabled persons: 447 448 L5) 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 City of Virginia Beach Agenda Item D4 Page 13 Ordinance Home sharing meeting the requirements of section 209.6 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 ) Rental of rooms in a dwellinq or the entire dwelling for more than 30 477 consecutive days is an accessory use to the dwellinc. 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 City of Virginia Beach Agenda Item D4 Page 14 Ordinance Short term rental 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 dwellin;for more than thirty (301 consecutive days is 505 an accessory use to the dwellinu 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 CMC BUILDING BUILDING BUILDING HOUSF HOUSE BUILDING ' Ground Upper Ground AI! Ground Upper •Uae Standard- .USE Floor Floors Floor Floors Floor Floors AN Foots AL FIaom H404.5 f LODGING Hine.sharin_. _ L _ = L L L = $lp Sac.208.8 m eoW._the requirements of Short tett*rental fr .. - 4 C U - 6§4.11K14,14 Sltoft term renta�. = L ! L. L !_ _ $M Bee.241.2 ININ6 the STR QVpda,Distnn L 513 Adopted by the Council of the City of Virginia Beach, Virginia,on the day of ,2017. 14 City of Virginia Beach Agenda Item D4 Page 15 Ordinance APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C-41-CliteTsQj LA.,k, Planning De)artment City Attomey's Office CA 14135 R-10 November 2.2017 15 City of Virginia Beach Agenda Item D4 Page 16 Ordinance 1 ALTERNATIVE 2 2 3 AN ORDINANCE TO AMEND SECTIONS 111. 401, 501, 4 601, 901, 1110. 1125, 1521 AND 2203 OF THE CITY 5 ZONING ORDINANCE AND SECTION 5.2 OF THE 6 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 7 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 8 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 9 REQUIREMENTS AND USE OF HOME SHARING AND 10 SHORT TERM RENTALS 11 12 Sections Amended: City Zoning Ordinance Sections 111, 13 401, 501, 601, 901, 1110, 1125, 1521, and 2203 and 14 Oceanfront Resort District Form-Based Code Section 5.2 15 16 Sections Added: City Zoning Ordinance Sections 209.6 and 17 241.2 18 19 WHEREAS,the public necessity,convenience,general welfare and good zoning 20 practice so require; 21 22 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 23 BEACH.VIRGINIA: 24 25 That Sections 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the City 26 Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code 27 are hereby amended and reordained, and Sections 209.6 and 241.2 of the City Zoning 28 Ordinance are hereby added and ordained,to read as follows: 29 30 Sec. 111. Definitions. 31 32 33 34 Home sharing. A dwelling in which a room or rooms are offered for rental for 35 compensation for a period of thirty (30) consecutive days or less by an owner who 36 utilizes the dwelling as his principal residence and occupies the dwelling during any 37 such rental. 38 39 40 41 Hotel and motet. A building or group of attached or detached buildings containing 42 dwelling or lodging units in which fifty(50)percent or more of the units are lodging units, 43 and for which compensation is exchanged for short-term occupancy of the dwelling or 44 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 45 registration and keeping of records relating to hotel guests. This term alt, insides 46 motels. 47 City of Virginia Beach Agenda Item D4 Page 17 Ordinance 48 49 50 Principal residence. Principal residence shall be the location where a person 51 lives fifty(50)percent or more of the time. 52 53 54 55 Short term rental.A dwelling that does not meet the definition of home sharing in 56 which a room or rooms,or the entire dwelling are rented for thirty(30)consecutive days 57 or less for compensation. 58 59 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 60 ALL DISTRICTS 61 62 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 63 PARKING,OFF-STREET LOADING, AND CERTAIN USES 64 65 66 67 Sec.209.6.Home sharing. 68 69 1. All parking must be provided on the property in which the home sharing is 70 located. 71 72 2. No noise shall be created in excess of what is normally expected in a 73 residential neighborhood; 74 75 3. No additional traffic shall be created in excess of what is normally expected 76 in a residential neighborhood; 77 78 4. The owner must provide contact information sufficient to allow the city to 79 communicate with the owner occupying the dwelling at all times during the 80 rental period 81 82 5. To the extent permitted by state law,each dwelling offered as a home share 83 must maintain registration with the Commissioner of Revenue's office and 84 pay all applicable taxes. Adiudicated violations of three (3) applicable 85 federal,state or local laws or regulations may result in the revocation of said 86 registration; 87 88 6. There shall be posted in a conspicuous place within the dwelling the 89 complete text of City Code Sections 23-69 through 23-71 (noise),31-26,31- 2 City of Virginia Beach Agenda Item 04 Page 18 Ordinance 90 27 and 31-28(solid waste collection), 12-5 (fires on the beach)and 12-43.2 91 (fireworks); 92 93 7. All refuse shall be placed in automated refuse receptacles, where provided, 94 and comply with the requirements of City Code Sections 31-26, 31-27 and 95 31-28; 96 97 8. There shall be no more than one (1) rental contract during any consecutive 98 seven(7)day period; 99 100 9. The owner shall provide proof of liability insurance applicable to the rental 101 activity of at least one million dollars ($1,000,000.00) underwritten by 102 insurers acceptable to the city; 103 104 10. All emergency exits in the structure shall be clearly marked;and 105 106 11.The City may inspect the property at any reasonable time, after notice, to 107 verify compliance with the provisions listed above. 108 109 C. CONDITIONAL USES AND STRUCTURES 110 111 . . .. 112 113 Sec.241.2 Short term rental. 114 115 1. All parking must be provided on the property in which the short term rental is 116 located; 117 118 2. No noise shall be created in excess of what is normally expected in a 119 residential neighborhood; 120 121 3. No additional traffic shall be created in excess of what is normally expected 122 in a residential neighborhood; 123 124 4. No events with more than fifty (50) people present, shall be held absent a 125 special events permit. Events with more than fifty(50) people are limited to 126 no more than three (3) events in a calendar year. No more than one 127 hundred(100)people shall be present at any event held on the property; 128 129 5. The owner or the owner's agent must be identified and able to be present 130 on site within thirty (30) minutes of being contacted at all times during the 131 rental period; 3 City of Virginia Beach Agenda Item D4 Page 19 Ordinance 132 133 6. No signage shall be on site, except that each short term rental is allowed 134 one (1),one-foot by one-foot sign. posted on the building,that identifies the 135 short term rental: 136 137 7. To the extent permitted by state law. each short term rental must maintain 138 registration with the Commissioner of Revenue's office and pay all 139 applicable taxes. Adjudicated violations of three (3) applicable local, state 140 or federal laws or regulations may result in the revocation of said 141 registration; 142 143 8. There shall be posted in a conspicuous place within the dwelling the 144 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26,31- 145 27 and 31-28 (solid waste collection), 12-5 (fires on the beach)and 12-43.2 146 (fireworks); 147 148 9. All refuse shall be placed in automated refuse receptacles, where provided, 149 and comply with the requirements of City Code Sections 31-26. 31-27 and 150 31-28; 151 152 10.There shall be no more than one(1) rental contract during any consecutive 153 seven(7)day period; 154 155 11.The owner shall provide proof of liability insurance applicable to the rental 156 activity of at least one million dollars ($1,000,000.00) underwritten by 157 insurers acceptable to the city; 158 159 12.The maximum number of persons on the property after 11:00 p.m. and 160 before 7:00 a.m. shall be two (2) individuals per bedroom plus four (4) 161 additional persons: 162 163 13.Any short term rental that has_paid transient occupancy taxes to the 164 Commissioner of the Revenue prior to January 1_2017 shall be considered 165 qrandfathered and shall not be required to obtain a Conditional Use Permit 166 where otherwise required, but must meet the conditions of section 241.2. 167 Any expansion of the footprint of the dwelling housing the short term rental 168 shall repeal the qrandfathered status of the short term rental and require a 169 conditional use permit for such use; 170 171 14.All emergency exits in the structure shall be clearly marked;and 172 173 15.The City may inspect the property at any reasonable time, after notice, to 174 verify compliance with the provisions listed above. 4 '..,. City of Virginia Beach Agenda Item D4 Page 20 Ordinance 175 176 ARTICLE 4.-AGRICULTURAL DISTRICTS 177 178 (a) Principal and conditional uses. The following chart lists those uses permitted 179 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 180 respective agricultural districts shall be permitted as either principal uses indicated by a 181 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 182 shall be prohibited in the respective districts. No uses or structures other than as 183 specified shall be permitted. 184 Use AG-1 AG-2 Home sharing meeting the requirements of section 209.6 P P Short term rental C C 185 186 (b) Accessory uses and structures. Uses and structures which are customarily 187 accessory and clearly incidental and subordinate to principal uses and structures, 188 including but not limited to, an accessory activity operated for profit in a residential 189 dwelling unit where (i) there is no change in the outside appearance of the building or 190 premises or any visible or audible evidence detectable from outside the building lot, 191 either permanently or intermittently, of the conduct of such business except for one (1) 192 nonilluminated sign not more than one (1)square foot in area mounted flat against the 193 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 194 by such activity in greater volumes than would normally be expected in the 195 neighborhood, and any need for parking generated by the conduct of such activity is 196 met off the street and other than in a required front yard;(iii)the activity is conducted on 197 the premises which is the bona fide residence of the principal practitioner, and no 198 person other than members of the immediate family occupying such dwelling units is 199 employed in the activity; (iv)such activity is conducted only in the principal structure on 200 the lot; (v)there are no sales to the general public of products or merchandise from the 201 home, except for agricultural products, or agricultural-related products, incidental to an 202 agricultural operation on which the dwelling unit is located; and (vi) the activity is 203 specifically designed or conducted to permit no more than one(1)patron, customer, or 204 pupil to be present on the premises at any one time. Notwithstanding the provisions of 205 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 206 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 207 persons on the premises at any one time in connection with the performance of such 208 rites, provided that all other requirements of subdivision (b)(2) are met. The following 5 City of Virginia Beach Agenda Item D4 Page 21 Ordinance 209 are specifically prohibited as accessory activities: Convalescent or nursing homes, 210 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 211 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 212 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 213 accessory use to the dwelling. 214 215 216 217 ARTICLE 5. RESIDENTIAL DISTRICTS. 218 219 220 221 Sec.501. Use regulations. 222 223 (a) Principal and conditional uses. The following chart lists those uses permitted 224 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 225 respective residential districts shall be permitted as either principal uses indicated by a 226 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 227 shall be prohibited in the respective districts. No uses or structures other than as 228 specified shall be permitted. 229 Uses Residential Districts R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Home sharing meeting the PPPPP P P P P P requirements of section 209.6 Short term rental CCCCC C C C C C 230 231 (b) Accessory uses and structures. Uses and structures which are customarily 232 accessory and clearly incidental and subordinate to principal uses and structures and 233 where such accessory structures do not exceed the height of the principal structure and, 234 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 6 City of Virginia Beach Agenda Item D4 Page 22 Ordinance 235 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 236 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 237 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 238 the principal structure. Such accessory uses and structures include but are not limited 239 to: 240 241 242 ( ) Rental of rooms in a dwelling or the entire dwelling for more than thirty 243 (30)consecutive days is an accessory use to the dwelling. 244 245 ARTICLE 6.-APARTMENT DISTRICTS 246 247 248 249 Sec.601.-Use regulations. 250 251 (a) Principal and conditional uses. The following chart lists those uses permitted 252 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 253 respective apartment districts shall be permitted as either principal uses indicated by a 254 "P"or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 255 shall be prohibited in the respective districts. No uses or structures other than as 256 specified shall be permitted. 257 Use A-12 A-18 A-24 A-36 Home sharing meeting the requirements of section 209.6 CCCC Short term rental CCCC 258 259 (b) Accessory uses and structures. Uses and structures which are customarily 260 accessory and clearly incidental and subordinate to principal uses and structures, 261 including but not limited to: 262 263 264 265 (j Rental of rooms in a dwelling or the entire dwelling for more than thirty 266 (30)consecutive days is an accessory use to the dwelling. 267 268 7 City of Virginia Beach Agenda Item D4 Page 23 Ordinance 269 270 ARTICLE 9.- BUSINESS DISTRICTS 271 272 . . . . 273 274 Sec.901.-Use regulations. 275 276 (a) Principal and conditional uses. The following chart lists those uses permitted 277 within the B-1 through B-4K Business Districts. Those uses and structures in the 278 respective business districts shall be permitted as either principal uses indicated by a 279 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 280 shall be prohibited in the respective districts. No uses or structures other than as 281 specified shall be permitted. 282 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K Home sharing meeting the requirements of section X X X XP P P 209.6 Short term rental X X X XC C C 283 284 (b) Accessory uses and structures. Uses and structures which are customarily 285 accessory and clearly incidental and subordinate to the principal uses and structures, 286 including,but not limited to: 287 288 289 290 (1) Rental of rooms in a dwelling or the entire dwelling for more than thirty 291 (30)consecutive days is an accessory use to the dwelling. 292 293 ARTICLE 11.-PLANNED DEVELOPMENT DISTRICTS 294 295 Sec. 1110.-Land use regulation. 296 297 298 299 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 300 A-12 Apartment District other than hospitals and sanitariums, together with the 301 following enumerated uses and structures, shall be permitted: 8 City of Virginia Beach Agenda Item D4 Page 24 Ordinance 302 303 (1) Fraternity and sorority houses, student dormitories and student centers; 304 305 (2) Housing for seniors and disabled persons,with a conditional use permit; 306 307 (3) Marinas; 308 309 (4) Private clubs or social centers provided that clubs where conduct of commercial 310 affairs is a principal activity shall not be permitted;acid 311 312 (5) Residential care for seniors, provided that no more than two (2) employees 313 including a bona fide resident of the dwelling shall be permitted..-wand 314 315 j6) Home sharing meeting the requirements of section 209.6. 316 317 (d) Within a PD-H1 District,the following uses shall be allowed as conditional uses: 318 319 (1) Communication towers; 320 321 (2) Family day-care homes; 322 323 (3) Group homes; 324 325 (4) Kennels,residential; 326 327 (5) Religious uses; 328 329 (6) Wind energy conversion systems,free standing and roof-mounted;acid 330 331 (7) Home-based wildlife rehabilitation facilities, provided that the principal 332 structure is a single-family dwelling and the lot is greater than two thousand 333 five hundred(2,500)square feet,.and 334 335 f. ) Short term rental. 336 337 B.-PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 338 339 340 341 Sec. 1125.-Allowed uses. 342 343 Within the PD-H2 District,only the following uses and structures shall be permitted: 344 345 (a) Principal uses and structures. 346 347 (1) Dwelling units of the types specified in the land use plan; 348 9 City of Virginia Beach Agenda Item D4 Page 25 Ordinance 349 (2) Public buildings,structures,and other public uses; 350 351 (3) Recreational facilities of the type described in the plan; 352 353 (4) Child care education centers, in connection with public or private 354 elementary schools or churches, provided that such uses shall not be 355 eligible for residential density credit; 356 357 (5) Day-care centers, provided that such uses shall not be eligible for 358 residential density credit; 359 360 (6) Public utilities installations and substations; provided offices or storage or 361 maintenance facilities shall not be permitted; and provided, further, that 362 utilities substations, other than individual transformers, shall be surrounded 363 by a wall, solid except for entrances and exists, or by a fence with a 364 screening hedge five (5) to six (6) feet in height; and provided also, 365 transformer vaults for underground utilities and like uses shall require only 366 a landscaped screening hedge,solid except for access opening:.and 367 368 (7) Home sharing meeting the requirements of section 209.6. 369 370 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 371 subordinate to the principal uses shall be allowed as accessory uses, Rental of rooms in 372 a dwelling or the entire dwelling for more than 30 consecutive days is an accessory use 373 to the dwelling. 374 375 (c) Conditional uses. 376 377 (1) Religious uses, provided that such use shall not be eligible for residential 378 density credit; 379 380 (2) Family day-care homes;foster homes and group homes, provided that such 381 uses shall not be eligible for residential density credit; 382 383 (3) Home occupations:; 384 385 (4) Housing for seniors and disabled persons..;and 386 387 (5) Short term rental. 388 389 . .. 390 391 C.RT-3 RESORT TOURIST DISTRICT 392 393 . . . 394 395 Sec. 1521. Use regulations. io City of Virginia Beach Agenda Item D4 Page 26 Ordinance 396 397 (a)The following chart lists those uses permitted within the RT-3 Resort Tourist District 398 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 399 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 400 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 401 buildings within the RT-3 District may include any principal or conditional uses in 402 combination with any other principal or conditional use. No uses or structures other than 403 those specified shall be permitted. All uses, whether principal or conditional, should to 404 the greatest extent possible adhere to the provisions of the Special Area Design 405 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 406 Plan. 407 Use RT-3 Home sharing meeting the requirements of section 209.6 P Short term rental C 408 409 (b) Accessory uses and structures : Uses and structures which are customarily 410 accessory and clearly incidental and subordinate to the principal uses and structures; 411 provided, however, that drive-through facilities shall not be permitted as an accessory 412 use: 413 414 415 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 416 (30)consecutive days is an accessory use to the dwelling. 417 418 ARTICLE 22. -CENTRAL BUSINESS CORE DISTRICT 419 420 . . . 421 422 B. -DEVELOPMENT REGULATIONS 423 424 . . . . 425 426 Sec.2203.- Use regulations. 427 428 (a) The following chart lists those uses permitted within the Central Business Core 429 District. Uses and structures shall be allowed either as principal uses, indicated by a 11 City of Virginia Beach Agenda Item D4 Page 27 Ordinance 430 "P",or as conditional uses, indicated by a"C." Uses and structures indicated by an"X" 431 shall be prohibited, unless allowed by special exception for Alternative Compliance 432 pursuant to Section 2205. No uses or structures other than as specified herein or as 433 allowed pursuant to subsection(b)shall be permitted. 434 Use District CBC Home sharing meeting the requirements of section 209.6 P Short term rental C 435 436 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 437 similar to a listed use,the Zoning Administrator may categorize the proposed use as a 438 use permitted by this section, either as a principal or conditional use. In determining 439 whether a proposed use is similar to a listed use, the Zoning Administrator shall 440 consider(1)the actual or projected characteristics of the proposed use in comparison 441 to those of the most similar listed use; and (2)the categorization of the proposed use 442 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 443 rooms in a dwelling or the entire dwelling for more than thirty(30)consecutive days is 444 an accessory use to the dwelling. 445 446 APPENDIX 1.-OCEANFRONT RESORT DISTRICT FORM-BASED CODE 447 448 Sec.5.2. Permitted Use Table. 449 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground 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 6 See Sec.204.5 meesno the requirements of section 209.6 meeet Bre reotnrernents 01 section 209.6 Short term rental = c _ _ ,Stg Sec.241.2 12 City of Virginia Beach Agenda Item D4 Page 28 Ordinance Adopted by the Council of the City of Virginia Beach,Virginia,on the day of ,2017 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14135 R-10 November 2,2017 13 City of Virginia Beach Agenda Item D4 Page 29 ...e ' c• , r fv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY ZONING ORDINANCE AND SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT FORM-BASED CODE AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY ZONING ORDINANCE PERTAINING TO DEFINITION, REQUIREMENTS AND USE OF ACCESSORY USE- SHORT TERM RENTALS [ALTERNATIVE 3] MEETING DATE: July 3, 2018 • Background: At the request of Mayor Jones, staff has prepared a Short Term Rental 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 Council voted to defer consideration of STRs on June 5, 2018. While discussing STRs at the informal session of June 26, 2018, City Council indicated the desire to draft a new STR ordinance that would be sent to Planning Commission for their consideration. Staff's recommendation at the informal session was that all STR ordinances previously presented and referred from the Planning Commission be denied in order to allow consideration of the new ordinance to be referred by the Council to the Planning Commission at a future date. 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. City of Virginia Beach — Home Sharing - Short Term Rentals -Alternative 3 Page 2 of 2 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 voted on at the Planning Commission; however, it was not approved. • 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. • Recommendations: City Staff deferred to the Planning Commission. The Planning Commission did not consider this alternative. ■ Attachment: Staff Report Recommended Action: Staff recommends Denial based on June 26, 2018 Workshop. Planning Commission did not consider this option. Submitting Dep, me. - • •ency: Planning Departmepd •. I.' City Manager. r ii,�C 'S 8( ! ` .f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY ZONING ORDINANCE AND SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT FORM-BASED CODE AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY ZONING ORDINANCE PERTAINING TO DEFINITION, REQUIREMENTS AND USE OF ACCESSORY USE - SHORT TERM RENTALS [ALTERNATIVE 3 - PLANNING COMMISSION VERSION] MEETING DATE: July 3, 2018 • Background: At the request of Mayor Jones, staff has prepared a Short Term Rental 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 Council voted to defer consideration of STRs on June 5, 2018. While discussing STRs at the informal session of June 26, 2018, City Council indicated the desire to draft a new STR ordinance that would be sent to Planning Commission for their consideration. Staff's recommendation at the informal session was that all STR ordinances previously presented and referred from the Planning Commission be denied in order to allow consideration of the new ordinance to be referred by the Council to the Planning Commission at a future date. 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. City of Virginia Beach — Home Sharing - Short Term Rentals- [Alternative 3 - PC Version] Page 2 of 2 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 voted on at the Planning Commission; however, it was not approved. • 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. • 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 Denial based on June 26, 2018 Workshop. Planning Commission recommends Approval. Submitting Department/A.ency: Planning Departm; trippt \ �� City Manager: �� 1 2 PLANNING COMMISSION VERSION 3 ALTERNATIVE 3 4 5 AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 6 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 7 ZONING ORDINANCE AND SECTION 5.2 OF THE 8 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 9 AND ADD SECTIONS 209.6 AND 241 .2 OF THE CITY 10 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 11 REQUIREMENTS AND USE OF HOMESHARING AND 12 SHORT TERM RENTAL 13 14 Sections Amended: City Zoning Ordinance Sections 111, 15 401, 501 , 601, 901, 1110, 1125 and 1521 and Oceanfront 16 Resort District Form-Based Code Section 5.2 17 18 Sections Added: City Zoning Ordinance Sections 209.6 and 19 241.2 20 21 WHEREAS, the public necessity, convenience, general welfare and good zoning 22 practice so require; 23 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That Sections 111, 401, 501, 601, 901, 1110, 1125 and 1521 of the City Zoning 28 Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code are 29 hereby amended and reordained, and Sections 209.6 and 241 .2 of the City Zoning 30 Ordinance is hereby added and ordained, to read as follows: 31 32 ARTICLE 1. GENERAL PROVISIONS 33 34 . . 35 36 Sec. 111. Definitions. 37 38 . . . . 39 40 Home sharing. A dwelling in which a room or rooms are offered for rental for 41 compensation for a period of less than thirty (30) consecutive days by an owner who 42 utilizes the dwelling as his principal residence and occupies the dwelling during any 43 such rental. 44 1 45 Principal residence. Principal residence shall be the location where a person 46 lives fifty (50) percent or more of the time. 47 48 49 Short term rental. A dwelling in which a room or rooms or the entire dwelling are 50 rented for less than thirty (30) consecutive days for monetary compensation. 51 52 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 53 ALL DISTRICTS 54 55 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 56 PARKING, OFF-STREET LOADING, AND CERTAIN USES 57 58 . . . . 59 60 Sec. 209.6. Home sharing. 61 62 To the extent permitted by state law, each dwelling offered as a home share shall 63 maintain registration with the Commissioner of Revenue's office and pay all applicable 64 taxes. Adjudicated violations of three (3) applicable local, state or federal laws or 65 regulations in two consecutive calendar years may result in the revocation of said 66 registration. 67 68 . . . . 69 70 C. CONDITIONAL USES AND STRUCTURES 71 72 . . . . 73 74 Sec. 241.2 Short term rental. 75 76 1. A parking plan illustrating how one parking space for every bedroom shall 77 be provided. Such plan shall be reviewed and approved by the Zoning 78 Administrator or his designee, if appropriate to the zoning district and the 79 adjacent neighborhood; 80 81 2. No noise shall be created in excess of what is normally expected in a 82 residential neighborhood; 83 84 3. No additional traffic shall be created in excess of what is normally expected 85 in a residential neighborhood; 86 2 87 4. No events with more than fifty (50) people present, shall be held absent a 88 special events permit. Events with more than fifty (50) people are limited to 89 no more than three (3) events in a calendar year. No more than one 90 hundred (100) people shall be present at any event held on the property; 91 92 5. A telephone number or other information for an emergency contact shall be 93 provided; 94 95 6. No signage shall be on site, except that each short term rental is allowed 96 one (1), one-foot by one-foot sign, posted on the building, that identifies the 97 short term rental. Architectural signs naming the structure are exempted 98 from this requirement; 99 100 7. To the extent permitted by state law, each short term rental must maintain 101 registration with the Commissioner of Revenue's office and pay all 102 applicable taxes. Adjudicated violations of three (3) applicable local, state 103 or federal laws or regulations in two consecutive calendar years may result 104 in the revocation of said registration; 105 106 8. There shall be posted in a conspicuous place within the dwelling a summary 107 provided by the Zoning Administrator of City Code Sections 23-69 through 108 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on 109 the beach) and 12-43.2 (fireworks); 110 111 9. All refuse shall be placed in automated refuse receptacles, where provided, 112 and comply with the requirements of City Code Sections 31-26, 31-27 and 113 31-28; 114 115 10.There shall be no more than two (2) rental contracts during any consecutive 116 seven (7) day period; 117 118 11.The owner shall provide proof of liability insurance applicable to the rental 119 activity of at least five-hundred thousand dollars ($500,000.00); 120 121 12.The maximum number of persons on the property after 11:00 p.m. and 122 before 7:00 a.m. shall be three (3) individuals per bedroom plus two (2) 123 additional persons; and 124 125 13.The City may inspect the property at any reasonable time, after 24 hours' 126 notice to the contact person and the owner, to verify compliance with the 127 provisions listed above. 128 129 ARTICLE 4. - AGRICULTURAL DISTRICTS 3 130 131 (a) Principal and conditional uses. The following chart lists those uses permitted 132 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 133 respective agricultural districts shall be permitted as either principal uses indicated by a 134 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 135 shall be prohibited in the respective districts. No uses or structures other than as 136 specified shall be permitted. 137 Use AG-1 AG-2 P P Home sharing meeting the requirements of section 209.6 P P Short term rental meeting the requirements of section 241 .2 138 139 (b) Accessory uses and structures. Uses and structures which are customarily 140 accessory and clearly incidental and subordinate to principal uses and structures, 141 including but not limited to, an accessory activity operated for profit in a residential 142 dwelling unit where (i) there is no change in the outside appearance of the building or 143 premises or any visible or audible evidence detectable from outside the building lot, 144 either permanently or intermittently, of the conduct of such business except for one (1) 145 nonilluminated sign not more than one (1) square foot in area mounted flat against the 146 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 147 by such activity in greater volumes than would normally be expected in the 148 neighborhood, and any need for parking generated by the conduct of such activity is 149 met off the street and other than in a required front yard; (iii) the activity is conducted on 150 the premises which is the bona fide residence of the principal practitioner, and no 151 person other than members of the immediate family occupying such dwelling units is 152 employed in the activity; (iv) such activity is conducted only in the principal structure on 153 the lot; (v) there are no sales to the general public of products or merchandise from the 154 home, except for agricultural products, or agricultural-related products, incidental to an 155 agricultural operation on which the dwelling unit is located; and (vi) the activity is 156 specifically designed or conducted to permit no more than one (1) patron, customer, or 157 pupil to be present on the premises at any one time. Notwithstanding the provisions of 158 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 159 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 160 persons on the premises at any one time in connection with the performance of such 161 rites, provided that all other requirements of subdivision (b)(2) are met. The following 162 are specifically prohibited as accessory activities: Convalescent or nursing homes, 4 163 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 164 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 165 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 166 use to the dwelling. 167 168 . . . . 169 170 ARTICLE 5. RESIDENTIAL DISTRICTS. 171 172 173 174 Sec. 501. Use regulations. 175 176 (a) Principal and conditional uses. The following chart lists those uses permitted 177 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 178 respective residential districts shall be permitted as either principal uses indicated by a 179 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 180 shall be prohibited in the respective districts. No uses or structures other than as 181 specified shall be permitted. 182 Uses Residential Districts R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Home sharing meeting the PPPPP P PPP P requirements of section 209.6 Short term rental meeting the P P P�6 P P P PPP P requirements of section 241.2 183 184 (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 PP Home sharing meeting the requirements of section 209.6 Short term rental meeting the requirements of section 241.2 PP P P J 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 B- B- B- B- B- B- B- Use 1 1A 2 3 4 4C 4K Home sharing meeting the requirements of section X X— — — — — — XXP P P 209.6 Short term rental meeting the requirements of X X— — — — — — XXP P P I section 241.2 . . . . I 1 1 236 237 (b) Accessory uses and structures. Uses and structures which are customarily 238 accessory and clearly incidental and subordinate to the principal uses and structures, 239 including, but not limited to: 240 241 . . . . 242 243 (2) Rental of rooms in a dwelling or the entire dwelling for thirty (30) 244 consecutive days or more is an accessory use to the dwelling. 245 246 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 247 248 . . . . 249 Sec. 1110. - Land use regulation. 250 251 252 253 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 254 A-12 Apartment District other than hospitals and sanitariums, together with the 255 following enumerated uses and structures, shall be permitted: 256 257 (1) Fraternity and sorority houses, student dormitories and student centers; 7 258 259 (2) Housing for seniors and disabled persons, with a conditional use permit; 260 261 (3) Marinas; 262 263 (4) Private clubs or social centers provided that clubs where conduct of commercial 264 affairs is a principal activity shall not be permitted; and 265 266 (5) Residential care for seniors, provided that no more than two (2) employees 267 including a bona fide resident of the dwelling shall be permitted; 268 269 (6) Home sharing meeting the requirements of section 209.6; and 270 271 (7) Short term rental meeting the requirements of section 241 .2. 272 273 Sec. 1125. - Allowed uses. 274 275 Within the PD-H2 District, only the following uses and structures shall be permitted: 276 277 (a) Principal uses and structures. 278 279 (1) Dwelling units of the types specified in the land use plan; 280 281 (2) Public buildings, structures, and other public uses; 282 283 (3) Recreational facilities of the type described in the plan; 284 285 (4) Child care education centers, in connection with public or private 286 elementary schools or churches, provided that such uses shall not be 287 eligible for residential density credit; 288 289 (5) Day-care centers, provided that such uses shall not be eligible for 290 residential density credit; 291 292 (6) Public utilities installations and substations; provided offices or storage or 293 maintenance facilities shall not be permitted; and provided, further, that 294 utilities substations, other than individual transformers, shall be surrounded 295 by a wall, solid except for entrances and exits, or by a fence with a 296 screening hedge five (5) to six (6) feet in height; and provided also, 297 transformer vaults for underground utilities and like uses shall require only 298 a landscaped screening hedge, solid except for access opening; 299 300 (7) Home sharing meeting the requirements of section 209.6; and 301 302 (8) Short term rental meeting the requirements of section 241 .2. 303 8 304 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 305 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 306 a dwelling or the entire dwelling for thirty (30) consecutive days or more is an accessory 307 use to the dwelling. 308 309 . . . . 310 311 C. RT-3 RESORT TOURIST DISTRICT 312 313 . . . . 314 315 Sec. 1521. Use regulations. 316 317 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 318 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 319 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 320 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 321 buildings within the RT-3 District may include any principal or conditional uses in 322 combination with any other principal or conditional use. No uses or structures other than 323 those specified shall be permitted. All uses, whether principal or conditional, should to 324 the greatest extent possible adhere to the provisions of the Special Area Design 325 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 326 Plan. Use RT-3 j+ 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 P 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 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' ice CA14135 R-12 February 14, 2018 11 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 71. 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 Ordinance 1 ALTERNATIVE 3 2 3 AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 4 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 5 ZONING ORDINANCE AND SECTION 5.2 OF THE 6 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 7 AND ADD SECTION 209.6 OF THE CITY ZONING 8 ORDINANCE PERTAINING TO THE DEFINITION, 9 REQUIREMENTS AND USE OF ACCESSORY USE- 10 SHORT TERM RENTAL 11 12 Sections Amended: City Zoning Ordinance Sections 111, 13 401, 501, 601, 901, 1110, 1125 and 1521 and Oceanfront 14 Resort District Form-Based Code Section 5.2 15 16 Sections Added: City Zoning Ordinance Section 209.6 17 18 WHEREAS,the public necessity,convenience,general welfare and good zoning 19 practice so require; 20 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 22 BEACH,VIRGINIA: 23 24 That Sections 111, 401, 501, 601, 901, 1110, 1125 and 1521 of the City Zoning 25 Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code are 26 hereby amended and reordained, and Section 209.6 of the City Zoning Ordinance is 27 hereby added and ordained,to read as follows: 28 29 ARTICLE 1. GENERAL PROVISIONS 30 31 32 33 Sec.111. Definitions. 34 35 36 37 Home occupation.The conduct of a business in a residential dwelling unit 38 where all of the following characteristics are present: 39 40 (a) The use of the dwelling unit for the business is clearly incidental and 41 subordinate to its use for residential purposes by its occupants. 42 43 (b) There is no change in the outside appearance of the building or premises or 44 any visible or audible evidence detectable from outside the building lot, 45 either permanently or intermittently,of the conduct of such business except 46 for an identification sign regulated by this ordinance. 47 City of Virginia Beach Agenda Item D5 Page 2 Ordinance 48 (c) The home occupation is conducted on the premises which is the bona fide 49 residence of the principal practitioner, and no more than one (1) person 50 other than a member of the immediate family occupying such dwelling unit 51 is employed in the business. 52 53 (d) There are no sales to the general public of products or merchandise from 54 the home. 55 56 (e) The use does not qualify as an accessory use as defined by this ordinance. 57 58 59 60 Short term rental. A dwelling in which a room or rooms or the entire dwelling are 61 rented for thirty(30)consecutive days or less for monetary compensation, and which is 62 an accessory use in any dwelling unit. 63 64 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 65 ALL DISTRICTS 66 67 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 68 PARKING, OFF-STREET LOADING, AND CERTAIN USES 69 70 . . . . 71 72 Sec.209.6. Accessory use-short term rental. 73 74 1. All parking must be provided on the property in which the home occupation- 75 short term rental is located; 76 77 2. No noise shall be created in excess of what is normally expected in a 78 residential neighborhood; 79 80 3. No additional traffic shall be created in excess of what is normally expected 81 in a residential neighborhood; 82 83 4. No events with more than fifty (50) people present, shall be held absent a 84 special events permit. Events with more than fifty(50) people are limited to 85 no more than three (3) events in a calendar year. No more than one 86 hundred (100)people shall be present at any event held on the property: 87 88 5. The owner or the owner's agent must be identified and able to be present 89 on the site within thirty(30)minutes of being contacted: 90 2 City of Virginia Beach Agenda Item D5 Page 3 Ordinance 91 6. No signage shall be on site, except that each short term rental-home 92 occupation is allowed one (1), one-foot by one-foot sign, posted on the 93 building,that identifies the accessory use-short term rental; 94 95 7. To the extent permitted by state law, each dwelling offered as an 96 accessory use-short term rental must maintain registration with the 97 Commissioner of Revenue's office and pay all applicable taxes. 98 Adjudicated violations of three(3) applicable local, state or federal laws or 99 regulations may result in the revocation of said registration; 100 101 8. There shall be posted in a conspicuous place within the dwelling the 102 complete text of City Code Sections 23-69 through 23-71 (noise),31-26,31- 103 27 and 31-28(solid waste collection), 12-5(fires on the beach)and 12-43.2 104 (fireworks); 105 106 9. All refuse shall be placed in automated refuse receptacles,where provided, 107 and comply with the requirements of City Code Sections 31-26, 31-27 and 108 31-28; 109 110 10. There shall be no more than one (1) rental contract during any seven (7) 111 day period; 112 113 11. The owner shall provide proof of liability insurance applicable to the rental 114 activity of at least one million dollars ($1,000,000.00) underwritten by 115 insurers acceptable to the city; 116 117 12. The maximum number of persons on the property after 11:00 p.m. and 118 before 7:00 a.m. shall be two (2) individuals per bedroom plus four (4) 119 additional persons; 120 121 13. All emergency exits in the structure shall be clearly marked;and 122 123 14. The City may inspect the property at any reasonable time, after notice, to 124 verify compliance with the provisions listed above. 125 126 127 128 ARTICLE 4.-AGRICULTURAL DISTRICTS 129 130 (a) Principal and conditional uses. The following chart lists those uses permitted 131 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 132 respective agricultural districts shall be permitted as either principal uses indicated by a 133 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 3 City of Virginia Beach Agenda Item D5 Page 4 Ordinance 134 shall be prohibited in the respective districts. No uses or structures other than as 135 specified shall be permitted. 136 AG- AG- Use1 2 Accessory use-short term rental meeting the requirements of section P P 209.6 Home occupations,including those conducted outside the principal C C structures 137 138 (b) Accessory uses and structures. Uses and structures which are customarily 139 accessory and clearly incidental and subordinate to principal uses and structures, 140 including but not limited to, an accessory activity operated for profit in a residential 141 dwelling unit where (i) there is no change in the outside appearance of the building or 142 premises or any visible or audible evidence detectable from outside the building lot, 143 either permanently or intermittently, of the conduct of such business except for one (1) 144 nonilluminated sign not more than one (1)square foot in area mounted flat against the 145 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 146 by such activity in greater volumes than would normally be expected in the 147 neighborhood, and any need for parking generated by the conduct of such activity is 148 met off the street and other than in a required front yard;(iii)the activity is conducted on 149 the premises which is the bona fide residence of the principal practitioner, and no 150 person other than members of the immediate family occupying such dwelling units is 151 employed in the activity; (iv)such activity is conducted only in the principal structure on 152 the lot; (v)there are no sales to the general public of products or merchandise from the 153 home, except for agricultural products, or agricultural-related products, incidental to an 154 agricultural operation on which the dwelling unit is located; and (vi) the activity is 155 specifically designed or conducted to permit no more than one (1)patron, customer, or 156 pupil to be present on the premises at any one time. Notwithstanding the provisions of 157 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 158 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 159 persons on the premises at any one time in connection with the performance of such 160 rites, provided that all other requirements of subdivision (b)(2) are met. The following 161 are specifically prohibited as accessory activities: Convalescent or nursing homes, 162 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 163 television repair shops, auto repair shops,or similar establishments. Rental of rooms in 164 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 165 accessory use. 4 City of Virginia Beach Agenda Item D5 Page 5 Ordinance 166 167 (b.1) Accessory use-short term rental. A use that meets the requirements of Section 168 209.6. 169 170 171 172 ARTICLE 5. RESIDENTIAL DISTRICTS. 173 174 175 176 Sec.501. Use regulations. 177 178 (a) Principal and conditional uses. The following chart lists those uses permitted 179 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 180 respective residential districts shall be permitted as either principal uses indicated by a 181 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 182 shall be prohibited in the respective districts. No uses or structures other than as 183 specified shall be permitted. 184 Uses Residential Districts R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D SR 5S 2.5 Accessory use-short term rental PPPPPP PPP P meeting the requirements of section 209.6 CCCCCCCCCC Home occupation 185 186 (b) Accessory uses and structures. Uses and structures which are customarily 187 accessory and clearly incidental and subordinate to principal uses and structures and 188 where such accessory structures do not exceed the height of the principal structure and, 189 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 190 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 191 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 5 City of Virginia Beach Agenda Item D5 Page 6 Ordinance 192 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 193 the principal structure. Such accessory uses and structures include but are not limited 194 to: 195 196 197 (I) Rental of rooms in a dwelling or the entire dwelling for more than thirty 198 (30)consecutive days is an accessory use. 199 200 (b.1) Accessory use-short term rental._A use that meets the requirements of Section 201 209.6. 202 203 ARTICLE 6.-APARTMENT DISTRICTS 204 205 206 207 Sec.601.-Use regulations. 208 209 (a) Principal and conditional uses. The following chart lists those uses permitted 210 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 211 respective apartment districts shall be permitted as either principal uses indicated by a 212 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 213 shall be prohibited in the respective districts. No uses or structures other than as 214 specified shall be permitted. 215 Use A- A- A- A- 12 18 24 36 Accessory use-short term rental meeting the requirements of P P P P section 209.6 Home occupation C C C C 216 217 (b) Accessory uses and structures. Uses and structures which are customarily 218 accessory and clearly incidental and subordinate to principal uses and structures, 219 including but not limited to: 220 221 . . . . 222 223 U Rental of rooms in a dwelling or the entire dwelling for more than thirty 224 (30)consecutive days is an accessory use. 6 City of Virginia Beach Agenda Item D5 Page 7 Ordinance 225 226 (b.1) Accessory use-short term rental. A use that meets the requirements of Section 227 209.6. 228 229 230 231 ARTICLE 9.- BUSINESS DISTRICTS 232 233 234 235 Sec.901.-Use regulations. 236 237 (a) Principal and conditional uses. The following chart lists those uses permitted 238 within the B-1 through B-4K Business Districts. Those uses and structures in the 239 respective business districts shall be permitted as either principal uses indicated by a 240 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 241 shall be prohibited in the respective districts. No uses or structures other than as 242 specified shall be permitted. 243 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K Accessory use-short term rental meeting the X X XXPP P requirements of section 209.6 Home occupations X X XXCC C 244 245 (b) Accessory uses and structures. Uses and structures which are customarily 246 accessory and clearly incidental and subordinate to the principal uses and structures, 247 including, but not limited to: 248 249 . . . . 250 251 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 252 (30)consecutive days is an accessory use. 253 254 (b.1) Accessory use-short term rental. A use that meets the requirements of Section 255 209.6. 256 7 City of Virginia Beach Agenda Item D5 Page 8 Ordinance 257 B.- PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 258 259 260 261 Sec. 1125.-Allowed uses. 262 263 Within the PD-H2 District, only the following uses and structures shall be permitted: 264 265 (a) Principal uses and structures. 266 267 (1) Dwelling units of the types specified in the land use plan; 268 269 (2) Public buildings,structures, and other public uses; 270 271 (3) Recreational facilities of the type described in the plan: 272 273 (4) Child care education centers, in connection with public or private 274 elementary schools or churches, provided that such uses shall not be 275 eligible for residential density credit; 276 277 (5) Day-care centers. provided that such uses shall not be eligible for 278 residential density credit; 279 280 (6) Public utilities installations and substations; provided offices or storage or 281 maintenance facilities shall not be permitted; and provided, further, that 282 utilities substations, other than individual transformers, shall be surrounded 283 by a wall. solid except for entrances and exits, or by a fence with a 284 screening hedge five (5) to six (6) feet in height; and provided also, 285 transformer vaults for underground utilities and like uses shall require only 286 a landscaped screening hedge, solid except for access opening:. and 287 288 C7_) Accessory use-short term rental meeting the requirements of section 209.6. 289 290 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 291 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 292 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 293 accessory use. 294 295 . . . . 296 297 C. RT-3 RESORT TOURIST DISTRICT 298 299 300 301 Sec. 1521. Use regulations. 302 8 City of Virginia Beach Agenda Item D5 Page 9 Ordinance 303 (a)The following chart lists those uses permitted within the RT-3 Resort Tourist District 304 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 305 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 306 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 307 buildings within the RT-3 District may include any principal or conditional uses in 308 combination with any other principal or conditional use. No uses or structures other than 309 those specified shall be permitted. All uses, whether principal or conditional, should to 310 the greatest extent possible adhere to the provisions of the Special Area Design 311 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 312 Plan. Use RT-3 P Accessory use-short term rental meeting the requirements of section 209.6 C Home occupations 313 314 (b) Accessory uses and structures : Uses and structures which are customarily 315 accessory and clearly incidental and subordinate to the principal uses and structures; 316 provided, however, that drive-through facilities shall not be permitted as an accessory 317 use: 318 319 320 321 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 322 (30)consecutive days is an accessory use. 323 324 (b.1) Accessory use-short term rental. A use that meets the requirements of Section 325 209.6. 326 327 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 328 329 . . . 330 331 B. - DEVELOPMENT REGULATIONS 332 333 . . . 334 335 Sec. 2203.- Use regulations. 9 City of Virginia Beach Agenda Item D5 Page 10 Ordinance 336 337 (a) The following chart lists those uses permitted within the Central Business Core 338 District. Uses and structures shall be allowed either as principal uses, indicated by a 339 "P",or as conditional uses, indicated by a"C." Uses and structures indicated by an"X" 340 shall be prohibited, unless allowed by special exception for Alternative Compliance 341 pursuant to Section 2205. No uses or structures other than as specified herein or as 342 allowed pursuant to subsection(b)shall be permitted. 343 Use District CBC Accessory use-short term rental meeting the requirements of section 209.6 C Home occupations 344 345 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 346 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 347 use permitted by this section, either as a principal or conditional use. In determining 348 whether a proposed use is similar to a listed use. the Zoning Administrator shall 349 consider (1)the actual or projected characteristics of the proposed use in comparison 350 to those of the most similar listed use; and (2)the categorization of the proposed use 351 in the Standard Land Use Coding Manual(First Edition January 1965) 352 353 (b.1) Rental of rooms in a dwelling or the entire dwelling for more than thirty (30) 354 consecutive days is an accessory use. 355 356 (b.2) Accessory use-short term rental. A use that shall meet the requirements of 357 Section 209.6. 358 359 APPENDIX 1.-OCEANFRONT RESORT DISTRICT FORM-BASED CODE 360 361 362 363 Sec.5.2. Permitted Use Table. 364 MIXED-USE COMMERCIAL APARTMENT ROW HOUSE DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE BUILDING L 10 City of Virginia Beach Agenda Item D5 Page 11 Ordinance Ground Upper Grounc Floor All floors Ground 1 Upper { lkeSMdud USE Roo Foors Floor Floors M Floons Ad Roofs LODGING Nome Occupation — I - ... L L L L See Sao 21 Accesso use , _ L _ = f L L L = MI shpft term rental jI • Realm the re,uirernents of 'I sI sect 209.E i j i_. ... ff .._ i Adopted by the Council of the City of Virginia Beach,Virginia,on the day of , 2017. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: • 'tannin epartment City Attorney's Office 9 CA14135 R-10 November 14,2017 1. City of Virginia Beach Agenda Item D5 Page 12 J. 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 POLICY AND MANAGEMENT TEAM 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 K. UNFINISHED BUSINESS L. NEW BUSINESS M. 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 *************************** 07/03/2018 rrw K. UNFINISHED BUSINESS L. NEW BUSINESS M. 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 *************************** 07/03/2018 ITW CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/19/2018 PAGE: 1 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E I-I W B N E J F 1 B P DNOK M H L W O 0 Y L N A 0 R S 0 TR EEENS I 0 0 T T R Y S E S '9 N D CITY COUNCIL'S BRIEFING R FS C H L D t' L FD Delegate Glenn R. A. CANNABIS OIL LEGISLATION and Davis—84th District DEVELOPMENT OPPORTUNITIES Warren Harris, Director—Economic Development Q. CITY MANAGER'S BRIEFINGS Ronald H.Williams, A. ENTERTAINMENT DISTRICT UPDATE Jr.,Deputy City Manager H PULSE POINT UPDATE Chief Edward Brazle —Emergency Medical Services C. ASHVILLE PARK PHASE 1 AND COST Thomas M.Leahy, PARTICIPATION AGREEMENT Deputy City Manager D. VIRGINIA AQUARIUM MARINE Mark Johnson, ANIMAL CARE CENTER Director—Public Works CERTIFICATION CERTIFIED 9-0 Y Y Y Y `r' A Y Y Y Y VI F MINUTES 1.June 5,2018 APPROVED 9-0 Y Y Y Y Y A Y 1' Y 1' 2.June 12,2018 APPROVED 7-0 A Y Y Y Y A A Y Y 1. B B S S 1. T A I I F E D D I1 PUBLIC HEARING 1. EXTENSION OF CABLE FRANCHISE 1 SPEAKER Verizon Virginia,Inc. 11. Resolution to EXTEND the City's Cable Franchise with Verizon Virginia,Inc.until the ADOPTED,BY 9-0 Y Y 0 0 7' A Y Y 1' 1' earlier of December 31,2018,or the date on CONSENT which the franchise agreement is renewed Ordinance to APPOINT three(3)viewers for ADOPTED,BY 1.2 one-year terms beginning July 1,2018,re CONSENT 9-it 1' Y 1 1" 1' A Y Y 1 1 view each street or alley proposed to be closed CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/19/2018 PAGE: 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U 1 B P DNOK M H L W O O Y L N A 0 R S 0 T R E EENS I 0 0 T T R Y S E S N N D 1.3. Resolution to GRANT renewal permits re ADOPTED 9-0 Y Y Y Y Y A Y Y Y Y ALLOW Emergency Medical Services(EMS) Agencies to operate in the City of Virginia Beach a. American Lifeline Medical Transport,Inc. b. American Medical Response Mid- Atlantic,Inc. c. Cardinal Ambulance Services,Inc. d. Children's Hospital of the King's Daughters e. Delta Medical Transport,Inc. f. Heart Song Care Transport,Inc. g. LifeCare Medical Transports,Inc. h. Medical Transport,LLC Nightingale Regional Air Ambulance,Inc. j. Reliance Medical Transport,LLC k. Robbie's Ambulance Service,Inc. I. Special Event Providers of Emergency Medicine,Inc. m. Swift Medical Transport n. Tidewater Medical Transport,Inc. 1.4. Resolution to RE-ADOPT the City ADOPTED 7-2 N Y Y Y Y A N Y Y Y Guidelines re considering requests made pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) 1 5. Ordinance to APPROVE a term sheet re DEFERRED TO 7-2 Y YNY Y A Y Y Y N Ashville Park Drainage Improvements JULY 3,2018 and AUTHORIZE the City Manager to EXECUTE a Cost Participation Agreement and an Agreement of Sale and Dedication I.6. Ordinance to AUTHORIZE the acquisition ADOPTED,BY 8-1 Y Y Y Y Y A N Y Y Y of Agricultural Land Preservation(ARP) CONSENT easements from My III Sons,LLC at 1812 Indian River Road(Deferred Indefinitely on June 5,2018) Ordinances re compensation to City Council ADOPTED 7-2 N Y Y Y Y A N Y Y Y L7. Appointees effective July 1,2018: a. City Manager b. City Attorney c. City Clerk d. City Assessor e. City Auditor I.8. Ordinance to APPROPRIATE$250,000 to the ADOPTED 9-0 Y Y YYY A Y Y Y Y Virginia Beach Development Authority (VBDA) re Commonwealth Opportunity Fund Award to SANJO Virginia Beach,Inc. Ordinance to APPROPRIATE$75,000 to ADOPTED,BY 9-0 Y Y Y Y Y A Y Y Y Y 1.9. the Department of Housing and CONSENT Neighborhood Preservation Operating Budget re Housing Choice Voucher Program CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/19/2018 PAGE: 3 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J L I B P DNOKM H L W O O Y L N A 0 R S 0 T R E E ENS I 0 0 T TR Y S ES N N D Ordinance to TRANSFER: 1.10 a. $125,000 from Debt Service to the City ADOPTED 9-0 YVYY Y A Y Y Y Y Attorney Operating Budget re Arena Litigation Ordinances to TRANSFER: 1.10 ADOPTED,BY 9-0 '0 '0 V Y Y A Y V V V b. $2,106,338 from the Housing Resource CONSENT Center CIP to Virginia Aquarium Marine Animal Care Center CIP c. $737,500 within the Fire Department Operating Budget re reallocate health insurance costs d. $145,000 within the Juvenile Probation Department Operating Budget re support dispositional services e. $278,856 within the Department of Human Services Operating Budget re Children's Services Act Program f $491,743 within the Sheriff's Office Special Revenue Fund re payroll obligations g. $650,000 from Debt Service re cost increases associated with the Disabled Veteran and Elderly and Disabled Tax Relief Program HOFD ASHVILLE PARK,LLC for a DEFERRED TO 7-2 Y Y N Y Y A Y Y Y N J I Modification of Proffers of a Conditional JULY 3,2018 Rezoning at the north and south sides of Ashville Park Boulevard(Approved on February 24,2004,and Modified on May 10, 2005,and February 14,2012) DISTRICT 7—PRINCESS ANNE CITY OF VIRGINIA BEACH for a DEFERRED 9-0 Y Y Y Y Y A Y Y Y Y J.2. Modification of Conditions re borrow pit-fill INDEFINITELY at 560 Oceana Boulevard(Approved August 25,2001)DISTRICT 6—BEACH NORTHAMPTON DEVELOPMENT, APPROVED,AS 9-0 YY Y Y Y A Y Y Y Y J 3. LLC/ECONOMIC DEVELOPMENT PROFFERED AUTHORITY OF THE CITY OF NORFOLK for a Conditional Change of Zonine from R-5D Residential to Conditional B-2 Community Business at the north side of Northampton Boulevard, adjacent to and east of Premium Outlets Boulevard DISTRICT 4 —BAYSIDE BHC,LLC/CHRISTINE JO HERRIT for APPROVED,AS 9-0 YVYYY A Y Y Y Y J.4. a Conditional Change of Zoning from B-2 PROFFERED/ Community Business to B-4 Mixed Use and a CONDITIONED, Conditional Use Permit re multi-family BY CONSENT dwellings at 3739 Shore Drive DISTRICT 4—BAYSIDE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/19/2018 PAGE. 4 U A AGENDA V ITEM 4 SUBJECT MOTION \U IL A E H B N E J J. I B P DNOK \1 II L \\ O O Y L N \ R S TR LEEN S I O l) T T R 1" S F S N N I) BEACH BUILDING GROUP,INC./MCQ APPROVED/ 8-0 Y A Y Y 1" V 1" 1 1' 1 J.S. BUILDERS LLC-2 for Special Exemption to CONDITIONED, B Alternative Compliance to the Oceanfront BY CONSENT S Resort District Form-Based Code re setback T and lot width requirements at 521&523 A 20th Street DISTRICT 6-BEACH I N E D J 6 GINA ARNEY/BARBARA ARNEY& APPROVED/ v-u Y Y 1" 1' 1 KENNETH T.BAREFOOT for a CONDITIONED Conditional Use Permit re family day-care home at 600 Iris Lane DISTRICT 4- BAYSIDE VA FINISHING,LLC/SPRING APPROVED/ 9-0 Y Y Y 1 1' Y Y 1' 1- J.7. BUILDING,LLC for a Conditional Use CONDITIONED, Permit re automobile repair garage at 4990 BY CONSENT Euclid Road DISTRICT 4-BAYSIDE SAVARNAS BEAUTY SPA/AIGLON APPROVED/ 9-0 1' J.8. ASSOCIATES,L.P.for a Conditional Use CONDITIONED, 1" 1" Y Y A 1" Y Y Y Permit re tattoo parlor at 1860 Laskin Road, BY CONSENT Suite 120 DISTRICT 6-BEACH VALVOLINE,LLC/AH SANDBRIDGE, APPROVED/ J.9 LLC for a Conditional Use Permit re CONDITIONED, 9-0 Y 1' \ Y Y automobile repair garage at the western BY CONSENT outparcel of 2105 Princess Anne Road DISTRICT 7-PRINCESS ANNE HALLE PROPERTIES,LLC/GOPA APPROVED/ J 10. TWO,LLC for a Conditional Use Permit re CONDITIONED, 9-0 Y Y Y Y Y A Y Y Y Y automobile repair garage at 4300 Virginia BY CONSENT Beach Boulevard and 417 Thalia Road DISTRICT 5-LYNNHAVEN Resolution to AUTHORIZE 3(three) APPROVED,BY J.11. Roadside Guide Signs within the Central CONSENT 9-0 Y Y Y 1" Y A Y Y Y Y Business Core District re Zeiders American Dream Theatre DISTRICT 4-BAYSIDE . APPOINTMENTS: K RESCHEDULED 13 1. C O N SINS C S 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAY AND TRAILS ADVISORY COMMI 1 IEE BOARD OF BUILDING CODE APPEALS- ELECTRICAL DIVISION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS NORFOLK AND VIRGINIA BEACH JOINT LAND USE CITY OF VIRGINIA BEACH 'I SUMMARY OF COUNCIL ACTIONS DATE:06/19/2018 PAGE: 5 D A AGENDA V ITEM# SUBJECT MOTION VOTE A I' H \k II N E J U I II I' D N 0 h \1 H L \V l) U 1" L N A 0 R S 0 T R L E I N S I 0 0 T T R V S L S N N D 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 L/M/N ADJOURNMENT 8:59 PM