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HomeMy WebLinkAbout06-23-2020 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ,‘N1A-Bc MAYOR ROBERT M. "BOBBY"DYER,At Large JtQ y VICE MAYOR JAMES L.WOOD,Lynnhaven-District 5 JESSICA P.ABBOTT,Kempsville-District 2 MICHAEL F.BERLUCCHI,Rose Hall-District 3 BARBARA M.HENLEY,Princess Anne-District 7 LOUIS R.JONES,Bayside-District 4 JOHN D.MOSS,At Large '+ - ,�� AARONR.ROUSE,At Large °F °°, ,,...,0"s GUYK TOWER,Beach-District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D.WOOTEN,Centerville-District I 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 ACTING CITY MANAGER-THOMAS M.LEAHY PHONE:(757)385-4303 CITY ATTORNEY-MARKD.STILES FAX(757)385-5669 CITY ASSESSOR-RONALDD.AGNOR CITY COUNCIL WORKSHOP AGENDA E-MAIL:CITYCOUNCILQvbgov.com CITY AUDITOR-LYNDON S.REMIAS CITY CLERK-AMANDABARNES June 23, 2020 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 4:00 PM A. CONVENTION AND VISITORS BUREAU RETREAT FOLLOW-UP Ronald H. Williams, Jr.—Deputy City Manager B. PENDING PLANNING ITEMS Bill Landfair, Planning Evaluation Coordinator Kevin Kemp, Zoning Administrator CITY COUNCIL SPECIAL FORMAL SESSION II. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer - City Council Chamber - 5:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ROLL CALL OF CITY COUNCIL C. AGENDA REVIEW D. RECESS TO CLOSED SESSION III. RECONVENE SPECIAL FORMAL SESSION - City Council Chamber- 6:00 PM A. CERTIFICATION OF CLOSED SESSION • B. MINUTES INFORMAL and FORMAL SESSION June 2, 2020 SPECIAL FORMAL SESSION June 3, 2020 SPECIAL FORMAL SESSION June 4, 2020 SPECIAL FORMAL SESSION June 9, 2020 SPECIAL FORMAL SESSION June 13, 2020 C. PUBLIC HEARING 1. APPROPRIATION OF CARES ACT FUNDING D. SPECIAL SESSION AGENDA 1. CONSENT AGENDA E. ORDINANCE/RESOLUTION 1. Ordinance to ACCEPT and APPROPRIATE $258,160 from Department of Justice Coronavirus Emergency Supplemental Funding Program(CESFP)re Correctional Center video wall, purchase of drug screen tests, and temporary contractual positions 2. Resolution to REINSTATE all portions of the City Council Speaker Policy F. PLANNING 1. CRAIG LEWANDOWSKI for a Conditional Use Permit re short term rental at 4446 Gulls Quay, Unit A DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. NIKITA STEPANOV for a Conditional Use Permit re short term rental at 932 Delaware Avenue DISTRICT 6—BEACH RECOMMENDATION: DENIAL 3. BEACH BOROUGH DEVELOPMENT,LLC for Conditional Use Permits re short term rental: a. 410 25th Street b. 408 25th Street, Units A& B DISTRICT 6—BEACH RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 4. ANTHONY S. CRAIG & MONICA MALONE-CRAIG/DAN G. PESCARIU & CRISTINA G. MAXIUM for a Conditional Use Permit re short term rental at 417 22 %2 Street DISTRICT 6—BEACH RECOMMENDATION: DENIAL 5. LBC RENTALS, LLC for a Conditional Use Permit re short term rental at 209 83rd Street, Units A& B DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 6. CYNTHIA E. FULMER-CARZO/CHRISTOPHER G. CARZO ET UX. & DEBORAH DARE for a Conditional Use Permit re short term rental at 202 76th Street DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 7. STEPHANIE N. FAILLA& DUNE OKAY, LLC for a Conditional Use Permit re short term rental at 216 69th Street,Unit B DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL G. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD IV. ADJOURNMENT ********************xxxxxx********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to pmcgraw@vbgov.com or call 385-4303. city of Virginia Such U � s , r G 2 9Fs 0� Of oUR V \Bp ROBERT M.'BOBBY'DYER MUMCIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGIMIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 June 18, 2020 BDrERavBGov.coM HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION MEETING of the VIRGINIA BEACH CITY COUNCIL Tuesday,June 23, 2020 5:00 P.M. City Council Chamber Building 1, City Hall, 2nd Floor 2401 Courthouse Drive This SPECIAL FORMAL SESSION will follow the regularly scheduled City Council Workshop, which starts at 4:00 P.M The purpose of this SPECIAL FORMAL SESSION is for the City Council to hold Agenda Review,convene into Closed Session and then at 6:00 P.M. consider the items listed on the published Agenda. Citizens may comment either in person or virtually. If you would like to speak in person on a public hearing or planning item,please call the City Clerk's office at 757-385-4303 to sign up. Be advised that there is limited seating available in the City Council Chamber to ensure social distancing, as recommended by the CDC. If you wish to make comments virtually on a public hearing or planning item,please follow the two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e6a7dfl 533c3ed0ad4d282709e13a69dc •Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnes@,vbgov.corn prior to 5:30 p.m. on June 23, 2020 This Special Formal Session will be broadcast on cable tv, www.vbgov.com and Facebook Live. Citizens are encouraged to submit their comments to the City Council prior to the Special Meeting via email at CitvCouncil@vbgov.com. Sincerely, Robert M.Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 4:00 PM A. CONVENTION AND VISITORS BUREAU RETREAT FOLLOW-UP Ronald H. Williams, Jr. —Deputy City Manager B. PENDING PLANNING ITEMS Bill Landfair, Planning Evaluation Coordinator Kevin Kemp, Zoning Administrator CITY COUNCIL SPECIAL FORMAL SESSION II. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer - City Council Chamber- 5:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ROLL CALL OF CITY COUNCIL C. AGENDA REVIEW D. RECESS TO CLOSED SESSION III. RECONVENE SPECIAL FORMAL SESSION -City Council Chamber- 6:00 PM A. CERTIFICATION OF CLOSED SESSION B. MINUTES INFORMAL and FORMAL SESSION June 2, 2020 SPECIAL FORMAL SESSION June 3, 2020 SPECIAL FORMAL SESSION June 4, 2020 SPECIAL FORMAL SESSION June 9, 2020 SPECIAL FORMAL SESSION June 13, 2020 C. PUBLIC HEARING 1. APPROPRIATION OF CARES ACT FUNDING \% � '•iC T L4 aWt�SM'tiO� PUBLIC HEARING APPROPRIATION OF CARES ACT FUNDING On Tuesday,June 23,2020,at 6:00 p.m.in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach,Virginia,the Virginia Beach City Council will hold a PUBLIC HEARING on a proposed amendment to its Operating and Capital Budgets that exceeds 1%.This amendment is to appropriate $39,258,497 in funding received by the City from the CARES Act. The proposed use of funds will include reimbursement and future costs related to public health and medical expenses, implementation of safety measures, salary reimbursements and for expanded efforts of local economic support. The City Council will receive a public briefing on the use of CARES Act funding at its June 16, 2020 informal session, and detailed information as to the use of CARES Act funds on the City's website at https://www.vbEov.com/eovernment /de oa rtments/finance/Pa;7es/defa u I t.asox. Any citizen wishing to make comments virtually during the public hearing should follow a two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/o nstage/g.php?MTI D=e6a7df1533c 3ed0ad4d282709e13a69dc •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbgov.cortt prior to 5:30 p.m.on June 23,2020 If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303;Hearing Impaired call TDD- 711. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:Sunday,June 14,2020 D. SPECIAL SESSION AGENDA 1. CONSENT AGENDA E. ORDINANCE/RESOLUTION 1. Ordinance to ACCEPT and APPROPRIATE $258,160 from Department of Justice Coronavirus Emergency Supplemental Funding Program (CESFP) re Correctional Center video wall, purchase of drug screen tests, and temporary contractual positions 2. Resolution to REINSTATE all portions of the City Council Speaker Policy S CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Accept and Appropriate $258,160 in Funds from the United States Department of Justice Coronavirus Emergency Supplemental Funding Program MEETING DATE: June 23, 2020 ■ Background: As part of the Coronavirus Aid, Relief, and Economic Security (CARES)Act, the United States Congress directly appropriated $850 million to the United States Department of Justice, Office of Justice Programs, for state and local law enforcement assistance. This assistance is to be known as the Coronavirus Emergency Supplemental Funding Program (CESFP). As part of the appropriation, Congress instructed the Department of Justice to allocate these funds to recipients of the federal FY 2019 Edward Byrne Memorial Justice Assistance Grant program. As a recipient of this prior award, the City of Virginia Beach is eligible for funding from the CESFP. Funds are assigned based on the traditional Edward Byrne statutory formula. Therefore, under the Department of Justice's calculation, the City is directly eligible for federal assistance of$258,160. Although these funds were reserved for the City, the Department of Justice still requires an application and a review of the intended uses of the assistance prior to distribution of the funds to the City. On June 6, 2020, the Department of Justice notified the City of its award. ■ Considerations: Only criminal justice agencies are eligible for funds from the CESFP. CESFP funds can be used for the following categories of items: overtime, hiring, equipment, training, travel, and addressing the medical needs of inmates. Based on other funding available, the City focused its CESFP application on hiring and the medical needs of inmates. To determine which projects would be in included in the City's CESFP application, the City convened its Community Criminal Justice Board (CCJB). The CCJB is made up of representatives from the following departments and agencies: Commonwealth's Attorney, Community Corrections and Pretrial Services, Courts, Juvenile Probation, Police, and the Sheriff's Office (VBSO). Over the course of two meetings, the CCJB awarded funds, by consent, to two projects. The first project is a video wall at the Correctional Center. This project will receive $198,160 and will fund the purchase, installation, and operation of sixteen touch screen monitors that will assist the VBSO in overseeing inmate movement inside and outside the Correctional Center. The monitors will provide the VBSO with an easy vehicle to retroactively engage in track and trace activities of inmate interactions, which will be valuable if an inmate tests positive for coronavirus. This system will allow the VBSO to quickly and accurately determine if this inmate was in close proximity to others. The second project is for $60,000 to help Community Corrections and Pretrial Services effectively respond to the additional caseload of criminal defendants that have been placed into diversion related services in response to the desire to lessen the amount of people in the Correctional Center, the closure of the Virginia court system, and the resultant delay of most court cases far into the future. The award will provide Community Corrections with $40,000 of contracted manpower, which will support 2 staff members at 32 hours per week for the next nine months, and $20,000 of testing supplies (250 hair follicle tests and 1,500 urine sample tests) to satisfy court-imposed requirements for drug testing and urine screens. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: L 1 2 AN ORDINANCE TO ACCEPT AND APPROPRIATE 3 $258,160 IN FUNDS FROM THE UNITED STATES 4 DEPARTMENT OF JUSTICE CORONAVIRUS 5 EMERGENCY SUPPLEMENTAL FUNDING PROGRAM 6 7 WHEREAS, the City of Virginia Beach is eligible for federal assistance from 8 Congressional appropriations from the Coronavirus Aid, Relief, and Economic Security 9 (CARES) Act to the United States Department of Justice for the Coronavirus Emergency 10 Supplemental Funding Program; and 11 12 WHEREAS, the Department of Justice notified the City of its successful application 13 for funding from the Coronavirus Emergency Supplemental Funding Program; 14 15 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA THAT: 17 18 1. $258,160 in federal funds from the United States Department of Justice, 19 through the federal Fiscal Year 2020 Coronavirus Emergency Supplemental 20 Funding Program, is hereby accepted and appropriated, with federal revenue 21 increased accordingly, to the following departments, in the following amounts, 22 for the following purposes in their Fiscal Year 2019-20 Operating Budgets: 23 24 a. $198,160 to the Virginia Beach Sheriffs Office for the purchase of 25 equipment and supplies related to the installation of a video wall at the 26 Correctional Center; 27 28 b. $60,000 to the Community Corrections and Pretrial Services Division for the 29 purchase of hair follicle and urine drug screen tests and to employ 30 temporary contractual positions. 31 32 2. The City Manager is hereby authorized to execute, on behalf of the City of 33 Virginia Beach, all necessary grant award acceptances or other agreements 34 required by the United States Department of Justice. 35 36 3. The replacement of the above items purchased with these grant funds is 37 conditioned upon the receipt of future grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bitj'- -udge-t and Management Services ey's Office CA15094/R-1/June 9, 2020 11% i '' eJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Reinstate all Portions of the City Council Speaker Policy MEETING DATE: June 23, 2020 • Background: On March 31, 2020, in response to the COVID-19 Pandemic, the City Council suspended the portions of the City Council Speaker Policy that provided for public comment on regular agenda items and non-agenda items. At that time, the President and the Governor had provided guidance that gatherings should be limited to 10 persons or more. Since then, in accordance with the state's phased recovery plan, those restrictions have eased, with gatherings of up to 50 persons allowed so long as social distancing is employed. • Considerations: The City Council values input from the public, and steps have been implemented to enable the City Council to meet in the Council chambers and receive public comment while adhering with social distancing and other best practices for safe public meetings. This resolution reinstates both of the previously suspended portions of the Speaker Policy. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmember Moss REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION TO REINSTATE ALL PORTIONS OF THE 2 CITY COUNCIL SPEAKER POLICY 3 4 WHEREAS, on March 31, 2020, in response to the COVID-19 Pandemic, the City 5 Council suspended the portions of the City Council Speaker Policy that provided for public 6 comment on regular agenda items and on non-agenda items; and 7 8 WHEREAS, the City Council values input from the public, and now that steps have 9 been implemented to enable the City Council to meet in the Council chambers and receive 10 public comment while adhering with social distancing and other best practices for safe 11 public meetings; 12 13 NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA THAT: 15 16 The previously imposed suspension of Section 2.2 (Regular Agenda Items) and 17 Section 2.3 (Comment on Non-Agenda Items) of the City Council Speaker Policy 18 is hereby revoked, and those portions are hereby reinstated. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15097 R-1 June 16, 2020 F. PLANNING 1. CRAIG LEWANDOWSKI for a Conditional Use Permit re short term rental at 4446 Gulls Quay, Unit A DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. NIKITA STEPANOV for a Conditional Use Permit re short term rental at 932 Delaware Avenue DISTRICT 6—BEACH RECOMMENDATION: DENIAL 3. BEACH BOROUGH DEVELOPMENT, LLC for Conditional Use Permits re short term rental: a. 410 25th Street b. 408 25th Street,Units A& B DISTRICT 6—BEACH RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—APPROVAL 4. ANTHONY S. CRAIG & MONICA MALONE-CRAIG/DAN G. PESCARIU & CRISTINA G. MAXIUM for a Conditional Use Permit re short term rental at 417 22 '/2 Street DISTRICT 6—BEACH RECOMMENDATION: DENIAL 5. LBC RENTALS,LLC for a Conditional Use Permit re short term rental at 209 83`d Street, Units A& B DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 6. CYNTHIA E. FULMER-CARZO/CHRISTOPHER G. CARZO ET UX. & DEBORAH DARE for a Conditional Use Permit re short term rental at 202 76th Street DISTRICT 5— LYNNHAVEN RECOMMENDATION: APPROVAL 7. STEPHANIE N. FAILLA & DUNE OKAY,LLC for a Conditional Use Permit re short term rental at 216 69th Street,Unit B DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL • Y /am11 • xs NOTICE OF PUBLIC HEARING The special meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building,Municipal Center,Virginia Beach,Virginia,on Tuesday,June 23,2020 at 6:00 p.m.,at which time the following applications will be heard: Nikita Stepanov[Applicant&Owner]Conditional Use Permit(Short Term Rental)932 Delaware Avenue(GPIN 2417834055)COUNCIL DISTRICT-BEACH Craig Lewandowski[Applicant&Owner]Conditional Use Permit(Short Term Rental)4446 Gulls Quay,Apt A(GPIN 1570719792)COUNCIL DISTRICT-BAYSIDE LBC Rentals,LLC[Applicant&Owner]Conditional Use Permits(Short Term Rentals)209 83rd Street,Units A&B(GPIN 2419593882)COUNCIL DISTRICT-LYNNHAVEN Beach Borough Development, LLC[Applicant&Owner] Conditional Use Permit(Short Term Rental)410 25th Street(GPIN 2427091654)COUNCIL DISTRICT-BEACH Anthony S.Craig&Monica Malone-Craig[Applicants]Anthony S.Craig&Monica Malone-Craig and Dan G.Pescariu&Cristina G.Maxim[Owners]Conditional Use Permit(Short Term Rental) 417 22%Street(GPIN 2427081833)COUNCIL DISTRICT-BEACH Cynthia E. Fulmer-Carzo [Applicant] Christopher G. Carzo Etux & Deborah Dare [Owners] Conditional Use Permit(Short Term Rental)202 76th Street(GPIN 2419 67 1078 1840)COUNCIL DISTRICT-LYNNHAVEN Stephanie N.Faille,Dune Okay,LLC[Applicants&Owners]Conditional Use Permit(Short Term Rental)216 69th Street,Unit B(GPIN 24196447822216)COUNCIL DISTRICT-LYNNHAVEN Beach Borough Development,LLC[Applicant&Owner]Conditional Use Permits(Short Term Rentals)408 25th Street,Units A&B(GPIN 2427091742)COUNCIL DISTRICT-BEACH 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. Any citizen wishing to make comments virtually during the public hearing should follow a two- step process provided below: •Register for the WebEx at: -https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e6a7df1533c3edOad4d282709e13 a69dc •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbeov.com prior to 5:30 p.m.on June 23,2020 If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERKS OFFICE at 385-4303;Hearing Impaired call 711. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon:June 7,2020&June 14,2020-1 TIME EACH RJR ' ' / -,1----, ./../ -----, / W5R ,,,, '`----- [ t/ , ,,, e"-i5R / / ' / '7 // if "7/7 / / /, /I ( , ---,1 , , ' , / / ---, ,,, „...„ ....„,,, . _./• ----.„._ G ? (''''''''''''''','" Oact .,,,j %%Wit/ , / I/ ------„,'4' I l 1 1 R-5R nvdifre /-4,0 FR.. 5R „..„, / -,.., -... , , ...... ........,„/ ....„, .,...-.,, , 7"--- 7, ,-----._ ---. , va Site N Property_Polygons Craig Lewandowski Zoning 4446 Gulls Quay, Unit A Parking Lot Drive Aisle 1 Building - ••=1.. Feet 012.525 50 75 100 125 150 ,, / 1 4N s,..r S,) V kv CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CRAIG LEWANDOWSKI [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4446 Gulls Quay, Unit A (GPIN 15707197920000). COUNCIL DISTRICT — BAYSIDE MEETING DATE: June 23, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 7,500 square-foot parcel on property zoned R-5R Residential District (Shore Drive Overlay) adjacent to the Chesapeake Bay. The lot is developed with a duplex dwelling. This Conditional Use Permit is for only one of the duplex units, Unit A, containing two-bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. for a two-bedroom Short Term Rental is six. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this instance. • Considerations: This property is located within the Chesapeake Park neighborhood, which is a mix of duplex and single-family dwellings. The subject site abuts the public beach of the Chesapeake Bay and is accessed via a private drive. The parking plan shows an expanded driveway that can accommodate all required off-street parking spaces for the Short Term Rental and the second unit. As permitted by Section 241.2 of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. Furthermore, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can be reasonably met by the applicant. Additional details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There were three speakers in opposition at the March 11, 2020 Planning Commission public hearing. Comments were related to the potential negative impact of Short Term Rentals in the Chesapeake Beach area. • Recommendations: At the public hearing on March 11 , 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed as 4446 Gulls Quay Unit A and the Short Term Rental use shall only occur in the principal structure. Craig Lewandowski Page 2 of 3 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the Parking Plan illustration within the "Site Layout and Parking Plan" section of the Staff report, two off-street, all-weather, hard surface, parking spaces are required and must always be available to the Short-Term Rental occupants renting the unit. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Craig Lewandowski Page 3 of 3 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.A11 refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11 .Accessory structures shall not be used or occupied as Short Term Rental. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department� Q2 City Manager: -Tika, Applicant and Property Owner: Craig Lewandowski Agenda Item Public Hearing: March 11, 2020 City Council Election District: Bayside 18 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner ` r William Miller j / is,,, ar, i___, i . LocationMbh,1111.111 4446 Gulls Quay, Unit A ` ---awift7- _ GPIN1. t c .., 1570719792 ` Site Size 7,500 square feet U alli s it41S,„,,,_ rty { l _,,,,__. ._ i -14. Existing Land Use and Zoning District Duplex dwelling/ R-5R Residential (Shore Drive Overlay District) Surrounding Land Uses and Zoning Districts North Chesapeake Bay South Gulls Quay(private ingress/egress) t: Duplex dwellings/ R-5R Residential (Shore Drive : I OverlayDistrict) 3 t , East f 6 a Duplex dwellings/ R-5R Residential (Shore Drive \3j 4/4ty a: ,; n Overlay District) �' s 41 ". West , ', '' y • . ,� r I:, Duplex dwellings/ R-5R Residential (Shore drive -' s� .1 . `. �, l: / `� Overlay District) r �r ` ' Pe, 9 mit- f Nld Craig Lewandowski Agenda Item 18 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 7,500 square feet and is located within the R-5R Residential District (Shore Drive Overlay). • One duplex is located on this property,which, according to City Records, was constructed in 1967. • No records of zoning violations were found associated with the subject address. • Access to this property is accomplished using a private 20-foot ingress/egress easement (Gulls Quay). • A building permit for the driveway was obtained on 10/10/2019 and inspected by the Permits and Inspections Division on 11/04/2019 (Permit#2019-BDRA-25729 - Inspection results—Passed). • Staff inspected the site on January 9, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity 3/44�,,�,. _04 '4 pi . le rll ; anG • ,. I II _�••II�' •� f Avg? ',V6r-' I 7-7 II l-7 I l ?-- STATUS Approved• IL Denied \ i•- / ), `T� 0 Under Review v 0 Registered /\ Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for one half of the duplex located on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 6 • Number of parking spaces required (1 space per bedroom required): 2 Craig Lewandowski Agenda Item 18 Page 2 • Number of parking spaces provided: 2 �/ Zoning History /� / # Request �z� , �/ 1 STR(Short Term Rental) Pending Public Hearing /Cj � Q4 2 STR(Short Term Rental) Pending Public Hearing 3 STR(Short Term Rental) Pending Public Hearing / 7 Q4 . Aw/ v R. fr-y, I `4,//n'oQ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located within the neighborhood of Chesapeake Beach, which is home to numerous duplexes and some single-family dwellings.The subject site abuts the public beach of the Chesapeake Bay where Short Term Rental is to be expected.The parking plan shows a concrete driveway that can accommodate all required off-street parking spaces.As permitted by Section 241.2 of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable.Although the site can accommodate the required parking, no additional on-street parking is available in the nearby vicinity. Furthermore,the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can be reasonably met by the applicant. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4446 Gulls Quay Unit A and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the parking plan illustration within the "Site Layout and Parking Plan" section of the Staff report,two off-street, all-weather, hard surface, parking spaces are required and must always be available to the Short Term Rental occupants renting the unit. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Craig Lewandowski Agenda Item 18 Page 3 Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Craig Lewandowski Agenda Item 18 Page 4 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 7, 2020 and June 14, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 8, 2020. Anthony S. & Monica Malone Craig Agenda Item 40 Page 5 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 19, 2020. Anthony S. & Monica Malone Craig Agenda Item 40 Page 6 Site Layout & Parking Plan 50.00' LOT 11 LOT 12 LOT 10 LOT 13 Parking Spaces for Unit A (9'x18') a o Q o Parking Spaces for Unit B (9'x18') o co T �+ Existing concrete driveway 2 STORY — 6.1' �? BRK & FIRM6.0'0 ri }4446 2ar °' I 1 I Q ELEI H 50.00' 'N 227.30' TO P.I. OF CULLS QUAY LEE AVENUE LOT 32 LOT 31 LOT 30 LOT 29 Craig Lewandowski Agenda Item 18 Page 6 Site Photos . i ., ...: •,,,ma ow :.,,,, "Nan ar. -• ..... • i 1 • ________, __._ cal — - „i •_...., E ,-.-, mow . ...., ... : , _ . . - i? _.......- . , ___ _ ., „.- , t , ..or- - 6 -• , . ' f• t , -Nk- . ...-.. . - ... ,.• ,r ,,,,, __ __-- ,,,,„ at . = k . . - , . - '• -44,z4;:, ' - •',.:;-,‘_4 ' \,_,,,....,... Ijet i,Ir lc IN ,,,- i tit • I '..rie` .,,',1 tat- _ • .., ,,,,, ,, -,-.;-- Craig Lewandowski Agenda Item 18 Page 7 Street View (9.Sine!Vim J � g , . ' , fl 11 y I, ,. _----=,..-.,--7--.....-- ...mi., d „ ,ilitifinlio , 1.7.1,,z, I' I I,il ill I Ill R. M.- - arza- 4Let446 Gulls ' '�il c_� Quay Units y - ........,... = and B Access to Lee Aven �'� i (Gulls Quay is 20-foot ingress/egress ea e renced + in the deed of sale—Instrument#20 1 0) Google street view from 2015. Renovations to the driveway and building facade have been completed since this photograph was captured ([ H a) Craig Lewandowski Agenda Item 18 Page 8 • Disclosure Statement Virginia Reach ig ( Lewafeski APPLICANTrS NAME Cq . - wcrlioWS • 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 j Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Al�eals Certificate of Flood plain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE • FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planninj Commission and Cit, Council meetin that,pertains to the aai lication(s). [] APPLICANT NOTIFIED OF HEARING DATE 3.13.2DZ. NO CHANCES AS OF DATE: Z.(6.2oZ' W:11 M;114' Q REVISIONS SUBMITTED DATE: S.((,.76 Craig Lewandowski Agenda Item 18 Page 9 Disclosure Statement VU►d Virginia Beach dCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. A(A) List the Applicant's name: L.rcl u,_ �QWo(/7W SG/- 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) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 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 Craig Lewandowski Agenda Item 18 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities: See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Craig Lewandowski Agenda Item 18 Page 11 Disclosure Statement B APPLICANT `� iaBeath YES l NO I SERVICE PROVIDER(use additional sheets if L� I J/ needed) -- t ,{ Accounting and/or preparer of y your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Lthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 1-71 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) R/ Construction Contractors nLi Engineers /Surveyors/Agents Financing (include current 50- ur4 (rail Am- gyJL mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1`mil Legal Services / Real Estate Brokers / L./,ui{ Agents/Realtors for current and anticipated future sales of the subject property 4- •-- • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have r- / an interest in the subject land or any proposed development �/f contingent on the subject public action? - 1 If yes, what is the name of the official or employee and what is the nature of the interest? Page 4-cif 7 Craig Lewandowski Agenda Item 18 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: 1 I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 11 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A• •lication. APPLICANT'S SIGN TUR PRINT NAME DATE Page 5 of 7 Craig Lewandowski Agenda Item 18 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Craig Lewandowski Agenda Item 18 Page 14 Item#18 Craig Lewandowski Conditional Use Permit(Short Term Rental) 4446 Gulls Quay Apt A March 11,2020 RECOMMEND APPROVAL Our next item is number 18. Craig Lewandowski an application for a conditional use permit short term rental on property located at 4446 Gulls Quay apartment A located in the Bayside District, so the applicant or the applicant's representative please step forward. Mr. Weiner: No applicant. This particular one was, we all like to work this. Ms. Sandloop: There are three speakers, Mr. Vice Chair. Mr. Weiner: Oh, I'm sorry. Okay, go ahead. Ms. Sandloop: Michelle Zimmerman followed by Sarah Houck. Ms. Zimmerman: Based on our earlier discussion, do we have any grounds to object? Mr. Weiner: Sure you can object all day. Ms. Zimmerman: Well, I don't want to be standing here objecting all day, but I don't know if you all know Coronet Avenue at all, but it is, Oh, I'm sorry. Okay. You can say something. Ms. Houck: The only issue here is the parking, because it's Sandy Road and it's a very narrow piece going down that way. So if they meet the requirements,there's nothing I can say,but it's a very small space. Ms. Sandloop: And last speaker Ron Segerblum. Mr. Blum: Rewind. Mr. Weiner: Okay, that's why I asked this question when we had an informal today, if the applicant not showing up. I think personally we should defer it till the applicants shows up. Let's do it. Okay unless you want to say something. Mr. Redmond: No, I don't. Mr. Weiner: Mr. Redmond. Mr. Redmond: Thank you, I don't see any need to defer it. I mean, it seems to me I think we pull this because the same four people decided they didn't like anything in this neck of the woods. So, it seems it meets all the requirements of the code and I don't know why we wouldn't move forward with it. I imagined this person who's the applicant had no idea that he would run into the situation today and I can't say, you could blame him, so I move for approval of the application. Mr. Weiner: We have approval, do we have a second. Mr. Alcaraz: Second. Ms. Cartwright: Vote is open. Ms. Sandloop: By recorded vote of 8-0, agenda item number 18 has been approved. Mr. Tajan: Mr.Chair,just for a point of clarification for our new commission members on item number nine, we just wanted to make assure that the motion was to deny the application. So voting yes would be to approve the denial and voting no would be to be against the denial. If that changes your vote, we may need to reconsider the vote. I just wanted to make sure that we understand the voting procedure for, does that change your votes? Ms. Klein: The motion was to deny the. Mr. Tajan: Motion for number nine was to deny it, so approving it would be to recommend denial to the city council while voting no would be against the denial. I know it's kind of backwards but. Ms. Klein: I 'm fine with leaving my vote. Mr. Tajan: Okay. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 4446 Gulls Quay Unit A and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the parking plan illustration within the "Site Layout and Parking Plan"section of the Staff report,two off-street, all-weather, hard surface, parking spaces are required and must always be available to the Short Term Rental occupants renting the unit. 4. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. STR Vicinity Map CRAIG LEWANDOWSKI- 4446 GULLS QUAY, APT A 4 • &. at. wig,„ -..„ ..„,,,,I., APP. -. ' _.- .wcefiv .-,... \ . .' ' '---' 4 ihtl :, •r- in *'I'1TI 4,si .1 ' - w Alp 4'4 . ---c ' , • .,` W/iAr ak*.tie ' L I* ir t j, - 1/: tr ' a 7 '-a_. , ��1•1 S t 'L-------,-r _ 7_ Iliew ee)i ,___ , ifilee'''''-":- . -e'rri 1' *ffill0* ii ---' , STATUS I lJ Q Approved X\ • Denied O Under Review 0 Registered i s ii , , 1 7A- 24, • / -I i I ,_______4_ , ; A- 8 ''� r____I 1 i Delaware Avenue CV 1 1 ---- - li . /4 —1 7407., ill (.__, _____ ,' A-1.8 A-�18 I ' L /1 LI : J 11 P-1 �" A-18 f A Site N Property_Polygons W `4 Nikita Stepanov t Zoning 932 Delaware Avenue s 1_ Parking Lot Drive Aisle Building Feet 0 510 20 30 40 50 60 / �,� 1 N � Octt d� l'r !J CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: NIKITA STEPANOV [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 932 Delaware Avenue (GPIN 2417834055). COUNCIL DISTRICT — BEACH MEETING DATE: June 23, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental on a 1,984 square-foot parcel located in a townhome development in the Shadowlawn neighborhood. The property is zoned A-18 Apartment District and contains one, three-bedroom townhouse dwelling. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this case. • Considerations: The site is located on the west side of Shadowlawn, approximately one mile from the public beaches of the Atlantic Ocean. A majority of the Shadowlawn neighborhood is characterized by denser single-family residential development. Consistent with many townhome communities constructed during the 1970s and 1980s, the parking for the units is accommodated on concrete pads between the front of the home and the street. As a result there is minimal, if any, on-street parking available in the immediate vicinity. The subject unit has only two parking spaces on-site, and therefore does not meet the minimum parking requirement of three off-street parking spaces. The applicant did not offer a solution to address the parking deficiency. Based on this consideration, both the Staff and Planning Commission recommend denial of the application. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: At the March 11, 2020 public hearing, the Planning Commission passed a motion to recommend denial of this request by a vote of 6-2. If the City Council wishes to consider approving the application, the following conditions are offered for consideration. 1. The following conditions shall only apply to the dwelling unit addressed as 932 Delaware Avenue and the Short Term Rental use shall only occur in the principal structure. Nikita Stepanov Page 2 of 3 2. This Conditional Use Permit shall expire in five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. Nikita Stepanov Page 3 of 3 9. Accessory structures shall not be used or occupied as Short Term Rentals. 10.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 11.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 12.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 15.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department7 City Manager: TAU, Applicant & Property Owner: Nikita Stepanov Agenda Item Public Hearing: March 11, 2020 / City Council Election District: Beach Virginia Beach 9 Request Conditional Use Permit (Short Term Rental) Staff Recommendation �- Denial i Staff Planner """'1 i Kevin Hershberger 111111 —.......--1........ 10110100 Location 932 Delaware Avenue 44.00110 GPIN 1 2417834055 c —.. ,• Site Size ...r"" 1,984 square feet % O. 1 1 i Existing Land Use and Zoning District Townhouses/A-18 Apartment Surrounding Land Uses and Zoning Districts North • I . „.;, '. _ i : t Delaware Avenue i t t ,;, I .Ft- 4. X'` ,_; ._ Townhouses/A-24 Apartment -`, ' ' it�r { E ,,� . . South . Single family dwelling/A-18 Apartment bt a - $. p East ;�� y , , 'wr e , Townhouses /A-18 Apartment c' West ' :a t-` te ` Townhouses /A-18 Apartment f ° _ — ty r f - Nikita Stepanov Agenda Item 9 Page 1 Background & Summary of Proposal Site Conditions and History • The property is 1,984 square feet and is located within the A-18 Apartment District. • The site is developed with a townhome dwelling, which according to City records was built in 1974. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity 1 tritp k nut _ T .'lai' _ , sti >''. '11 .\ * * i et, .41=4- Saille 1140 0, t gek 111146:: )Ala flA 01 \ . ‘,4A. i AS ,,,,--, lam i ; AiTs. n` '.qL 14---1 ' STATUS i I >IA ilil Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for the townhouse located on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 2 Nikita Stepanov Agenda Item 9 Page 2 �__, ❑J ,T ck,S 1 \t-:\ Aag».w+. 1 � 1ibykotl,�v Lr-,n 18 L m f i nglit e 1 1110/0 ❑ p,a.3 �1�`1l ,„'ter � \\ i1�11/1/1 1 1111 1/1� 1 Zoning History ■, '� > ` o \ # Request ❑�Q lightiiiill ; ❑�' f•Fv ,,. 1 REZ(R-7 to A-2)Approved, March 17, 1986 ■, wr' P.1 - • ❑ oar 1 c ',9��-,, ( , u AI18Cii \❑ �\V Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The property is located in a townhome development in the Shadowlawn neighborhood. The townhome community is located at the west side of Shadowlawn, approximately a mile away from the public beaches of the Atlantic Ocean. A majority of Shadowlawn is characterized by denser single-family development. The proposed Short Term Rental use permit is for a three bedroom unit. As is the case with many townhome communities constructed at that time, the parking for the unit is accommodated on concrete pads between the front of the home and the street. As such, there is minimal, if any, on-street parking available in this community. The subject unit is provided two parking spaces on-site, not meeting the required three spaces. As such, staff has reviewed this request and recommends denial. Based on the considerations above, Staff recommends denial of this request. Should the Planning Commission recommends approval of this request, the following conditions are provided for consideration. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 932 Delaware Avenue and the Short Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. Nikita Stepanov Agenda Item 9 Page 3 3. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 9. Accessory structures shall not be used or occupied as Short Term Rental. 10. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 11. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Nikita Stepanov Agenda Item 9 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 10, 2020. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 7, 2020, and June 14, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 8, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 19, 2020. Nikita Stepanov Agenda Item 9 Page 5 Site Layout & Parking Plan THIS IS TO +E WTI('T 'I+AT 1 ON HOVCMBER 25. 201a SURVEYEW THE PROPERTY S►IOMN ON THIS PLAT MIS SURVEY WAS PERFORMED riTTHOUT THE BENEi1T or A TITLE REPORT THE ONLY EASEMENTS APPEARING ON THIS SURVEY ARE THOSE 4M4Cw WERE SHOWN ON THE RECORDED Shc@OINSTON PLAT ♦ tx.TH 011• t% FM4Alti 9 LK NO 344; 11MMS Delaware Avenue I3 i;6UJma.NI • Two parking --- 33.01 �� • spaces r � I ~ Townhouse m.oa N/V WAWRILELO PHYSICAL SURVEY OF LOT 8 BLOCK C DELAWARE TOWNHOUSES MOTE THIS PROPERTY APPEARS TO FALL IN VIRGINIA BEACH VIROM4A r s w.ra F1000 ZONE It AS SHOWN ON THE iM NATIONAL FLOOD IIIISuRANCE PRORRAN MAP N I K I T A ST E PANOV FOR THE CITY OF VROINIABEACH COYMUNFTY NO SEISM 412116 DATED Insets DATE NOVEMER 2f,Mt C*UpASS IMEI suwrimo SCJLLE.Y•2C r �s s��wr,a 1M fRE./E-m CAI,TECH ens CHAIN pm. Nikita Stepanov Agenda Item 9 Page 6 Site Photos is °ti`, 'i i{ 41. a .'-— ^to i / S '.�' 14 z't .....c, irr -I -ft_t_-• Ira- s is -.i 3 ir:a Nikita Stepanov Agenda Item 9 Page 7 Disclosure Statement V13 Virginia Brach APPLICANT'S NAME ,r/.;4... 5� DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property , Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program i Changes Exception for (EDIP) t Board of Zoning j Encroachment Request l Rezoning Appeals Certificate of Floodplain Variance Appropriateness ! -- Street Closure (Historic Review Board) 1 Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit i License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY j All disc!osa; s must 4 uptiatod u.o(2)r.c prior to ail Page 1 of 7 rlcnnir,ICommisslan and Cita toanc!I nottlro that uvulas ro_h I yat AA3`IICmITN071F1tDOFHEAfiliv - DATE' i �/4 jp y NO CI$ANGES AS G_ OATz 0 a REViStONs SUBMITTED ! DATE: _O Nikita Stepanov Agenda Item 9 Page 8 Disclosure Statement VB VirginiaReach 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: N,k,i iR' J/EP*NOV If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 4 - a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onlyif property owner is different from Applicant. 17(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:_. Ni k I fR SEPfrNO V If an LLC, list the member's names: Page 2 of 7 Nikita Stepanov Agenda Item 9 Page 9 Disclosure Statement 1/13 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly ur 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. ---s-• 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 Nikita Stepanov Agenda Item 9 Page 10 Disclosure Statement APPLICANT Virginia Best YES I I NO I SERVICE 7 PROVIDER(use additional sheets if L---� L ---_ ---- _ - - needed) ------I I I . .t Accounting and/or preparer of your tax return v l Architect/Landscape Architect/ Land Planner — Contract Purchaser(if other than rit,i the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed c. purchaser of the subject property (identify purchaser(s)and purchaser's service providers) II IV Construction Contractors n Engineers/Surveyors/Agents—1 - - _- Financing(include current 0/V/s FA-� - mortgage holders and lenders � selected or being considered to provide financing for acquisition or construction of the property) G/ Legal Services — — — Real Estate Brokers/ I I ri Agents/Realtors for current and anticipated future sales of the subject property J !__ 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 Nikita Stepanov Agenda Item 9 Page 11 Disclosure Statement V13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA 1 meeting, or meeting of any public body or committee in connection with this 1 Application. APPLI t :S SIGNATURE PRINT NAME DATE Page 5 of 7 Nikita Stepanov Agenda Item 9 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Nikita Stepanov Agenda Item 9 Page 13 Item#9 Nikita Stepanov Conditional Use Permit(Short Term Rental) 932 Delaware Avenue March 11,2020 RECOMMEND DENIAL Ms. Sandloop:Next item is item number nine Nikita Stepanov, an application for Conditional Use Permit Short Term Rental on property located at 932 Delaware Avenue located in the Beach District. Mr. Weiner: Welcome sir. Mr. Stepanov: I've been a resident in Virginia Beach since 2004. This unit, I find it as a good source of income for my family, my two kids. My wife, she's home. She's not working right now. And she's managing the property for us. We've been in compliance with all the regulations since day one and that's why I'm here today. Mr. Weiner: All right, any questions? Are there other speakers? Ms. Sandloop:No. Mr. Weiner: Okay,we're gonna discuss this and see where it goes. And I'm gonna let you know how this works, but I don't remember why this one was denied. I'm sorry. Go ahead George. Mr. Alcaraz: That's denied because it's required three parking spaces and it only has two. Mr. Weiner: Okay. Sony, I didn't write that down. So this is a three bedroom house and there's only two parking spaces available. Is that correct? Mr. Tajan: That is correct. Yes sir. Mr. Weiner: Okay. Anybody else? Come back up for a minute. Well are they onsite or they near the? Mr. Stepanov: Right in the front of the townhouse. The parking lot is long and all the neighbors, you know, you can always see two cars parking. Mr. Tajan: You can see the roadway there, Mr. Weiner. Though they may be able to park that way it appears,when we reviewed it,it extends into the navigable area for the road. So we don't, the Zoning Administrator did not approve the two spaces behind the two in front. Mr. Weiner: So there's not enough room to put four cars in there, in that space. The parking ordinance, there's no enough room for the length of the parking space. Mr. Tajan: Correct that we could support. So this one, the second spaces based on the dimensional criteria would be in the actual roadway. So we could not support. Mr. Weiner: Were you told that when you're contacted? Mr. Stepanov: Absolutely not. And as you see the neighbors to the right, there's a white car and there's another car right next to it. And it's never on the street and based on the measurements as a matter of fact, a friend of mine he works for the surveying company. He told me by the legal measurements, the parking spaces are good for four cars, lengthwise cars will fit 100%, so I'm not sure, I was never told about this kind of issue before at all, now I'm hearing this. Mr. Weiner: Give me one second, Kevin or Bobby would this be something if we defer this, you could work with him or are we set in the parking requirements? Mr. Kemp: If you look at the survey sir, it shows to the front property line 35.02 feet to have two parking spaces front, front would be or back the back would be 36 feet. So although it can't sit on the actual site. Mr. Weiner: It does not meet the parking requirements, bottom line. Let us talk about it. All right, okay. Anybody, George. Mr. Alcaraz: So you got two here but you need three. And he needs 36 feet, he's only got 35. Mr. Kemp: It's actually less than 35. I apologize. I'll clarify, 35 feet is the actual front face of the house is the dimension on the right side of the, if you look on the survey, right under Avenue, that's a 35-foot that's a measurement that goes to the actual front of the house. So the dimension that is shown where those two parking spaces is definitely less than that, it's probably half so he's probably barely at 18 feet at this moment. Mr. Alcaraz: So barely 18 means he might not even have two legal parking spaces, so. I'll make a motion that we deny this. Mr. Redmond:I second. Ms. Cartwright: The vote is open. Ms. Sandloop: By recorded vote of 6-2, agenda item number nine has been denied. AYE 6 NAY 2 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston NAY Graham ABSENT Horsley AYE Inman AYE Klein NAY Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 932 Delaware Avenue and the Short Term Rental use shall only occur in the principal structure. 2. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 3. No events with more than the permitted number of people who may stay overnight (number of bedrooms times three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 4. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 5. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 6. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 7. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 8. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 9. Accessory structures shall not be used or occupied as Short Term Rental. 10. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 11. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 12. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 13. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 14. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 15. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ______-. ' ' 1 \\\ COR 1-\\ i, ', „_____- \\,\, , ,, -f r,,_\\, :., „,,\ _...-,--' . _-------.0. ,:,__--_.-1:,i-,_'.1-,''' ,_,--,-,-,.,.-,\.- \-- _,,._.,-_,_- s 1 } 1 90 1 F_ A-12 CD \ { , _ `' - A-I12 ,, c Al2 ,,, �_�R-5D* / , I . ______\ 24th1t str ee Na ` i I 1 24th __ A=12 �q 12 .� \60 I \_ -, = Site Property_Polygons Beach Borough Development, LLC ". E Zoning 410 25th Street Parking Lot Drive Aisle Building Feet 0 510 20 30 40 50 60 Iric,u'l;,, fi z, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEACH BOROUGH DEVELOPMENT, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 410 25th Street (GPIN 24270916540000). COUNCIL DISTRICT — BEACH MEETING DATE: June 23, 2020 • Background: The applicant is requesting a Conditional Use Permit for a three-bedroom Short Term Rental on this 2,703 square foot lot located in the A-12 (Old Beach Overlay) Zoning District. The subject property contains a single-family dwelling constructed in 1938. The applicant intends to demolish this building and replace it with a new three-bedroom single-family dwelling. The maximum occupancy for guests on-site after 11:00 p.m. is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. • Considerations: The applicant has submitted a parking plan that shows two spaces proposed in the driveway with a third space in the one-car garage. Typically, the garage space does not count towards meeting the parking requirement for residential uses. As such, the parking plan required consideration by the Zoning Administrator for approval of the deviation. As construction of the proposed single-family dwelling required variances granted by the Board of Zoning Appeals to the front, rear, and one side yard setback as well as maximum lot coverage for the dwelling, Staff did not favor the additional deviation of standards to this new construction project, specifically using the garage to meet the minimum parking requirement, and the Zoning Administrator denied the plan. Staff also considered that the building has not been constructed nor was approved for construction prior to the adoption of the current Short Term Rental regulations. Therefore, it was staff's opinion that the site or building design could be changed to allow for all parking to meet the Zoning Ordinance requirements. The Planning Commission disagreed, finding the use of the garage acceptable despite the new construction. The Planning Commission's position is that all requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. One citizen spoke in opposition at the Planning Commission public hearing on March 11 , 2020, noting concerns about compatibility of the use with surrounding properties. Beach Borough Development, LLC Page 2 of 4 Given that the proposed single-family dwelling is new construction, the Planning Commission is recommending Condition 18 as shown in the underlined text to ensure that the quality of the architecture is in substantial conformance with what has been submitted in support of the application. ■ Recommendations: City Staff recommends denial of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. 1. The following conditions shall only apply to the dwelling unit addressed as 410 25th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. Beach Borough Development, LLC Page 3 of 4 a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.A11 refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11 .Accessory structures shall not be used or occupied as Short Term Rental. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 18.The proposed residential dwelling shall be in substantial conformance with the building elevations exhibit found on page 8 of the Staff report, dated 01/28/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council, and is on file with the Virginia Beach Department of Planning and Community Development. Beach Borough Development, LLC Page 4 of 4 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing STR Vicinity Map Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department gi? City Manager: . Agenda Item Applicant and Property Owner: Beach Borough Development, LLC Public Hearing: March 11, 2020 1/B City Council Election District: Beach 39 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Denial Staff Planner . �� Aubrey Trebilcock0 1101 Location El ". ii , % rms 410 25th Street Pilli l '" Ilk GPIN 0sk2427091654 r Site Size ' 2,703 square feet S� 1 r Existing Land Use and Zoning District ` Single-family dwelling/A-12 Apartment (Old Beach Overlay) Surrounding Land Uses and Zoning Districts North Single-family dwelling/A-12 Apartment South `w ,;s Single-family dwelling/A-12 Apartment «--' East T lj Alley Multifamily dwellings/A-12 Apartments West 010, 44, t Duplex/A-12 Apartment ° ,\ 1 Beach Borough Development, LLC Agenda Item 39 Page 1 Background & Summary of Proposal Site Conditions and History • The subject property is 2,703 square feet and located in the A-12 (Old Beach Overlay) Zoning District. • The existing single-family dwelling was constructed in 1938.This building is planned to be demolished later this year, with a three story single-family home to replace it. • Staff inspected the site on February 20, 2020 to observe site conditions and take photographs for this report. The original 1938 dwelling is still present. • The subject property access from a 20-foot alley where on-street parking is not permitted. • There are no previous City Council actions or Zoning violations found on the property. A variance to setbacks and lot coverage was granted on January 15, 2020 by the Board of Zoning Appeals to allow for the construction of a new three-story single-family dwelling. Short Term Rentals in the Vicinity / ' V1--z,t <<?. `. the get` th S e !" 1 1 Street ` \ ; tk;tn. C-\-\ \44 clWA 7)-7_ STATUSft) Approved 3rd5 ee _ 1. A ' Denied �L'yy__7)7�)7�)7 r �� ty O under Review -`- j'{, ' �reef 1 U C s �1 tiCy 1r}t1t11 Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for the single-family home located on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 Beach Borough Development, LLC Agenda Item 39 Page 2 • Number of parking spaces provided: 3 A36 A.12 Al', , _ 25t's"° oR Zoning History ell111. # Request 1. 1 BZA(Variance to Setbacks/Lot Coverage)Approved t 01/15/2020 .r OR 2 CRZ(Rezone from 0-2 to R-5D)Approved 08/09/2011 3 CUP(Bed and Breakfast)Approved 08/26/2003 _A:12_ .1 i\____A AR\ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The subject property, in combination with the lot directly to the north, has been purchased and is being redeveloped with single-family homes.The site is located in the Old Beach area of the City, in close proximity to the public beaches of the Atlantic Ocean. The Old Beach neighborhood is developed with a mixture of single-family and duplex dwellings. Recent development has led to older smaller beach cottage lots being redeveloped with larger homes.The dwelling at 410 25th Street is a single-family residence which was constructed in 1938. A demolition permit was issued on December 2, 2019. A Zoning Variance to setbacks and lot coverage was granted on January 15, 2020. A new three-story residence is planned which will contain three bedrooms. Additionally, as permitted in the Old Beach Overlay District, the lot directly north is being redeveloped with two single-family homes. Three off-street parking spaces are required.The applicant is planning to meet the three parking space requirement by providing two spaces in the driveway and a third within the one car garage.The location of the site on a thin alley and small size of the site leave no area to accommodate additional parking arrangements. Staff is concerned that, given the relief already received from development standards by the variance for setbacks and lot coverage, we cannot support additional approvals in the form of an alternative parking arrangement requiring the use of a garage in new construction to satisfy the parking requirement. The Zoning Administrator has reviewed this parking plan and denied this approach. Therefore, Staff does not support the application and concludes that the proposal does not satisfy the requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals. Based on the considerations above, Staff recommends denial of this request. If the Planning Commission wishes to consider approval of the application, the following conditions are provided for consideration. As the Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP) where on-street parking is limited, a condition is recommended to limit the number of guest and temporary passes while the Conditional Use Permit is active. Beach Borough Development, LLC Agenda Item 39 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 410 25th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. Beach Borough Development, LLC Agenda Item 39 Page 4 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 18. The proposed residential dwelling shall be in substantial conformance with the building elevations exhibit found on page 8 of the Staff report, dated 01/28/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council, and is on file with the Virginia Beach Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • No meeting with neighborhood organizations has been held and no letters of support or opposition have been received. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 10, 2020. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays,June 7, 2020 and June 14, 2020. Beach Borough Development, LLC Agenda Item 39 Page 5 • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 8, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 19, 2020. Beach Borough Development, LLC Agenda Item 39 Page 6 Site Layout & Parking Plan E ., (id.Lf n la.„/ 45 - 1 Oi © HVAC q� A UNITS •� N 4 & 16 617, 18.8 ' 13) 12.010 'i 1790 OT 14A x ,,,.(4) 'ROPOSED o ■ 2 STY FRAME 1--- vzs II °WELLING 2.oe b , ■ 8A MODIFIED " , (o _ .Qo — ■ 2. ' P 00' 3 required ``J x ..nrc. parking •�,3 18.83' spaces; 2 in .,lN4S ,4,,, ; ft R PORCH driveway, 1 .. M ^-- in garage :cam' :. o 45' ,° ti SURFACE <c �� _ALLEY_I! e Beach Borough Development, LLC Agenda Item 39 Page 7 Building Elevations ' ‘-s - '.,..p %-,'w.?,;n3,,,,..--s,,,;:w-r,t->,,',-,:' y, .. ,- - , 'r-c 5"..,---:,,lk,q ,i-tz, ,:i < : , ,:,,: t�� . _z .1..1 IImosIr } 11 —_ .11 SS _ III III >> J. ' -II = 11 = ■■ 11 =11 - .- fi _I.B.•.... . 11_= Oil 1I EII �. NuIr :E,:.l __ _ �Iilnai��n" � m��� __ ;ii ; IIII,IIII - .,..._ - _ NNUIIIIIllI, 1 .1 . .1.. OI..1 11 11 .. ' __ r- -I��C war Milt. . SIM = =2. _B D. 'mini ii =IIIjj ; Ii_ — _ L IIIIIIIIII C ~ �uII. u u u a � a r-( 1 rFront c.r.a;.. 1 • __----_--- = _ �121[1112E I1 1i1i1.' D�U�Iubbbl' ■ --____-- bl_ r.rwr.-.nn.n.uu..I—Iaw—ml P. �! =.- YAYA1lwwlAll.l....y II 11.O 11 ail -anew aa'. AYlAIIIY!!le 111111 .U. F.UI �r�i�rariirA»�n -- -= _I_______WaftI_==_=_-__ »»»3g2071&.u■ 11 unl 11 .0 ct�n.��ccccnzv.�o ...1 ■1.■ ...1 -- _err=________� wiiv�iiairiRa wawa/. 1 '----�. ���� r NI IIII II �� =�= 11Y1 fff . -I- -- 1117"1 MEM • ENIONINIMME - -- - 11111111111111 ME - = I:: , 11 MOM Beach Borough Development, LLC Agenda Item 39 Page 8 Site Photos sift:," ••,�4�gi t� - -� 4 i-Nraii. - k ji44 �' ., y..,V. k.�Y�f �10� I t ic\ 4,04 - ' 7---,,,,_,,, , b -- -a r-- '',',... 4. te.n0:11P't '. ....--"':.-± -- s; g b . . ,.. ,._ - -- ,. .......,, ,. . ,..„.„ .r._ , ____,.. . ....._:__., _#__ . ,, - ,, ,, _ _ _.,.....„_____. _ .......„., ... , _ ..,.... , _ __ _ __ . __ _,,...„... , . ... • .... .. ___.„....,. . __„., , .. .,. . _ . . ...., . . ..... _. ...„...„ ..,......; it.._ ...„,..'„............c.__ ..„.;.1 ... \L. :`.• ..:Pe r, s. 6 `bpi ,1. •�..2' s„, r ••- i,r. F {p :ice ia. J.": 4 _ k y :-._„.. „.. , r —r* i.,, ', _ - r i , Beach Borough Development, LLC Agenda Item 39 Page 9 Disclosure Statement M3 Virginia Reach APPLICANT'S NAME Beach Borough Development, 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 1 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 ,(Historic Bay Preservation Area Lease of City Property Subdivision Variance Board _ Conditional Use Permit License Agreement Wetlands Board I -- 4, The disclosures contained in this form are neces;;ary 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 T611-CfTVUS€ONLY/AllC1,1(401445 Pw:to:• Ia•::P1 isf ,' Commission and lkatio, .• El HPU PCANT NOTIFIED OF HEARING� MI NOC.HANr SFSO DATE 1611 2020 Q REVISIONS:DWI TIED i Beach Borough Development, LLC Agenda Item 39 Page 10 Disclosure Statement IBd Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Inl Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Beach Borough Development, LI If an LLC, list all member's names: Steven W. Bishard, President///John K. Bishard, Vice President Kenneth F. Hunt, President If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (6) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Bishard Development Corporation KFH Enterprises, Inc 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. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Beach Borough Development, LLC Agenda Item 39 Page 11 Disclosure Statement If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) °Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101 v--4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any_business_pperating 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 Beach Borough Development, LLC Agenda Item 39 Page 12 Disclosure Statement 1/3 APPLICANT Vi Beach PROVIDER(use additional sheets If YES NO [ SERVICE needed `�Fl Accounting and/or preparer of �' your tax return IJ Nirchitect/Landscape Architect/ '/ \1 Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers ------ - ---- --- • Any other pending or proposed Inl purchaser of the subject property Ir�l (identify purchaser(s)and purchaser's service providers) Construction Contractors X Engineers/5urveyors/Agents , 'WPL Financing (include current TowneBank r� mortgage holders and lenders ICI selected or being considered to provide financing for acquisition or construction of the property) • Legal Services R.Edward Bourdon,Jr.,Esquire Real Estate Brokers/ riAgents/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 Fl an interest in the subject land or any proposed development Lcontingent 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 Beach Borough Development, LLC Agenda Item 39 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is I complete,true, and accurate. II 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. !f 11,& 1L2' i 1 Sitm-c/ v/2,za APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Beach Borough Development, LLC Agenda Item 39 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Beach Borough Development, LLC Agenda Item 39 Page 15 Item#39 Beach Borough Development, LLC Conditional Use Permit(Short Term Rental) 410 25th Street March 11,2020 RECOMMEND FOR APPROVAL-HEARD Ms. Sandloop: By recorded vote of 8-0,agenda items 37 and 38 have been approved. Move on to agenda item number 39 Beach Borough Development, LLC an application for conditional use permit short term rental on property located at 410 25th Street located at the Beach District, the applicant or the applicant's representative please step forward. Mr. Weiner: There is no applicant here. Ms. Sandloop: Eddie said he is here,he going to get him. Mr. Bourdon: All right. Okay. For the record Eddie Bourdon Virginia Beach attorney representing Beach Borough LLC sorry if I'm butchering the name. All right, this along with cases 52 and 53 are three properties that are, actually two properties that are back to back what I passed out of the elevations of what will be the front unit, and that's identified on the back 52A. Mr. Tajan: We are on 39. Mr. Bourdon: I know, I know, that's okay. But this is both that's what I am saying. This is the elevation of the unit on case 39 as well as 52A so I'm just letting, you know, when we get to that eventually it'll be a replay of this but this is the elevation of the unit to be constructed on case 39 and this plan, the elevation and I just get this quickly that elevations of all sides. That has been approved by the Board of Zoning Appeals on this long existing legally non-conforming today lot and you saw this morning, you don't need to put it back up. That gorgeous structure that's on there now, it's probably been there for, you know, 100 years, I don't think the historic people will be looking to put that in any registry. And so this is what has to be built there. There isn't any if ands or buts about, this is the unit that has to be built there. And if it's not,they'll never get an occupancy,permit never be occupied. So,once again, this meets all of the requirements of this ordinance. Now, this is another aspect of this it shouldn't be lost sight of and that is we need and have been blessed to get redevelopment that has not necessitated a redevelopment, Housing Authority spending a lot of taxpayer money. We were blessed as a city to have the ability to have organic redevelopment that's taking place and in some areas old beach, in certain streets in old beach, etc. This is a great, great opportunity. It may not fit in Bay Lake Pines; it may not fit in other places. I'm not here to get involved in any of the short term rental arguments, but this area has benefited greatly from redevelopment including short term rental redevelopment and properties that are sometimes uses short term rentals and sometimes not, they're not necessarily year around. This is a huge improvement. They guess I can put the picture up. It's been there, what's been there for the last probably 70 or 80 years. And look at this, it's a world of difference. So it meets the criteria. The idea there we go. The idea that because it and I don't really understand it, I was kind of told that this was not acceptable, was not gonna be recommended approval because they had to get variances to setbacks. They didn't get any variance for parking,it meets the parking requirements, it meets the zoning parking requirements, and it meets the parking requirements for a short term rental. So I'm not really sure. And it hasn't been built yet, that's true. It has not, I don't see that that I don't know how you draw that line. I don't know what difference it makes, whether it's been built or not built. We've been going through the process of getting these three properties so that they could be redeveloped for a year and a half or more and short term rentals just basically been finally put on and now you know, it's in a state of, I guess, complete regurgitation and going back through it again. So I'm not really sure why the staff doesn't see this as being beneficial and being a something that certainly comports with the ordinance. I will be happy to answer any questions and Frank,the manager will be managing this. He lives in the neighborhood. He signed up on all of these that we have and there are couple of more after this that we'll get to, and more than welcome to have his testimony if you have any questions, but in the sake of time, I'll ask him to stay here not come back up and testify unless y'all want to hear from him again. Mr. Weiner: Any questions? Don. Mr. Coston: As you said this one is connected to 52 or what was that about? Mr. Bourdon: When you get the cases 52 and 53, which we'll get to eventually okay, this is the same elevation for the unit on case 52. We'll get those together. I just want you to hang on to it because you'll need it again, if you that's all. It's a separate piece of property, separate only short term rental applications but it just wanted to that's why on the back, it's got 39 and 52A. Mr. Coston: Okay. Mr. Bourdon: And I'll talk about it when that one comes back. Ms. Klein: So I pulled up the address on Google Maps and it's a Yellow House that comes up. Mr. Bourdon: It might be, if you see, I think what that's doing is picking up the property in front of it. That's for sure. Ms. Klein: This is what comes up when I put it out. Mr. Bourdon: Yes, that is the house that's on the lot, the bigger lot that is the application 52 and 53. This is directly behind that on a separate piece of property. Ms. Klein: Okay, thank you. Mr. Bourdon: Oh, you're very welcome. Mr. Weiner: Mr. Redmond. Mr. Redmond: Mr. Bourdon just to answer your question, my concern about that I expressed this morning. I kind of like to know what we're looking at. So I mean, this is helpful to me and have that this morning. We just, somebody throws us a vacant lot and says short term rental. I don't know what's going on there so and even. Mr. Bourdon: I was not making argument with your question, I agree, it should have been in the application, totally concur with you on that. Mr. Redmond: I think the more we have particularly if we have something that's a construction project and we know, gotta have something to go on other than, we gotta have something to go on. Mr. Bourdon: Agree, every conditional use permit ever come up here on if it's something to be built. You've got elevations, I 1000% agree with that. Mr. Redmond: Okay. Mr. Weiner: All right, any more questions. Thank you. We're gonna close this and open this up to us now. Ms. Sandloop: No, we have one speaker. Mr. Weiner: I'm sorry, I thought there was no speakers. I'm sorry. Ms. Sandloop: Frank Morgan. Mr. Weiner: Thank you for keeping me in line. Mr. Morgan: Good afternoon. I am Frank Morgan. I own the property at 2414 Artic Avenue and it's directly across the alley, running north and south between my property and the short term rental proposed by Beach Borough. The alley itself, which you already know because I heard you just say it is was never a designated city street. It was created as convenience for the houses that my house and the houses that run from 24th and a half street down to 24th Street,which were all built to house people who worked at the life saving station and the director of the life saving station owned my property. And as his family grew, he created rental properties and add- ons and did this and that and one of the things he did was in the early 50s he took scrap from Pacific Avenue when Pacific Avenue was converted from two lanes to four lanes and there was just concrete everywhere. It was so I remember it and I couldn't have been more than about four or five years old, but anyway, it was that big a project. But anyway,they took this concrete scrap and they built a wall around the backyard that went right up to the property line and that would never be allowed today. I know, but I believe it might be grandfathered in. But the fact is, there's a wall that runs around along the backside of the property that is like it's unique and it's visual,but it runs right up to the property line and what my whole point of being here today is that what I can see from the city plan and the one that I've seen just now is a little bit more detailed. They may be planning to build their structure directly or too close to the area there, actually at this point, it doesn't look like it's the structure, but it looks like the cars might stick out right to the edge of the driveway and what I'm concerned about is that passage of large vehicles both the city sanitation trucks and recycling trucks use this alley every week, not so often. Okay, I'm finished there. Basically, that's the bottom line. I don't think there's enough room between the two if they build right up to that line there. Would you like to me go on? Mr. Weiner: Yeah 30 seconds, the red light comes. Mr. Morgan: Okay good. Let me see what I can do here. I would like to see where the most east most boundary to the proposed structure is and I would like to be sure future residents and guests of the proposed structure will not be parking in the alley or impeding residents access the property in any way. Mr. Weiner: Any questions? Mr. Morgan: Thank you. Mr. Weiner: Thank you, sir. Ms. Sandloop: No more speakers. Mr. Weiner: No more speakers. Mr. Bourdon. Mr. Bourdon: I believe,Mr. Morgan correct me if I'm inaccurate. I believe that this isn't working. I believe that Mr. Morgan's house is here, I believe that's his,the one that's running on in between is a short term rental that Council approved I represented for Chris Ettle about a month ago. So the middle house is a short term rental that's been approved. Again, I believe, Mr. Morgan on that corner of 24th and a half in Arctic. Is that correct? Thank you. And as the site plan shows, all under review all been approved by the Board of Zoning Appeals, my client will be paving that alley as a part of the development of this because it's pretty bad shaped at this point and again one of the benefits of redevelopment private sector comes in and will improve the infrastructure of that very much needs to be improved and the parking spaces just understand this, this I think has relevance to a lot of things. I'm not getting immersed in the conversation about the one and over in Bayside. We don't have 18 foot long cars folks, okay, so the parking spaces the 9 x 18 is a bigger area than anybody's car is going to be not hugely so but definitely so. So the ability to park three cars on this property is unassailable without any of it being now, some people aren't the best drivers and parkers so I guess anything's possible,we can't pass laws to deal with those issues and then there's certainly Mr. Morgan's 1,000% correct. There can be no parking on this alley. Okay,that's it. That's an absolute fact. There is on street parking on 25th Street, thankfully. But this does meet the criteria and you see that the setbacks all of which have been approved by the Board of Zoning Appeals. They all do reflect,not all,most of them reflect variances to setbacks,but no variance whatsoever for the required onsite parking. I will be happy to answer any questions. All the conditions as recommended by staff are acceptable. Although I'd want them to recommend approval. Mr. Weiner: George. Mr. Alcaraz: Mr. Tajan, can you explain to me why you recommended denial on your terms against, I'm just kind of lost. Mr. Tajan: Yes. So Mr. Bourdon is correct that the site does meet the parking standards for single family home which are two parking spaces that cannot be located in the garage. The short term rental does require one parking space for every bedroom, which this is a three bedroom, single family home. So they're required to have a third space, which is their proposing to be located in the garage. Two things were under consideration for the staff when we reviewed, the parking plan one is that it is new construction, there's an ability to meet the standards of parking without having to park inside the garage because the garage is not permitted to be counted for a parking space. If you are doing other single uses,so single family duplex, you could not count the garage space. We have been flexible with existing properties, existing homes that we're showing that as their additional space. That being said, because it's not constructed yet they have the ability barring the need for additional variances to plan the site to meet the requirements without having to use the garage space. Mr. Alcaraz: So they can build the house by code and they just need two parking spaces,correct? Mr. Tajan: That is correct. Mr. Alcaraz: And then your concern is that they're proposing a third parking space that was never, that's not approved by the development of the property. Mr. Tajan: No that they're using it to, they have not built the residence yet. So they have the ability to meet the requirements without getting an alternative parking approval from the zoning administrator. So if they're planning to do this, they have that opportunity, again barring the variance issues, because they did have to get variances to do this. So they have the opportunity to plan for this to meet those requirements prior to coming in because they haven't built it yet. Mr. Alcaraz: Okay. But then, as she mentioned in the informal if they did build it, then we wouldn't have a problem right? Mr. Tajan: Currently, that's how, again as we've had it, we've had multiple applications previously they were under construction close to CO, we have counted the garage parking space. You're correct. Mr. Alcaraz: Okay, thanks. Mr. Bourdon: If I could quickly, I'm sorry,but... The absolute only way to do that on this piece of property would be to eliminate the garage and have that be an outdoor unenclosed parking space which would cause the dwelling to look, I would suggest far less architecturally pleasing, although compared to what's there, everything's great. But then what's proposed, so if there were a way to Mr.Tajan and to Mr. Kemp's credit, you know, they've been very helpful to applicant's and trying to find ways to put an extra parking space on a property using permeable pavers and things of that nature, but this is a very unique circumstance. It's a very small lot, I understood, but there isn't a way that we do meet and will meet the parking requirements. Mr. Weiner: Mr. Redmond. Mr. Redmond: Thank you. I don't get it. I mean, I heard you, but I still don't understand what's wrong with the garage. You've got three parking spaces, we've recommended approval for a number of applications and said, they got a bunch of junk in the garage and maybe when as people go out and take photos, maybe they should take photos of the garage and other instances, garage just seem to be fine for parking. But in this instance, it doesn't three means three in my book, I just don't, maybe it's just been a long day, but I don't understand. It seems to me a difference without a distinction. I don't see the difference, actually, I see three parking spaces. One of them happens to be covered as opposed to not covered which in my book, typically is a'better parking space and the one that isn't fortunate to have that at work and home. So I still don't,you just want them to do it a different way because you want them to do it a different way. I don't, I just don't understand. Mr. Weiner: Let me do this real quick. Any more questions for Mr.Bourdon? Okay,we're good and we're gonna close it and open it up. Mr. Tajan: So, again the way staff has analyzed this is that the unit has not been built; they have the opportunity to meet the requirements without having to get an alternative parking approval from the zoning administrator. So, when we do these approvals for the parking, we are giving, we are granting an alternative approval, which we already have concerns with, with the right-of-way portion, right that is not impacting so when they are, they have not built it yet, they have the opportunity to meet all the requirements for development without having to get an alternative approval and that's where staff is saying that you have an opportunity to if you're planning to request this and it's not built yet, you have an opportunity to plan for this in advance to meet the requirements. So we understand the concern, but we are also trying to figure out this as well. Mr. Weiner: Mr. Tajan, I have a question. So basically what you're saying is that that garage wasn't there and there was another open space there would be okay because it has, even if it hasn't been built yet? Mr. Tajan: We would count that, Kevin? Mr. Kemp: Well, I think another way to look at it is,you know, on this particular law,yes, it is a small lot, but they needed another board's approval to get reductions to the dimensional requirements to be able to build the product they wanted, another way to look at it is if they build a more appropriately sized product on the lot, they may be able to meet the parking requirement without having to ask for additional relief from us. Mr. Weiner: What's the additional, I don't understand either. Mr. Kemp: Well, by the garage space is submitting a parking study. It's asking us okay, you don't have the ordinance required parking, so you're submitting an alternative for us to approve. I think that board approval on this one weighs in too. Mr. Weiner: Ms. Wilson. Ms. Wilson: Okay, now I'm going to try the third explanation. Okay, let's start with garages. The parking space in the garage does not count in most places. You can't count it. It's just in your garage. It's not counted as a parking spot. Mr. Weiner: For short term rentals? Ms. Wilson: No for anything. Mr. Weiner: Okay. Ms. Wilson: So when we go to short term rentals why we do that? Don't ask, okay. With short term rentals, we have begun counting that garage space and that's considered an alternative parking plan,because it's something that's against the zoning ordinance so that's what. Mr. Weiner: Yes ma'am. Ms. Klein: So if I went to purchase this house, because I liked it, it was for sale. It would be advertised as two parking spaces? Ms. Wilson: It would only require to have two parking spaces because it's a single family dwelling and because they do not count the parking space in the garage. Ms. Klein: So it'd be advertised as two parking space, okay. Mr. Inman: We can't control advertising. It's the requirement of the zoning is that there are two,in order to get a permit from us,they would have to get the two parking spaces that meet the zoning requirements. If the house was build today, the garage would count. Ms. Wilson: I beg your pardon. Mr. Inman: If that house was existing today and had that garage, we could count that as a third parking space. Ms. Wilson: But only after you ask that request from the zoning administrator. It's an alternative form of your parking. You have to ask for the parking plan. And then Kevin could approve it because that's what we've been doing. Mr. Weiner: So it would be approved like Mr. Inman said. Ms. Wilson: It would be approved. Yes. Mr. Redmond: Mr. Chairman, I move for approval of the application. Mr. Horsley: Second. Mr. Tajan: May I make a recommendation Mr. Redmond, since you had asked about the elevation - of adding a condition, including the elevation as submitted today. Mr. Redmond: That's a good recommendation. I appreciate it. I would also add as another condition that the elevations be in substantial conformance with what the applicant's representative has submitted or something very close, substantial. Mr. Bourdon: Prior to the BZA approval. Mr. Redmond: Excuse me. Mr. Bourdon: The Board of Zoning Appeals approval of this which has already been approved, Mr. Weiner: We have a motion, we have a second. Mr. Redmond: Did you understand that? Mr. Tajan: Yes sir. Ms. Sandloop: Is that an amendment to the condition? Okay. We have a motion and the second. Ms. Cartwright: The vote is open, Ms. Sandloop: by vote of 8-0 agenda item number 39 has been approved with condition as amended. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 410 25th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events with more than the permitted number of people who may stay overnight(number of bedrooms multiplied by three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one(1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 18. The proposed residential dwelling shall be in substantial conformance with the building elevations exhibit found on page 8 of the Staff report, dated 01/28/2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council, and is on file with the Virginia Beach Department of Planning and Community Development. .... ......... .......... Oil ro r7lk Sol xt%c cr CL ', 4-1-2 _-- street A-36 250 A-12 25th Street 25th stree1ft \ 2 -�; „I/4/ 4 , \ , \ \ 0 , \ OR /A-1,2 * \ ,---- ,----- A-'12 -\ ..--_\ tv , , /1".. ;i0 i i A-1:2�, R=5D* �- Half scree t -- 1--s�_ 24th A=12 =_ — ��`� NO street 17, �. Cam, 40 9, ... \ \, a ,� str a ,, �' - RT-3 e 24th Nab �- �. - A 1-2 , ; -A36 =\ \, 1 0 A24 Site Beach Borough Development, LLC "` 1 tk `` Property_Polygons 408 25th Street, Units A & B �I Zoning Parking Lot Drive Aisle m imin iim Fee Building 012.525 50 75 100 125 150 l S Nu ti, cN Q.'- f si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEACH BOROUGH DEVELOPMENT, LLC [Applicant & Property Owner] Conditional Use Permits (Short Term Rentals) for the property located at 408 25th Street, Units A & B (GPIN 2427091742). COUNCIL DISTRICT — BEACH MEETING DATE: June 23, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental for two new single-family dwellings at the oceanfront. The existing dwelling on this 6,000 square-foot lot will be removed and replaced with the two, three-bedroom homes, Units A and B, as permitted under the provisions of the A-12 Apartment District (Old Beach Overlay). The maximum occupancy for guests on-site after 11:00 p.m. for two, three-bedroom Short Term Rentals is 18. The minimum number of parking spaces required for this use is one per bedroom, or three per unit for a total of six spaces. • Considerations: Three on-site parking spaces will be dedicated for each unit, two spaces in each driveway and one space in each garage. Typically, the garage space does not count towards meeting the parking requirement for residential uses. As such, the parking plan required consideration by the Zoning Administrator for approval of the deviation. As the construction of the two proposed single-family dwellings necessitated variances from the Board of Zoning Appeals, Staff did not favor additional deviation of standards to this new construction project, specifically using the garage to meet the minimum parking requirement, and the Zoning Administrator denied the plan. Staff also considered that the building has not been constructed nor was approved for construction prior to the adoption of the current Short Term Rental regulations. Therefore, it was staff's opinion that the site or building design could be changed to allow for all parking to meet the Zoning Ordinance requirements. The Planning Commission disagreed, finding the use of the garage acceptable despite the new construction. The Planning Commission's position is that all requirements of Section 241 .2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known public opposition to this application. Beach Borough Development, LLC Page 2 of 4 • Recommendations: City Staff recommend denial of this request. On March 11, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. 1 . The following conditions shall only apply to the dwelling units addressed as 408 25th Street, Units A and B and the Short Term Rental uses shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. No parking shall be permitted within the alley. 3. The garage space within the units must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Beach Borough Development, LLC Page 3of4 Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rental. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Beach Borough Development, LLC Page 4 of 4 ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department R99-7 City Manager: `(/(t_ Applicant and Property Owner: Beach Borough Development, LLC Agenda Items Public Hearing: March 11, 52 & 53 City Council Election District: Beac Beach Virginia Beach Requests #52 - Conditional Use Permit (Short Term Rental)—Unit A #53-Conditional Use Permit (Short Term Rental)—Unit B r011101 Ea :::ndatioll Re ir 11111111 VW 0 II _ �.r Bill Landfair fir `� 111 Location � ' Ill 408 25th Street Units A& B •� ogia 011 GPIN 0 ' 2427091742 ' S Site Size • 6,000 square feet Existing Land Use and Zoning District Single-family dwelling/A-12 Apartment (Old Beach Overlay) ! A Surrounding Land Uses and Zoning Districts f -, . �ele - ' l',, :'-- - NorthAril — ¢1 �. - �� , 25th Street . 4 .' �...,,. Multi-family dwellings/A-12 &A-36 Apartment �, ! t,.°"' South asp 0 „N.. Single-family dwellings/A-12 Apartment K . t FQ 1 ',, " East N: - * Multi-family, single-family dwellings/A-12 'f` . '�' Apartment _ _ T,a . . r ` West i. .A ti.', ,' A � « 0,,.1' Single-family dwellings/A 12 Apartment # ' ' � a4 -�i ��� y.. iris ;sue' ,-- *l... ' f -=.` Beach Borough Development, LLC Agenda Items 52 & 53 Page 1 Background & Summary of Proposal Site Conditions and History • The 6,000 square foot parcel, zoned A-12 Apartment District (Old Beach Overlay), is located at the oceanfront. • The applicant proposes to construct two,three-bedroom single-family dwellings, Units A and B, on one lot as permitted in the Old Beach Overlay; and has submitted applications for two Conditional Use Permits for Short Term Rentals. • Staff inspected the site on January 10, 2020 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • There are no past code violations or City Council actions for the property. Short Term Rentals in the Vicinity '' ,, Zat �g ,1 Imo_ teat \ / jtit t , ,,l t 1-tr ee b" y`1,_,%'-4- e .. It Q.i 1 // a� eat - J ` _s 5t Stt ` i lfit` ` `r4k 2 - I Y \_., -=___I \ t '+ s y;. — � \r'= r STATUS \ ec v -- m\ • Approved " "ttd� 1te \ "'� 1 0 Denied 1 \ \- tee ,---\--,\ �-- Under Rew,ew� x 1 rt rY a�i Registered -,��1'S5 .,,1 _WS- (�.1111- \ 2'1 Jtee 1 7 0 \ ter- ---,-\ \ \ r 17L?•rS�- \ -!1 \--;- Summary of Proposal The applicant submitted Short Term Rental Conditional Use Permit applications for two, three-bedroom Short Term Rentals for 408 25th Street, Units A and B. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. Beach Borough Development, LLC Agenda Items 52 & 53 Page 2 Unit A Unit B Number of bedrooms in the Short Term Rentals: 3 3 Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per 9 9 bedroom): Number of parking spaces required (1 space per bedroom required): 3 3 Number of parking spaces provided on-site: 3 3 { v ' , o ,�, \ C11 �v�� A•12, �-��� -- A1 � `M • A-12 \ sscnswot Zoning History fir,; (, OR # Request WIt 1 CUP(Bed and Breakfast)Approved 8/26/2003 ''-'1-- c" - . \7-- 1 '. C -- - RT,-3 op " :a ..,*Ill OR • V , �� A- 0 eta vest 36 V �- ,®eA ', Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant is requesting to operate two, three-bedroom Short Term Rentals within two proposed single-family dwellings, identified as Units A and B, which will replace the one single-family dwelling currently on the property. Zoning variances were required to permit the construction of the two dwellings. There will be three on-site parking spaces dedicated for each unit, two spaces in each driveway and one space in each garage. No parking will be permitted in the alley. Staff is concerned that given the relief already received from development standards to allow construction of the two dwellings we cannot support additional approvals in the form of an alternative parking arrangement requiring the use of garages in new construction to satisfy the parking requirement. The Zoning Administrator has reviewed this parking plan and denied this approach. Therefore, Staff does not support the application and concludes that the proposal does not satisfy the requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals. Based on the considerations above, Staff recommends denial of this request. If the Planning Commission wishes to consider approval of the application, the following conditions are provided for consideration. As the Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP) where on-street parking is limited, a Beach Borough Development, LLC Agenda Items 52 & 53 Page 3 condition is recommended to limit the number of guest and temporary passes while the Conditional Use Permit is active. Recommended Conditions for Items 52 & 53 1. The following conditions shall only apply to the dwelling units addressed as 408 25th Street, Units A and B and the Short Term Rental uses shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. No parking shall be permitted within the alley. 3. The garage space within the units must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP)shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Beach Borough Development, LLC Agenda Items 52 &53 Page 4 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, June 7, 2020 and June 14, 2020. Beach Borough Development, LLC Agenda Items 52 & 53 Page 5 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 8, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on June 19, 2020. Beach Borough Development, LLC Agenda Items 52 &53 Page 6 Site Layout & Parking Plan --, 11 ----Oil m-surKeMs.t—, 111 kg 1 I i; 114 11"11II :—aw ail [' % I I' a � E b i I (rot od S 0YY)oivw,o:,) Arr 1331dIs gI93 lag_ 64 1..—NN„, talk 'I- ' . -�--_. }nitiaps ( it, 1' ' ; - - ' N- UNIT A rait . • . g I 1 PROPOSED `"� a - ; W t L • 3-BEDROOM ; t- 1 • 4 N A , i, STR. . 1 1l .'5, • • § voi vTr I -§ R I -4oZ . : "..° oo. ec f; f • aka o r.r RR§ 4 UNIT B ,11-4 ik - - �' ., PROPOSED f ' - - - a-4§4 ,m tt 3-BEDROOM , T---ie • . z 4g ' II d„ STR ,, !\-�=�L: -, - es ?;g L1 2" ; e R 3 1 ' 'h 1 0 b I .4s 4 s ii I� y1 .a ` .• P,. x r 10 4 I six.; ,. •� I r I Beach Borough Development, LLC Agenda Items 52 &53 Page 7 Site Photos 4....,..000004mf . ' • .a ��t -s , r ' - _ -_ Fes- , 1. - • -,t.." + s "�` FT, ,-- INS _ , - t. ''` .t' - Beach Borough Development, LLC Agenda Items 52 & 53 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Beach Borough Development, 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. seals Certificate of _ Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR brio( r,.e r+eets prior to Page 1 of 7 Cit Council meetin licaticn(z) HEARING 4,40110 SUBMITTED DATE DATE. Beach Borough Development, LLC Agenda Items 52 & 53 Page 9 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Xx Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Beach Borough Development, LI If an LLC, list all member's names Steven W. Bishard, President///John K. Bishard, Vice President Kenneth F. Hunt, President If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Bishard Development Corporation KFH Enterprises, Inc See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck 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 Beach Borough Development, LLC Agenda Items 52 & 53 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity, (li)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 Beach Borough Development, LLC Agenda Items 52 & 53 Page 11 Disclosure Statement V13 APPLICANT Virginia Beach YES NO SERVICE 1 PROVIDER(use additional sheets if J l needed) ❑ ® Accounting and/or preparer of your tax return ❑ " Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ NI purchaser of the subject property (identify purchaser(s)and purchaser's service providers) i ® Construction Contractors ❑ Engineers/Surveyors/Agents WPL Financing(include current TowneBank T ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services R.Edward Bourdon,Jr.,Esquire Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the subject property • , SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Beach Borough Development, LLC Agenda Items 52&53 Page 12 Disclosure Statement IiI3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ r CAD2cc, fig-- — APPLICANTS SICNATUp[ PRINT NAME Dn i I Page 5 of 7 Beach Borough Development, LLC Agenda Items 52 & 53 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Beach Borough Development, LLC Agenda Items 52 & 53 Page 14 Item#52 and 53 Beach Borough Development, LLC Conditional Use Permit(Short Term Rental) 408 25th Street Unit A&B March 11,2020 RECOMMEND FOR APPROVAL-HEARD Ms. Sandloop:Our next item our agenda items 52 and 53 Beach Borough Development, LLC, an application for a conditional use permit short term rental on property located at 408 25th Street units A and B located in the Beach District. Mr. Bourdon: Eddie Bourdon, Virginia Beach attorney representing the applicants on this and I should have said this earlier John Steve Bishard and Josh Moto have been here all day on their applications. This is one of those, Pamela am I correct there are no speakers other than our managers? I forgot to pass out the letters of support, the petition in favor and all that stuff on the applications that are my clients in the old beach area. Okay, so this is back to case 39. This is the two units on the larger lot fronting on 25th street that we saw before on case 39 for the front and the second are back unit behind it. All right, so I know, I don't necessarily want to go through everything we talked about on case 39, but the one thing I do want to add and actually I'm gonna have Frank come up and speak as he had some comments about the parking. This property fronts on 25th Street, we meet all of the parking requirements and Bishard just like Chris Ettle, especially the two different companies. They have been for many years redeveloping old beach and doing a fantastic job of doing so. And they're designing these houses and they're building these houses for sale. These are not being designed as short term rentals. Short term rentals are a very positive attribute of properties for sale in certain areas and again give you my two cents, you know, I don't necessarily think they ought to be in every area but I certainly believe that in an old beach and in some of the other areas that are very close to the resort and close to the beaches, there is good reason to especially where we want to as a city, encourage redevelopment and we've been trying and trying for the longest time to redevelop the old beach area and it's happening and largely because of people like the Bishards and Chris Ettle and some others,Bob Scott tried for years and years and the staff,you know,of course,I don't want to age, Carolyn by saying her but there are people that understand that everybody's how are we going to get 21 st and 22nd Street to look nice because it, you know, hadn't looked nice and the truth of the matter is, that after some nice looking units were built on 22nd Street and couldn't sell,they turned them into short term rentals and then some other people got smart and said,Hey,this is a great idea. So now we've got a lot of them built on 22nd Street, which is an unbelievable improvement over what we were looking at for decades and decades and Bob Scott was,you know,God rest his soul was,you know,he and others in the plan for trying to feel how are we going to get those streets to redevelop? Because,you know,we may not want to live there 365 but people that are coming to visit for a week, it's a great place to have and when you come into the city or when you're leaving the city, having those in those quarters, you know, I think it's just fantastic in terms of the aesthetics of our community and there was a lot of thought,we'll put little shops and things long there. Well retail is not going to happen there and so it's not all bad, but I do get it for people like the folks on Bay Lake Pines and some other places, I do understand it's not for everything. So anyway, sorry to get way off track, these applications, beautiful new redevelopment, all approved, plans approved get elevations, meet all the parking requirements. There is also on street parking on 25th Street,all of the conditions as recommended in the staff report even though they did not recommend approval because of the conversation that we had previously on the other lot on the alley are acceptable to my clients. I will be happy to answer any questions. Mr. Weiner: I got a quick question Mr. Bourdon. Parking on 25th Street is that part of the RPP program? Mr. Bourdon: No, no, you got to be part of the program, yeah and the condition restricting that, that's fine. And I did want Frank to get some comments. Mr. Weiner: Did you sign up? Mr. Frank: I'm signed up for it too. Thank you. I just wanted to reiterate the parking. There seems to be a lot of conversation in reference to the parking. As I stated earlier, I'm in constant communication with the guests and all this parking commotion and the conversation is in reference to the guests which are coming from out of state,most of them 85 million people to the northeast of us,but they,the communication I have with them, I state that there's limited parking, so if you come in multiple cars that you must park in public places and if the parking is not controlled, they are towed and I have towed the guest cars beforehand because they have not followed the regulations,which are set forth in the binder when they come inside their house and also prior to the electronic, the emails that I send them. So the guests are aware 100% as far as my management is, we state that they must abide by the parking or they will be towed. And they have been and they call me and they complain, but I'd stayed, you know, exactly, I told you so. Just one state that the parking seems to be a lot of conversation about the parking,but it is I do the best I possibly can in reference to controlling it. Thank you. I appreciate your time. Mr. Weiner: Any questions? Any questions for Mr. Bourdon? We're good. We are going to close it, and open it up for discussion. Mr. Redmond:That strikes me very much like the application we had earlier, I will say, you said earlier Mr. Bourdon built some houses and they didn't sell that's typically because of price. Mr. Bourdon: I wasn't suggesting they haven't necessarily sold. Chris Ettle and as well Janice Eber are building really nice houses in this area and they're building them to sell them, it doesn't mean that they are going to do a fire sale to sell them and they're also buying property like the ones on 20th street that were on consent to assemble properties for maybe bigger and better redevelopment, but it's a means to also find buyers who, you know, want to have a place to come to the beach but would like some income in order to be able to afford that second home or vacation home or what have you so it gives them a mark an additional market to tap into rather than just the primary residence purchaser so it, you know, we're all better served by having higher value properties in these areas because that encourages even more redevelopment and that's what we've been blessed to have is that lots of other localities around us and elsewhere haven't and that is organic, organic redevelopment that we're not having to put money into as tax payers in Virginia Beach. Thank you. Mr. Wall: I've got one question sir. This has probably been brought up before, there's only one house on the property currently, is that right? Mr. Bourdon: That's correct. Yes sir. Mr. Wall: Is going to be subdivided? Mr. Bourdon: It's A-12 zoning and it's old beach overlay, which allows two single family or duplex and we're doing two single family rather than the duplex which again, is the community believes is better, everybody believes better and to suppose these, and this also required some variances but it's certainly a lot, a lot bigger than the one behind it by a long shot and really, there was the only one person had drainage concerns to our immediate West and no opposition to any of this. Thank you. Mr. Weiner: Mr. Redmond. Mr. Redmond: Mr. Chairman, I move approval of agenda items number 52 and 53. Mr. Horsley: Second. Mr. Weiner: We have a motion and a second. Ms. Cartwright:The vote is open. Ms. Sandloop: By vote of 8-0, agenda items 52 and 53 have been approved. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling units addressed as 408 25th Street, Units A and B and the Short Term Rental uses shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. No parking shall be permitted within the alley. 3. The garage space within the units must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. _ _...._ \.... .„ ---'°• -• , . ___ - --- e n --, - , • ', r. Av _ . .------A • ------- -- , .,0r, __ I 1 \___- -1- --• ' - .- " e lila 1 7-----1:- --. --4ksi---11 I\ \5--- t ...\ \ t - • _ __ _ • - \ \-• -...- .... , , \---- , -- ' 4)\ \ ------- I\ \--- ---- ----- k _--- .044 .......1-_-4,1 -__ c - -._-_---_ \ - ' .s,,... , t ------ _ •_11 \ ,, \_____-- ____ , f ...-- .... CII '11 . \ 011111 ,, ----- - • i.41F . l':- C', _L"-----S -- , stie ._,,________ _.____-141•0114.___- ' .1.411) g 'v, Ls _,...— _I.\ _la1 111A \ ,1,1111011 - 1 • --e - - 0, %oil 1 711111i\ 'Mill --- \jç 4) t0111041\47.-. ___-- k .,,,, , .: ' ---' AA • '', ' _--- _, , t , ,- . :- - _ - ____--‘ , . ,:L_- ',,, \____,A-------' ( . I ___,-.4::::,- A .... ., -- - - ---.. ..-, • ‘ \ \ ' - - -- . --- ..,, 0 ' , \_,. , .. . '.,,' '..---- - - \c,1- ., 1 •--,-... \ *A -_ \ \ 'L r- ..,. \ a) cc a) 1 • ' \ 8 a) •.-, 'FV4-- _____,,,r ---\\ 1 —, \ , \ , , 64 <CL PI Dc CCW ....-- I-- 3---ii:;;, OS --NT .I lr-le.a-' •4 .' 0 • 0 0 \; ...2..„,,,r__ ,,,,, i. ' VP ‘ - 1 , __-- / \,,,) 1 ----:- A-3 =1 1 '�,�__A=1 2--- 0 C. 3rd Street Y- —1. R5S 2 \ _`',� _ \ 23r , eet, street '�__, _ A-1, \_____3_____ \\-- c---- 2 •,, v \ i _ __ , .\ ' 03 \ , ,--- ,--r--- ,------r\ 0, ,_, Art2/ 0 0 '_ 1 , , A-36U , _ ___ A�12 \_, / 1 . , // \_____ RT-4 /- 0 street _ 22nd Na R-5D '\ . \ \t"----7 \- , ' ,__----\_j ( \ , ' , t \ _ Nab \ 22nd V. O, \R' \ \_____r\-\ .- /MA Site Property_Polygons Anthony S. Craig & Monica Malone-Craig " ' � t_ Zoning 417 22nd 1/2 Street s Parking Lot Drive Aisle L _ Building I MIMI MEM= Feet 0 10 20 40 60 80 100 120 u l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANTHONY S. CRAIG & MONICA MALONE-CRAIG [Applicants] ANTHONY S. CRAIG & MONICA MALONE-CRAIG, DAN G. PESCARIU & CRISTINA G. MAXIM [Owners] Conditional Use Permit (Short Term Rental) for the property located at 417 22"d 1/2 Street (GPIN 2427081833). COUNCIL DISTRICT — BEACH MEETING DATE: June 23, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on a 7,800 square-foot lot within the A-12 Apartment District in the Old Beach neighborhood. The subject property contains one duplex constructed in 2006. The Short Term Rental will occupy a five-bedroom unit in the southern half of the duplex. The maximum occupancy for guests on-site after 11:00 p.m. for a five- bedroom Short Term Rental is 15. The minimum number of parking spaces required for this use is one per bedroom, or five spaces in this instance. • Considerations: The applicant has submitted a parking plan that provides for three on-site parking spaces, including one space in the garage, and another two parallel spaces along the property frontage. These spaces encroach approximately four feet into the right-of-way of 22 '/2 Street (alley) where on-street parking is not permitted. The Zoning Administrator has denied this approach, as the spaces could pose a safety hazard and impede the flow of traffic. The proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), which was established to ensure the protection of stable residential neighborhoods while addressing the need for employee parking for businesses at the oceanfront. As the site is within the designated RPPP area, where on-street parking is limited, a condition is recommended that limits the number of guest and temporary passes available while the Conditional Use Permit is active. The property can accommodate only three of the five required off-street parking spaces, and therefore, does not meet the minimum parking requirement. Both the Staff and Planning Commission recommend denial of the application, as an acceptable solution to address the parking deficiency was not provided. Based on this, on March 11, 2020, the Planning Commission concluded that the proposal does not satisfy the requirements of Section 241 .2 of the Zoning Ordinance regulating Short Term Rentals. Further details pertaining to the application, as well Anthony S. Craig & Monica Malone-Craig Page 2 of 4 as Staff's evaluation, are provided in the attached Staff report. There is no known public opposition to this application. • Recommendations: City Staff recommend denial of this request. The Planning Commission passed a motion to recommend denial of this request by a vote of 8-0. If the City Council wishes to consider approval of the application, the following conditions are provided for consideration: 1 . The following conditions shall only apply to the dwelling unit addressed as 417 22nd 1/2 Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. Anthony S. Craig & Monica Malone-Craig Page 3of4 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 .All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rental. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Anthony S. Craig & Monica Malone-Craig Page 4of4 ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department -M) City Manager: (L. Applicants:Anthony S. Craig & Monica Malone-Craig Agenda Item Property Owners:Anthony S. Craig & Monica Malone- Craig, Dan G. Pescariu & Cristina G. Maxim Public Hearing: March 11, 2020 40 Virginia Beach City Council Election District: Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation r Denial _- 111011.0100111.111111 Staff Planner 1111111 Jonathan Sanders Location r.01111.11 417 22nd %Street 1111111114111 GPIN _ ViLiiiii ; 2427081833 Site Size 61111110 0010.-- likor M11-1 7,800 square feet • Existing Land Use and Zoning District - Duplex dwelling/A-12 Apartment (Old Beach Overlay) Surrounding Land Uses and Zoning Districts North ,. t i._ '`-- '— ; ;� 23rd Street ,`' . akt *k'� 41x gyp.. - .� Single-family dwelling, duplex/A-36 Apartment vim' r • ...l 1 (Old Beach Overlay) '' k - #• South _� - - i _ --it, 22nd%z Street (alley) ----- -1 ` "_4 I"!r't igeol1'� .• 1 Multi-family dwellings/OR Oceanfront Resort - : - East NE `. lir 1 .��� f ° 1', Single-family dwellings/A-12 Apartment (Old ►, i t - `. , �be .. -• Beach Overlay) - ) kt West ° ; ,a. Single-family dwelling/A-36 Apartment (Old - '' .J`1 :., - ,. 4A1 Beach Overlay) — `, x '.;.' Anthony S. & Monica Malone Craig Agenda Item 40 Page 1 Background & Summary of Proposal Site Conditions and History • The 7,800 square foot lot is zoned A-12 Apartment District with the Old Beach Overlay. • A Conditional Use Permit for a Short Term Rental is proposed to occupy the existing 2,800 square foot five- bedroom dwelling unit within a duplex. The unit in question is located on southern portion of the lot with vehicular access via the 22 % Street alley. • The duplex was constructed in 2006. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • The main vehicular access is along an alley, 22 %Street, where on-street parking is not permitted. • There are no code violations or City Council actions found on this property. Short Term Rentals in the Vicinity e .,_._ _t-,c=1.----\-1-12'-'43 , 44, °/ 3t stceet ,. 1 :,f To -�� P — i,� t - q h tree +d ,a . , r S ee ", aga 11 ds lk W' q t�11 r m 3 t ak • tOM . a r e street' STATUS S-Ng _as , 2 t e Approved • Denied ��s Q�� Y�ee O under Review O Registered N Summary of Proposal The applicant submitted a Conditional Use Permit request for a five-bedroom Short Term Rental at 417 22"d % Street. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 5 Anthony S. & Monica Malone Craig Agenda Item 40 Page 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 15 • Number of parking spaces required (1 space per bedroom required): 5 • Number of parking spaces provided (as approved by the Zoning Administrator): 3, 1 in the garage and 2 in the driveway R-SS \ A'z `1^' e` A I[ A36 A1) ti R-55 r asA street A36 `— Zoning History - — A 1< # Request A1 CRZ(A-12 to Conditional RT-3)Approved 12/09/2008 2 NON (Reconstruction)Approved 04/10/2012 .„..............,.......(.!\ OR Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant is requesting to operate a five-bedroom Short Term Rental within an existing 2,800 square foot unit in a duplex in Old Beach. There are three on-site parking spaces dedicated for the unit on the lot, including one space in the garage. A picture of a car parked in the garage is shown on page eight of this report. The Zoning Ordinance requires one parking space per bedroom. In this case, the five-bedroom unit requires five parking spaces. As shown on the Site Layout exhibit on page seven of this report, the parking area dedicated to this unit can only accommodate three on-site parking spaces. The two proposed parking spaces depicted parallel to the alley extend approximately three feet into right-of-way (22 1/2 Street). Parallel parking either wholly or partially in the alley is not permitted, as it could impede the flow of vehicular traffic and could be an inconvenience or even a safety hazard. The Zoning Administrator reviewed the parking plan and found it unacceptable. Based on the considerations above, Staff concludes that the proposal does not satisfy the requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals. Based on this, Staff recommends denial of this request. If the Planning Commission wishes to consider approval of the application, the following conditions are provided for consideration. As mentioned above,the property is within the boundary of the Residential Parking Permit Program, so while the Conditional Use Permit is active, parking passes issued for the dwelling unit through the RPPP will be limited to two for the residents of the dwelling, and guest permits associated with the Short Term Rental and temporary permits will not be permitted. Anthony S. & Monica Malone Craig Agenda Item 40 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 417 22nd 1/2 Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. Anthony S. & Monica Malone Craig Agenda Item 40 Page 4 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 10, 2020. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays,June 7, 2020 and June 14, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 8, 2020. Anthony S. & Monica Malone Craig Agenda Item 40 Page 5 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 19, 2020. Anthony S. & Monica Malone Craig Agenda Item 40 Page 6 Site Layout & Parking Plan 23rd Street 3.Tb,I0o9L N 009 f :\',\.,:,,,,,31 . -\\*:\,:,: „..\\\\ ::\\:::\ t '. N \\ ', N \� \ \\ t 1,,.\ ,s ir ♦ �\ ►+ i I -..,\ , - Xi: vs -*: I 4 ii .44 6 , „, c., \ ., . . .. " et �, ► . ` ' Fi• t 4 z 1 , ;'5 bedroom-.,: Y ` P uplex Unit,'? '\`1 a hort T= \,`I * Rent- Ill l ' Nou< 1la kniski tvr--'77..14, /004„�/Par' —L./ 0Jry 'Z ► Spa yi Fence , 2 LPe...r.� 411+ — . ±7d Parking Spaces Encroach 3 to 4 feet into Alley Right-of-Way 2 2 n d %2 Street Anthony S. & Monica Malone Craig Agenda Item 40 Page 7 Garage Parking • ii 'Jr(",. — / • • Anthony S. & Monica Malone Craig Agenda Item 40 Page 8 Site Photos '. ill -om .. ,.::...._... .,-., , r IPP - ‘ '0 .. , .-..- , t-v. 01111 I ; � .� . *4-.'" Al ' ;II(J1' . - - 4...::-,, 1,4 -: --:::____77a......i_.r,_, 11-1_,,,,,I,,_,T. _ ,i.__Ti.,10, ,1 r I . i w - Anthony S. & Monica Malone Craig Agenda Item 40 Page 9 Site Photos ilt _.i).:-. ,.. - ,r„„„ . ...„„ ,irroign II 1 : .. ri .1 - - , : .. .i .. .. _ r - . s' kr.7 . i*=°4 t j . - . / 1 i r ...... Pi. : F' •rr y p • _ '; 1� • ` 1 I * .111,4 k- .1.1 .,I� --- �-_ ... �t + ' r ' It 14 _ . . Anthony S. & Monica Malone Craig Agenda Item 40 Page 10 Disclosure Statement \fl3 i,,,,,,'...Eie€u h APPLICANT'S NAME Anthony S Craig & Monica Malone-Craig DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 0 SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 Af'P! NO C hA,q,,E>;,,..:: 00/20 JS Jonc.--1-60 So.rvieOs ❑ REVISIONS SUBMITTED Anthony S. & Monica Malone Craig Agenda Item 40 Page 11 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC. list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 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 /S 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 Anthony S. & Monica Malone Craig Agenda Item 40 Page 12 Disclosure Statement \i1/3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship'. means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation... See State and Local Government Conflict of Interests Act.Va. Code y 2.2 3101. 2 Affiliated business entity relationship's 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 Anthony S. & Monica Malone Craig Agenda Item 40 Page 13 Disclosure Statement 4VB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) r=, ❑ Accounting and/or preparer of Jacobson Brotrttan,PLC your tax return Architect/ Landscape Architect/ L�J Land Planner Contract Purchaser(if other than 111 X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ T purchaser of the subject property II (identify purchaser(s)and purchaser's service providers) CIIZ Construction Contractors • `, Engineers/Surveyors/Agents Financing (include current Wells Fargo Home Mortgage ® 0 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Berkshire Hathaway ri Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Anthony S. & Monica Malone Craig Agenda Item 40 Page 14 Disclosure Statement t Virginia Beach CERTIFICATION: ,I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 1 I understand that, upon receipt of notification that the application has been Ischeduled for public hearing, I am responsible for updating the information' provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Application. Anthony S.Craig 417 22 1/2 12/6/19 APPLICANT'S GNATURE PRINT NAME DATE Page 5 of 7 Anthony S. & Monica Malone Craig Agenda Item 40 Page 15 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ M Accounting and/or preparer of your tax return ❑ Z Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than IXthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ r1 purchaser of the subject property r\ (identify purchaser(s)and purchaser's service providers) 111 Z Construction Contractors 111 IX Engineers/Surveyors/ Agents Financing (include current ❑ ix mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) -1 Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Anthony S. & Monica Malone Craig Agenda Item 40 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. A` 416 23rd st 12/6/19 PROPERTY OWNER'S SIGNATURE PRINT NAMEI (1, ICA-t-+,U DATE Page 7 of 7 Anthony S. & Monica Malone Craig Agenda Item 40 Page 17 Disclosure Statement ally,, Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this l Application. f; r"11 Cristina G. Maxim 1/12/2020 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Anthony S. & Monica Malone Craig Agenda Item 40 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Anthony S. & Monica Malone Craig Agenda Item 40 Page 19 Item#40 Anthony Craig and Monica Malone-Craig Conditional Use Permit(Short Term Rental) 417 22'/:Street March 11,2020 RECOMMEND FOR DENIAL Ms. Sandloop:Our next item is agenda item 40, Anthony S. Craig & Monica Malone-Craig. An application for a Conditional Use Permit for Short Term Rental on property located at 417 22nd half street located in the Beach District. Mr. Weiner: Welcome. How are you? Mr. Craig: Good. My name is Anthony Craig and I'm asking for a conditional use permit for short term rental on 417 22nd and a half Street. I've been a resident of Virginia Beach for over 20 years now the Navy brought me here and I retired and then went to a medical school down in Norfolk and decided to stay here. My wife and I bought into the Old Beach in 2006. We bought a five-bedroom home and on the half Street, it was a new concept. I guess the beach started splitting off, properties up and so we bought the one towards the half street ended up being an alley. It took me about two years to get the folks the mail to even be delivered in my house to make them say it was a street. So we lived there for 13 years, wanting to fill it full of kids that didn't happen. So last year, we decided to downsize. So we moved to the North End,wanted to sell the house and put it on the market,and the price point just wasn't there. Like I said, we bought it in 2006 right on top of that bubble, so we were going to rent it long term rent it. I got this very well to do guy in there with his family lasts about four months until the tourists got here and the loud noises and then he had to walk down that half street which is also considered an alley still for some folks because, you know,they got cars and boats parked there. So he left me and so I decided to do short term rental. We went to get a business permit, learned all about taxes and hotel rooms and head counts and we've had 27 renters in the last year, we became a five star super hosts with that. We've actually enjoyed getting over there and getting the hands on,meeting the folks,we have a criteria where you have to be 26 or older to rent my home. It's five bedrooms, but I don't want three people per bedroom in there. I don't want the wear and tear on my home, so we set a maximum of eight people and to my surprise when we went reapplied, and then my parking got disapproved because for every bedroom, I need a parking place. That's never going to happen there at the Old Beach. I have moved cars around and jockey em where I can have four cars and out front in my home, we laid gravel about 13 years ago and we've been using that the entire time,there was a car parked there, off the street completely never got a ticket. I had parking patrol come over and they said yes, as long as it's off the street, that's the way we have to park in the half streets on the easement apparently. So my house that I thought was going to be approved ended up being I have three parking places that is approved for my home. So I also own another house. I bought a foreclosure about six years ago on 508 25th Street, and that's when they went in there and tore everything took everything out, left me with a shell. So we fixed that,but I have one tenant and that and I have additional three parking places. So my other thing to the city was Hey, I can take a walk two and a half blocks; I can use that for my other two spots. That was disapproved also, so what I've left now is I went scoured in neighborhood for the parking and they just said go out and find some commercial parking. Finding commercial parking for a homeowner is next to impossible. I had about 15 doors shut in my face over the last couple of months and I did finally get some parking five blocks away for 60 to $100 a month for the space and so a couple of things sir I can assure you there's not going to be three people per bedroom in my home and I have, I'm on the easement apparently that's why this was disapproved. That's 9 x 36 on my rocks out in front 22 foot in front and then this other picture I have is actual the half street they even build the houses where you have to park on the easement on some of them, so. I would pass this around. Mr. Weiner: So you pass it over here to the clerk and she will be able to pass to us. Mr. Craig: So I would even, my nursery,the fifth bedroom's a nursery and I have the majority of my cleaning supplies and my extra linens in it and it's locked but it's considered a five bedroom house so I need to have five parking places in the Old Beach and we bought into it because the great things was going to happen,you know,the Vibe district was talked about, the Surf Park knocking down these 1940s and 50s houses and putting this new construction. Well now all that's coming,it's all coming to the beach and it's looking really good down there. It's just that half my doors were shut. I only had three doors open in that big five bedroom and I didn't need them all. Mr. Weiner: Any questions? Mr. Inman. Mr. Redmond:First of all, couldn't you put two more parking spaces on the lot? If you took the fence down. Mr. Craig: Oh yes sir if I took the fence down but that would ruin the yard and I would never be able to put it back up because he can't get another permit for it from that high. Mr. Inman: I'm not going to disagree with you on the aesthetics of it, but I am talking to more physical compliance with the ordinance because you are in the right-of-way. So are you aware of that also that you can get alternative parking at a public parking, you can pay the city to get used parking spaces in a city parking garage? Mr. Craig: Yes sir. I'm aware of that, that's approximately most of them they were going to a nine blocks away was the closest one and then there's the 25th street parking garage also. Mr. Inman: 25th street would be closest one. Mr. Craig: Yes, sir. But my other home at 508 at 25th street that has three parking places, it's not being used is even closer, and it's my home. It's my property and if I ever had five cars at my house,which would never happen,I would go over there and sir I've been around the world a couple of times and I've stayed at a lot of Airbnbs and when I go to sign up for one, I'm like, oh, no parking place or one parking place available. I went to the UK last year; I got a flat in the middle of London. No parking places available. So what did we do? I took my rental car and dropped it off at the airport, took mass transit to my flat and I stayed there. And at some point, the City Council,they put all the ownership on parking on the owner,when it should be on this tenant also the guests that's renting my house and plus having three people in one bedroom, I'm not even going to do that sir. Mr. Inman: Yeah, well, you might not, but the next person that owns it might want to do that. So we have to look at down the road. Mr. Craig: I understand that. Mr. Weiner: George. Mr. Alcaraz: You just mentioned something different. Did you get a permit to put the fence up, is that what you said? Mr. Craig: No sir. It was there when I built it, when the house was built. Mr. Alcaraz: So is that fence legal? I'm sorry to ask. Mr. Craig: It's legal, it was there when I,before I bought the house. Mr. Alcaraz: Hold on. Mr. Tajan: We will have to double check. Mr. Wall: I'm looking at an alternative for you but Mr. Inman said you might have a way of putting the cars on the grass. Mr. Alcaraz: Is there ever an alternative to just limit the number of bedrooms that you can actually rent? Mr. Alcaraz: I think we thought we have there is enforcement. I mean, that's not me to answer but my. What I am going to do is if you meet the criteria, I'm gonna vote for you,right now you don't. I see an alternative. You put the two cars move the fence, which I'm not sure is legal and can you put the two cars in front of the property and you're good to go. Mr. Craig: And if I'm correct, we were only talking about a few feet on this easement that I didn't even know that easement existed,you know, I thought I might park my truck all the way up to the front of my driveway, as long as it's not on the road. Mr. Alcaraz: I'm not here to help you design; I'm just saying that you meet the criteria, you got my vote, so. Thank you. Mr. Weiner: And I agree with George and I think maybe we'll talk to the commissioners,maybe the best thing for us to do is defer it for 30 days, go back to the staff, talk to them about taking the fence down or another way to fix your parking problem because right now, it's not gonna make it through us. Mr. Craig: Sir, I am not going to take my fence down because of the property value of my house. Mr. Weiner: So let's see, it's probably not gonna make it to us then. Mr. Craig: But I have made arrangements for these two additional parking places that I'm paying for monthly, five blocks from my house if I cannot use my one, two blocks away. Mr. Weiner: Okay, I'm getting, if we vote I suggest we defer. You work on that. Bring it back to staff in 30 days; you can bring it back here again, with that requirement from the people that you're renting to parking places from and then we can get to it from there. Mr. Craig: Well sir, I mean, I asked not to defer it. Can you just send it to city council and let me talk to those guys? Because I've been kicking this can down the road, sir since November. My house has been set in vacant for three months without renters in there and it's just another mortgage, Mary monster. Mr. Weiner: I understand. All right, okay that sounds good. Let's talk about it. Mr. Craig: Thank you so much. Mr. Weiner: Is there any speakers? Ms. Sandloop:No. Mr. Weiner: No speakers, I will close it and open up for commissioners. Robyn. Ms. Klein: Kay what is the official word is that there's no parking on right-of-way? Ms. Wilson: What it actually says does anybody have the ordinance? I didn't bring it today. I'm thinking Bobby or Kevin may have it. It says off street parking. Ms. Klein: There is no off street parking. Ms. Wilson: No, there's no on street parking. Mr. Alcaraz: No street parking may be used, the exact terminology. Ms. Wilson: On street parking may not be used for your required parking spaces for a short term rental. Ms. Klein: But in general,like if that was my house,am I permitted to legally park in that right- of-way? Ms. Wilson: It's a city right-of-way and nobody's gonna come and tell you not to, however; it is city right-of-way and you're not allowed to block it. Ms. Klein: Okay, thank you. Ms. Wilson: And there are lots of people who park into the envelope and then you have to walk around them when you're walking your dog and I have never been able to say find anything that says you can't do that because I wanted to. Mr. Weiner: Mr. Inman. Mr. Inman: I move to deny the application. Mr. Weiner: Do I have a second? Mr. Alcaraz: Second. Ms. Cartwright: The vote is open. Ms. Sandloop:By recorded vote of 8-0, agenda item number 40, recommendation for denial has been approved. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE _ . ..— , _...-----_, '"_,----------- •, . , 0 :17-\\-1 paiaisiba8 0 --c • -,.. , _ __________--- _ . 1 ,___:_e____11., \,\;\ _._._T______::: ,'L---:\\_, ___\_ \IL_ . , ,.. Ma IA9 8 J apun 7. , . , ore, . i , , paluao • ' __.• '- , . , 11101170 pa AO Jdcly 0 _ . : . P,', ft' ll 0 II 1 I ill_ . . 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' p" ._ ��\ ' R� --(N E.) =- ;_ \ 7:- ,,-.A_______\ 1 vi,_- ti� -- 9 it ,I I y _\._ --- ' - A Site LBC Rentals, LLC W I Q Zoning 209 83rd Street, Units A & B Parking Lot Drive Aisle Budding Feet C `1C 2C °C -C SC SC ro g ., S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LBC RENTALS, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 209 83rd Street, Units A & B (GPIN 24195938820000). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: June 23, 2020 • Background: The applicant is requesting a Conditional Use Permit for two Short Term Rental uses on this 7,436 square-foot lot located within the R-5R (NE) Residential District, North End Overlay. The subject property contains one duplex (two units). City records indicate the duplex has two, two-bedroom units. The maximum occupancy for guests on-site after 11:00 p.m. is 12. The minimum number of parking spaces required for this use is one per bedroom, or four spaces in this instance. ■ Considerations: This subject property is located in the North End, two blocks from the Atlantic Ocean. The applicant has submitted a parking plan that shows all four required spaces directly accessible from 83rd Street. There is sufficient space in the driveway, between the right-of-way and the edge of pavement within the street, to allow vehicles to maneuver without having to back into the travel lane. As permitted by Section 241 .2 of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and found it acceptable. Additionally, all other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There was one speaker in support and two citizens spoke in opposition at the Planning Commission public hearing on March 11, 2020, noting issues with compatibility of the use with surrounding residences. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. 1. The following conditions shall only apply to the dwelling units addressed as 209 83rd Street, Units A & B, and the Short Term Rental use shall only occur in the principal structures. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. LBC Rentals, LLC Page 2 of 3 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight (number of bedrooms multiplied by three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. LBC Rentals, LLC Page 3 of 3 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department?? City Manager: �%�(L, Applicant and Property Owner: LBC Rentals, LLC Agenda Items 1B Public Hearing: March 11, B2020 each 37 & 38 City Council Election District: BeaCl1 Virginia Beach Requests # 37 - Conditional Use Permit (Short Term Rental)— Unit A # 38- Conditional Use Permit (Short Term Rental)—Unit B ........., ilk Staff Recommendation Approval Staff Planner Aubrey Trebilcock El \ Location ' 209 83rd Street, Units A& B GPIN 2419593882 Site Size 7,436 square feet Existing Land Use and Zoning District Duplex dwelling/ R-5R Residential is 47. r Surrounding Land Uses and Zoning Districts ,, ; t ',� . "-' ,� -1 North ° Duplex/ R-5R Residential (NE Overlay) South 83rd Street Duplex, multi-family and single family/ R-5R Residential (NE Overlay) '- - , f: . , East _ - F Zi Single family dwelling/ R-5R Residential (NE `- - , ' . �. Overlay) West Duplex dwelling/ R-5R Residential (NE Overlay) , . ,r r LBC Rentals, LLC Agenda Items 37 & 38 Page 1 Background & Summary of Proposal Site Conditions and History • The subject property is 7,436 square feet and located in the R-5R (NE) Residential North End Overlay Zoning District. • The property is developed with a duplex, which, according to City records was constructed in 1965. • On-street parking is not permitted on this portion of 83rd Street. • Staff inspected the site on January 10, 2020 to observe site conditions and take photographs for this report. • No records of previous zoning violations or City Council actions found on the property. Short Term Rentals in the Vicinity tteet . Sw '` eet Shoe �� e O,;p Ogee tree �nt : -ttee STATUS Q Approved ASIZ r, Dented 6- tree O Under Review O Registered Summary of Proposal The applicant submitted two Conditional Use Permits to allow Short Term Rentals in both Units A and B of the duplex located at 209 83rd Street. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. Unit A Unit B Number of bedrooms in the Short Term Rentals: 2 2 Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 6 6 Number of parking spaces required (1 space per bedroom required): 2 2 LBC Rentals, LLC Agenda Items 37 & 38 Page 2 Number of parking spaces provided: 2 2 RR•5RxNE) • e4a`su0' X \( ` 3 V-41. \ i)4i- -.-- -- ---\-- A <A\ 0. , , R-5�2fNE,1 b se't m ,,,__\ .ik di __,;,,,,,. 1 k �''' No Zoning History to Report Illik\ \ RS R(NEd lord street R 5R(NE) - Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The subject property is located in the North End neighborhood of Virginia Beach. The surrounding area is developed with a mixture of duplex and single-family dwellings. The subject property is two blocks from the public beaches of the Atlantic Ocean. Access to the site is directly from Shore Drive at an "S" curve with a 25 mph speed limit. The applicant is applying for a Short-Term Rental for both Units A and B. Each unit contains 2 bedrooms each for a total of 4 bedrooms,thus four off-street parking spaces are required.The applicant has submitted a parking plan that shows all four required parking spaces in front of the residence. Due to the orientation and access to the lot, staff initially had concerns with cars backing directly onto Shore Drive to leave the site. Upon review, it appears there is the necessary room between the parking spaces and Shore drive for a vehicle to maneuver to not have to back directly on to Shore Drive. Every attempt should be made by visitors to maneuver in this way. As such, per Section 241.2, the Zoning Administrator reviewed this parking plan and has found it acceptable. No letters of opposition or support have been submitted to Staff. In Staffs view, the requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. LBC Rentals, LLC Agenda Items 37 & 38 Page 3 Recommended Conditions for Items 37 & 38 1. The following conditions shall only apply to the dwelling units addressed as 209 83rd Street, Units A& B, and the Short Term Rental use shall only occur in the principal structures. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight(number of bedrooms multiplied by three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. LBC Rentals, LLC Agenda Items 37&38 Page 4 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • No meeting with neighborhood organizations has been held and no letters of support or opposition have been received. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 7, 2020 and June 14, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 8, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 19,2020. LBC Rentals, LLC Agenda Items 37&38 Page 5 Site Layout & Parking Plan l - i.' ' h Ox 1 O Z a x 2-ST-F - 209 '" c 4 Bedroom PI 1 . x Duplex I "A" t#8„ 29.1' ..: i , , . , . . , \,___BRIC a.o7 tt 4 requiredparking ib. Ai spaces w - 18. )7 ft £ f dolit.' , l , j S 84'30' W 50' L1 STREET (FORMERLY ONE HUNDRED TWENTIETH ST) 120' R/W — LBC Rentals, LLC Agenda Items 37 & 38 Page 6 Site Photos i I a `"' 4. . _y i . i .._. R , LBC Rentals, LLC Agenda Items 37 & 38 Page 7 Disclosure Statement 113 Virginia}leach APPLICANT'S NAME LBC Rentals,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 i Disposition of City-al i Modification of by City 4 Property Conditions or Proffers Alternative I Economic Development Nonconforming Use Compliance,Special ' Investment Program Changes Exception for (EDIP) Board of Zoning I Encroachment Request I Rezoning Appeals Certificate of Flood plain Variance Appropriateness i t Street Closure (Historic Review Board) _ [Franchise Agreement 1 Chesapeake Bay Preservation Area ' Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE MA(Or US[coo.v 414.I sores n,k,s- Page 1 of A innir .. APPIKANT Noll€IE°or HEARING I 63 No CHANGES AS OF f/11/Jr.A Q REVISIONS SUBMIMo LBC Rentals, LLC Agenda Items 37 & 38 Page 8 Disclosure Statement \33 Virginia Beach 0 Check here if the APPLICANT_IS NOT a corporation, partnership, firm, business,or other unincorporated organization. EI Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:LBC Rental, LLC If an LLC,list all member's names: Bishard Family Real Estate, LLC, Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Steven W.Bishard,Manager 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. Ej Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names- Page 2 of 7 LBC Rentals, LLC Agenda Items 37 &38 Page 9 Disclosure Statement 10 Virginia Reach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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_operatinc 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 LBC Rentals, LLC Agenda Items 37 & 38 Page 10 Disclosure Statement \a34 APPLICANT VirginiaBeach YES] I NO SERVICE 1 PROVIDER(use additional sheets If L_ needed) FX. Accounting and/or preparer of I/ your tax return X' Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed E. purchaser of the subject property L� (identify purchaser(s)and purchaser's service providers) U ® Construction Contractors nn Engineers/Surveyors/Agents Fox Land Surveying Financing (include current Joseph and Lillie Gilbert mortgage holders and lenders Inl selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services R.Edward Bourdon,Jr.,Esquire Real Estate Brokers/ X Agents/Realtors for current and anticipated future sales of the subject property 4e, 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 1-1 contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 LBC Rentals, LLC Agenda Items 37 & 38 Page 11 Disclosure Statement V13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. /-APPUCANTS SIG NAT U RE PRINT NAME DATE Page 5 of 7 LBC Rentals, LLC Agenda Items 37 & 38 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. LBC Rentals, LLC Agenda Items 37 & 38 Page 13 Items 37 and 38 LBC Rentals,LLC Conditional Use Permit(Short Term Rental) 209 83" Street Units A& B March 11,2020 RECOMMEND FOR APPROVAL-HEARD Ms. Sandloop: Okay. Our next agenda item is items 37 and 38 LBC Rentals, LLC. Applications for conditional use permit short term rentals on property located at 209, 83rd Street units A and B, located in the Lynnhaven District, would the applicant or the applicant's representative... ah, Mr. Bourdon. Mr. Weiner: Mr. Bourdon welcome. Mr. Bourdon: Good afternoon. Again for the record Eddie Bourdon Virginia Beach attorney representing the applicant LBC. This application, I believe was on the consent agenda, it meets all of the requirements. My clients purchased this older duplex; two units in that, both units have been rented to younger couples on a year lease. The proposal is to they're going to convert this to short term rentals,perfect location for it, it meets all the criteria, all the requirements that will be year around but the reality is it'll probably be rented no more than 50% of the time. But it gives them more control over the property, more control over the folks that are using it and as Frank our manager is going to testify in a second. My clients' manager I should say, they're better off doing that then with the year around rental as far as maintenance and taking good care of the of the property. All the conditions that council has imposed that are now incorporated to y'all's conditions, you know, basically,these are a lot tighter in terms of what you can and can't do than anybody's home. You can't have any events, etc. so in this particular location, it's good location for it to say the least and I'll answer any questions. Staff recommends approval meets all the criteria and we do have our manager signed up to speak and I think what he's got to say, which will apply to some other applications we have coming as well, would be helpful for y'all to hear. Ms. Sandloop: Mr. Vice Chair, I have three speakers, Frank Fabian and Nancy Fabian. Ms. Fabian: Hello, I'm Nancy Fabian. In regards to the petition to change the status of this duplex at 209 A and B 83`d street, I'm strongly opposed. The permit has recommended that the number of rentals per seven day period be two. So that's a turnaround of 104 - potentially - renters in a year. That's 104 potential parties in the backyard. Also, this location is at the intersection of Atlantic Ave 83rd Street/Shore Drive. It is right there. There are always accidents there. I live at 211. I know. To put potentially 12 people because he says three people per bedroom, so that's potentially 12 people in a location on a busy intersection, possibly all adults arriving in their own vehicle,where are they going to park? There are four parking spots. There's no road, off road parking, you're on Shore Drive besides the other facts of like noise and disturbance, and there are safety issues. So I think you really need to reconsider this permit and I thank you for your time. Mr. Weiner: Any questions? Thank you. Ms. Sandloop: Frank Fabian, followed by Frank Rumakers. Mr. Fabian: Good afternoon, my wife, Nancy eloquently put some major things on the table. My name is Frank Fabian and I also reside at 211 and our property line is the adjoining line to this proposed application. If I talk strictly about the code requirements of parking, it's an issue. Okay because here's what really happens at that location. Mr. Weiner: Sir, can you hand them over here to the clerk and they will send them over please? Mr. Fabian: I have a copy of what is shown there and this looks great on paper. Ladies and gentlemen, it really does, but this is not what happens out there. And as soon as they can get that up if you can, okay, I'm sorry, you pass it around. Okay that is what happens there. Okay, they double stack parking where the cars parked past the sidewalk. Now, it is the basic fundamental purpose of government is to protect the citizens in the most safe manner that you can, so the most basic fundament of all government. When that condition exists,we have to walk out into the oncoming traffic of 83rd Street, whether it's we're walking our dog, we have our wheelies going to the beach, and we jeopardize our life, our welfare because of this, and this turnaround of every three days, they're not good, every person is not going to know this. And it's going to be a real problem for us and not only us, but all of our neighbors on the upstream side of us that have to use that sidewalk to get to the beach, or do whatever it is that we want to do. Now, you've heard a lot of other issues associated with this, and I'm not going to repeat to them but in this case in particular the tenants there are,okay,you know, I am not going to get into the level of tenants, but here's where they put their garbage cans,just a couple of feet from the sidewalk. Last year in the interim, or in the change out, garbage was left to ungodly proportions wherever the stench was incredible and having an offsite property management company does nothing, okay, by the time we called them, those issues are already well in place, certainly and subjected to it. Thank you. Mr. Weiner: Any questions, thank you. Ms. Sandloop: Frank Rumakers. Mr. Weiner: Welcome. Mr. Rumakers: Hello. Thank you, I appreciate your time. I know, it's been a long afternoon, so I'm Frank Rumakers. Airbnb is the largest real estate company in the world provides great economic stimulus to popular travel destinations as Virginia Beach and allows local communities to participate in the tourism industry providing its guests with welcoming and comfortable concept of living. Essentially a home away from home as most of you are aware of this. The well kept Airbnb invites the guests to appreciate the personal touch it offers and in return, the visitors treat the neighborhood and the home as the resident would with respect and with pride. Traditional accommodations for tourists are Oceanfront hotels, but the hospitality industry has changed dramatically in the recent years. And many vacationers are choosing to use Airbnbs otherwise known as short term rentals. Owners of Airbnb homes that are short term rentals take great pride in presenting a home that is in immaculate condition to achieve repeated five star ratings from their guests. I rate the guests,the guests rate me, I give the guests five stars,most commonly they give us five stars too for the quality of accommodations that they have received. These well maintained homes can improve the value of the neighborhoods dramatically and increase property values throughout Virginia Beach and therefore increase revenue for the city. My wife and I Maria, she and I are host managers of several Airbnb properties throughout the old Beach District and also throughout Virginia Beach. We reside in the old beach neighborhood along with our three children who attend Cook Elementary. As hosts for these properties; we introduce ourselves to the neighbors and share a phone number for any questions or concerns that the neighbors express. We're available 24/7, 365 days a year. I'm resident of Virginia Beach. I live in the old beach area and our as host our guests are controlled and moderated at all times. We are active in patrolling the property and dynamic and ensuring our renters enjoy their stay. Our guests make the reservations on an electronically signed application agreeing to no parties and no events. They also agreed to uphold the legal maximum occupancy and if the contract is violated, the guests must immediately leave, I evict them myself, and I ask them to leave. We have had over 400 reservations and never ever had to have a guest leave due to the constant communication that I am involved with our guests. We attribute to this to the clear communication, as I just said, and the expectation and consequences will in advance of the reservations. Therefore, we ensure the highest level of detailed management on every property that is applying for short term rental approval, the application that this property right now I do not manage it, but I will in the near future as soon as the approval is approved. We ask that you approve our short term rental applications and keep Virginia Beach moving forward with the hospitality industry's need. Do you have any questions that I may answer? Mr. Weiner: Any questions. Thank you, sir. Mr. Rumakers: Thank you. Appreciate your time. Ms. Sandloop: No more speakers. Mr. Weiner: Mr. Bourdon. Mr. Bourdon: I appreciate the folks who came down; I think they actually helped make my case for me. The circumstances are that this property has been yearly rental for which there are no restrictions. As with this application and what they're converting it to, and my clients recognize that it has not been because the property, there's plenty of room to park maneuver and get out but I don't know what those pictures show but I can imagine that with this you are limited at any point in time. You cannot have onsite for each unit onsite more than six people in the backyard, the front yard, in the house, six per unit total of 12 theoretically,if you have both units that are rented, that doesn't exist with the property that are not short term rentals, and there are lots of other provisions and all those 18 conditions,you know,no noise after 10 o'clock, etc, etc. So, the reality of it is, is this will be a far better circumstance, and the idea that it's going to be one hundred and some... that's not real, that won't ever happen. That's just what the ordinance says, but this will be a far better circumstance for this piece of property than the yearly rental that has existed, you know, rolled over, you know, different tenants over the course of the last, I think four years since my clients have found it meets all the criteria and the folks who live there will have the ability to contact immediately, our agent who's in-charge of this, and I will guarantee it'll be a better situation for them and the folks along here than has existed up until now. The other thing I'll point out too, there's a stoplight at 83rd Street. This is not at the intersection; the speed limit is 25 miles an hour. It is a tough curve. I totally concur with that analysis, but it is very heavily policed. And the most of the accidents take place because as people speeding, coming around that curve, either going to or coming from the beach on Shore Drive at 83rd Street; I am happy to answer any questions. Ms. Klein: The pictures that were provided about them, so one of them is about trash cans or the cars encroaching on the sidewalk is that from former long term tenant? Mr. Bourdon: That's exactly; this has never been used as Short term rental. It's never been a short term rental. There's currently yearly tenants there now, this is to get this approved so we can get out of that business or my clients can get out of that business and do it short term rental because we are 1,000% convinced it's gonna be a much better circumstance and situation and it truly, they won't be occupied in all likelihood, be nice, but I don't think they'll be occupied more than 50% of the time and of course of a 365 day year. But yeah,this situation will be addressed. We have management that I mean, they deal with it weekly, because they're on the internet, getting the contracts and doing that. So, I can't say it enough,and I'm not in any way degrading the concerns and what they've experienced. I can guarantee there'll be a better experience than what they've had. Ms. Klein: Thank you. Mr. Weiner: Thank you. George. Mr. Alcaraz: Parking? Mr. Bourdon: They meet the parking. Mr. Alcaraz: Just something to clean up, you've got parking 10 x 9, so that'd be 20 x 19? Mr. Tajan: It should be 9 x 18. Mr. Alcaraz: I just want to make sure it's shown on. Ms. Wilson: We noticed that error and we're gonna correct that on the slide. Thank you very much for that. Mr. Wall: Well,I guess,the dimensions on the actual spaces are correct,but on the right,that's a golf cart. Mr. Bourdon: Oh, the part on the right. Yeah, we didn't do that Mr. Alcaraz. We didn't do that. We did this. Mr. Alcaraz: No, it's all good. It's all good. Mr. Weiner: Anyone questions? Thank you. I will close it and open for discussion. Anybody? Mr. Horsley: I move we approve the application. Mr. Redmond: Second. Mr. Weiner: Motion and second. Ms. Cartwright: The vote is open. Ms. Sandloop: By recorded vote of 8-0, agenda items 37 and 38 have been approved. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling units addressed as 209 83'a Street,Units A &B,and the Short Term Rental use shall only occur in the principal structures. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building,housing,zoning, fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight(number of bedrooms multiplied by three) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental property may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30)minutes.Physical response to the site of the Short Term Rental is not required. 6. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site,except one(1), four(4) square foot sign,may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two(2)rental contracts during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00)underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3)individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present,carbon monoxide detectors shall be installed in each Short Term Rental. 1.----"- ----:-.-7:7--- ' _, , ___,_ ____ - . . . -,----- . ,....: ,m ------- - O. -: ee '1; 41111 Ilk li ViSTolov,:,, sfklitS • . ---- -..., :Iklk,_sItli:..W.IIII4\le.eltlt°i___:--:,. -\--\:- \:- III --.1W7... II. r,.17 pillOaaalE.111.v\ \ 841.1- 1 Sfill WI" It ., ---_-,-re ifet. li_A ------ti-J-__-_-- • , • 1f_rite-, __-- -- ---- e --- — __- __ __-----_ 14. 4 - - -..riMME 41. ------_ ,— -- ' 111111111111110141 \''' IIIII Ili .-_ 0 • -- '3, !6,011111, ' . 10l ii 1 1117', ' i'llee Ow .- ,_ . 0 ,, r, • 11 STATUS ,'111101'.• Approved 0 Denied 111111 _ __,,-,--:" 1000v, 0 Under Review Registered 104111r.I'.: '.„ • • ) :,------------- VR-5R(NE) TA _ 16th StCee . 17 CD ----------- \ . \ I � .---- \ \ ---- 0/ .. _.. 1 R-5R(NE) ..�,-_ 1 • I /'/ C" 1� i , R-5R(N E) \ _ ..._)--\'-----R-) 5R(NE) \ \ A .. '' ,.-----,, �---= c- \ \ , .. . ��� Site Property_Polygons Cynthia E. Fulmer-Carzo Wh_ Zoning 202 76th Street ti Parking Lot Drive Aisle i Building IllEC1==101111=Feet 0 510 20 30 40 50 60 I 1, -ij u-.�..,,,r 1 r il••-ti)`4 t 0 i5 Pi CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CYNTHIA E. FULMER-CARZO [Applicant] CHRISTOPHER G. CARZO ET UX., DEBORAH DARE [Owners] Conditional Use Permit (Short Term Rental) for the property located at 202 76th Street (GPIN 2419671078). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: June 23, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 4,250 square-foot lot zoned R-5R Residential Resort District (North End Overlay). The duplex on the property was constructed in 1988. The Short Term Rental will occupy the eastern 1 ,949 square foot unit of the duplex. City records indicate the dwelling has three bedrooms. The maximum occupancy for guests on- site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. • Considerations: This property is located at the oceanfront in the North End residential neighborhood. Two of the three required spaces for the Short Term Rental use are provided on-site on the existing driveway. A third space is proposed on the driveway but will be partially within the right-of-way. As the street pavement is approximately 32 feet from the property line, there is more than enough area for this third parking space without impeding pedestrian or vehicular movements. The Zoning Administrator reviewed this approach and found it to be acceptable. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. One letter of opposition was received from the North Virginia Beach Civic League which expressed concerns regarding parking in the right-of-way. • Recommendations: City Staff recommend approval of this request. At the March 11, 2020 public hearing, the Planning Commission passed a motion to recommend approval of this request by a vote of 7-1. 1. The following conditions shall only apply to the dwelling unit addressed as 202 76th Street and the Short Term Rental use shall only occur in the principal structure. Cynthia E. Fulmer-Carzo Page 2 of 3 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Cynthia E. Fulmer-Carzo Page 3 of 3 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11 .No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Kr) 7 City Manager: Tom, Applicant: Cynthia E. Fulmer-Carzo Agenda Item Property Owners: Christopher G. Carzo et ux., Deborah Dare 4411V/� Public Hearing: March 11, 2020 42 City Council Election District: Lynnhaven Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner 111111 Jonathan Sanders Location 202 76th Street GPIN • 2419671078 0 Site Size 4,250 square feet Existing Land Use and Zoning District Duplex/ R-5R Residential (North End Overlay) ,--\ Surrounding Land Uses and Zoning Districts North 76th Street Duplex/ R-5R Residential (North End Overlay) r South Single-family dwellings/ R-5R Residential (North ' End Overlay) -- r, ,. East ., Single-family dwellings/ R-5R Residential (North 1 '. I. ; t , }Y End Overlay) 4 k 1. e Iti West ! i 3 t. Single-family dwelling/ R-5R Residential (North =4 W x End Overlay) k let N.. 4* - - - _ :r.i (+yam f 'S , -, , ... ,- -_, .# ...._ _ 4 , ,_ __ , . .. :.,.....„, Cynthia E. Fulmer-Carzo Agenda Item 42 Page 1 Background & Summary of Proposal Site Conditions and History • This 4,250 square foot lot is zoned R-5R Residential Resort District, North End Overlay. The property has a duplex that was constructed in 1988. The garage is only approximately 120 square feet and cannot be used for parking an average size vehicle. • The request for a Conditional Use Permit for a Short Term Rental will occupy the eastern 1,949 square foot unit of the duplex. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • There are no code violations or City Council actions found on this property. Short Term Rentals in the Vicinity hilt t•' • • age • Ott 11 Bey 0 --oposta row 1, re= i1oss1'110 loyortree gaigrt----.01 r iis ♦w..i� tf Qet STATUS rAl tØØOØ o Approvetl i • ,'� Denied 1treet A.i O Under Review VAL21" O Registered * \ V 6" Summary of Proposal The applicant submitted a Conditional Use Permit request for a three-bedroom Short Term Rental at 202 76th Street. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 Cynthia E. Fulmer-Carzo Agenda Item 42 Page 2 • Number of parking spaces provided: 3, 2 on-site and 1 partially within the right-of-way s '�+ R 5R(NEI R.5 (NE), I ___\______ ___ 7eo sheet R-5R(NEf Zoning History - \ �;°*`r' ,\.` # Request .v ;/. -3R(NE) , 1 SVR(Two single-family lots)Approved 09/28/2004 • i5ns+, i I RSR(NEI i --11...__--,, 7-0?ii"rr ,r*VA- .\ i st Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant is requesting to operate a three-bedroom Short Term Rental within the existing 1,949 square foot unit of a duplex located in the North End. Two on-site parking spaces are easily accommodated on the property. A third space, which is completely on their driveway, is partially on-site and partially within the right-of-way. The right-of-way is 80 feet wide, 30 feet wider than a typical public street. As the street pavement is approximately 32 feet from the property line, as shown on page seven of this report, additional storage exists in the long driveway for at least one additional vehicle to park, albeit entirely within the right-of-way. The Zoning Administrator has reviewed this parking plan and found it to be acceptable as the parking space extending into the right-of-way is not in the paved portion of 76th Street. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 202 76th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. Cynthia E. Fulmer-Carzo Agenda Item 42 Page 3 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site,except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Cynthia E. Fulmer-Carzo Agenda Item 42 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 7, 2020 and June 14, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 8, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 19, 2020. Cynthia E. Fulmer-Carzo Agenda Item 42 Page 5 Site Layout & Parking Plan 76th Street N (M/d ,09) ihell S 1,19t 3111. .3a / Td1 7 , 1 � Old 0 9l 0 101 Parking 7rA " 'A 7-I23 3 ,iriAr It.t , OF .:� 011,11°1 # •4, ••.. :::: , irm . .•. c. - . .. , , ..::; u, ft Ar r, „; .:, /// Bed;o: Duplex 1 r A Unit .4,4r4 v 1 ��I x330 OOQM # ,.. . )3did ` ,oc WI ooc ,L Cynthia E. Fulmer-Carzo Agenda Item 42 Page 6 Parking Plan Aerial di ent tek tva St vero e ro "lo A" 32 feet from property line to 76th Street pavement I ill WI yip $ par"' n iiWpt lip .., . hoe _..„..A. A , 1 ,, .:. ..,... ,....... _ ,, , ..•11. •• 1‘ . - a •tr • . t • . , <,.. '*-N moo . Cynthia E. Fulmer-Carzo Agenda Item 42 Page 7 Site Photos its;* Mr. { y .W.it 47.•. - - 34 • .. so . . 4.1. - . .._„:„_„, 1, __ . .: -.•-k.,,,....„:„ ,:, ..f.,_ , _ . • ,. .. .•_.. ,...,. Att.. ,_,...t.,. ._,,,,_,ki 4 —- ---• - - 7-4--',.. ___.._.,...!•-• $.1.i. 7 e � ' .,aim L ,. riiii iU a I r~ r sy' ya �` x Sr n > J� ' x = „.-- •.=.F, „- •• '�. - Y -fib *k. - I. .. Y. \`. '.g}ice- +i Y •.1 i�' {r' Fs ' ; _wA sr� _ s 1, !k ; NIS MMus : q r - y 4 = I, J a�: '- �t �I - k; Cynthia E. Fulmer-Carzo Agenda Item 42 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Cynthia E. Fulmer-Carzo 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 Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness f Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 ❑. I'I'LILANI NOT IF ILL)OF HEARING NO CHANGES AS Of +: /'0/20 \. `1 004(S. ) S[t(1Qtrss REVISIONS SUBMITTED Cynthia E. Fulmer-Carzo Agenda Item 42 Page 9 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 ♦ SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. k Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. EiCheck 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 Cynthia E. Fulmer-Carzo Agenda Item 42 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship'' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 "Affiliated business entityrelationship- means a relationshi other than p p, parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. 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 Cynthia E. Fulmer-Carzo Agenda Item 42 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ', ❑ Accounting and/or preparer of Gregg Stein,CPA your tax return ❑ Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed • rpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) IXConstruction Contractors • ® Engineers/Surveyors/Agents Financing (include current SunTrust Bank • ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / n �( Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Cynthia E. Fulmer-Carzo Agenda Item 42 Page 12 Disclosure Statement cern y t at a o t e in ormation containe. in t is isc osure tatement orm is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 1-A44 GGc Grrcc, L ,r Gyuf +,,t e. F1/i114ei- -0A-4z1) APd(ICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Cynthia E. Fulmer-Carzo Agenda Item 42 Page 13 Disclosure Statement V13 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® (� Accounting and/or preparer of Gregg Stein,CPA ll �� your tax return ZArchitect/ Landscape Architect/ u Land Planner ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • zConstruction Contractors • zEngineers/Surveyors/Agents Financing (include current SunTrust Bank • C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers / 1-1f z Agents/Realtors for current and l anticipated future sales of the subject property e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? • If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Cynthia E. Fulmer-Carzo Agenda Item 42 Page 14 Disclosure Statement 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 AppJiica1ipn. P{u,rt Co c AiPLo y,JWI,,9 c Fi,i. '.- Cait=e lot/rtfrOil PRO RTY OWNER'S SIGNATURE PRINT NAME DA 1 Page 7 of 7 Cynthia E. Fulmer-Carzo Agenda Item 42 Page 15 Disclosure Statement Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC,list all member's names: If a CORPORATION,list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from_Applicant. [7 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:T_ '"`"4If an an LLC,list the member's names: Page 2 of 7 Cynthia E. Fulmer-Carzo Agenda Item 42 Page 16 Disclosure Statement • \13 OWNER Virginia Beach YES NO r SERVICE PROVIDER(use additional sheets if needed) n f-- __ -®■ Accounting and/or preparer of f � I your tax return UArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed [7 ( I purchaser of the subject property I 1 l I (identify purchaser(s)and purchaser's service providers) Construction Contractors . Engineers/Surveyors/Agents Financing(include current l l C3 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ 7 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have r-y an interest in the subject land or any proposed development J 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 Cynthia E. Fulmer-Carzo Agenda Item 42 Page 17 Disclosure Statement 'NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this I Application. ' ,6 PROPERTY OWNER'S TfA ^t TE ` Page 7 of 7 Cynthia E. Fulmer-Carzo Agenda Item 42 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Cynthia E. Fulmer-Carzo Agenda Item 42 Page 19 Item#42 Cynthia Fulmer-Carzo Conditional Use Permit(Short Term Rental) 202 76th Street March 11,2020 RECOMMEND FOR APPROVAL Ms. Sandloop:Our next agenda item is number 42. Cynthia E. Fulmer-Carzo, an application for a Conditional Use Permit for Short Term Rental on property located at 202 76th Street located in the Lynnhaven District. Mr. Weiner: Hi, welcome. Ms. Fulmer-Carzo: I think I'm in trouble. Well, I'm asking for a short term rental. I don't understand. Well, I didn't understand the right-of-ways because my driveway measures 67 feet to the road and so we have four cars,we parked there all the time. Now that I asked it, last two years, I did short term rentals just in the summertime. When I advertise it on Airbnb, I only advertise it for six people because I just don't want a lot of volume there. And I mostly had just maybe four or five at the most and I only rent it in the like I said in the summertime like six weeks, July and August. When the new laws went into effect, I had actually used a realtor, Hannah Howard that did it in 2017 and it like missed by a week or I would have been grandfathered. So I had to go through this whole process and I measured the street this morning, actually where the street if you went up to where I guess that long line is and I think the street is, it measures 19 feet. So I kind of stood in there and took 40 feet back to see where my property line was and it kind of looks like I'm there or I maybe within a couple of inches of that one like I said,when I have friends come over my sister or anything, we park in there, we get six cars in there without getting into the street,but apparently the street has a large right-of-way. Now,when I was hearing some of the other things, I never thought of it, but there was one application where they turned the, like, if you took one parking spot and just turned it this way, where it wouldn't be 18, it would be 9, I could do that. It just would never make sense to me to think to do that,but apparently that is permitted. Mr. Weiner: Any questions? George. Mr. Alcaraz: You have a garage door, so you don't have a garage? Ms. Fulmer-Carzo: I do,but it's not 18 feet long, you know, so I could open it up and I can put my daughter's little car in there, you know, but it's not 18 feet, so. But I can turn the one parking lot this way and then over here, can I point something out? In the middle there next to where it says two,you know that long strip that is all stone that is not grass,you know,what I mean? It's just landscaping stone. I know sometimes they say you can have pavers and different things and then to the left, I mean to the right of three, that whole area there is dirt. So, I mean, we could put in, you know, surface like that down. But I think the easiest way to make it conform is to just to turn the one parking space to this way, instead of this way because I'm apparently with the 40-foot right-of-way, I'm still out like a foot. Mr. Weiner: Robyn, any question? Ms. Klein: Is that something that we could approve pending that condition? Mr. Tajan: What condition would you be? Ms. Klein: So she's talking about changing her parking to meet the right-of-way requirements. Could we approve the request pending that condition is met? Mr. Tajan: Without staff having reviewed the alternative parking, I don't know if the zoning administrator could say he would approve that alternative parking for your consideration? Ms. Klein: So we would defer. Mr. Redmond:She has got to come back. Mr. Alcaraz: Isn't it recommended for approval? Mr. Smith: Parallel parking is actually requires 22 feet rather than 18 feet because you have to be able to maneuver to parallel park and I don't know that you have that. Ms. Fulmer-Carzo: Well, that's why I said if there's five feet in the middle where the trees are, and then there's another three that could be mainly with the pavers in, or we could accommodate it. Ms. Smith: But in our view,this makes sense. This is a much more aesthetically pleasing. I'm talking to the Commissioner, I'm sorry. I mean, we could prove to you that she could possibly fit it doing parallel but I think from a practical standpoint,this makes more sense. That's just my opinion. Ms. Fulmer-Carzo: I mean, do you see like, it's 32, I mean, we really have a long drive way. And like I said, when we advertise for Airbnb, we're only advertising a total of six people we're not, we don't want more people. Mr. Weiner: Does anybody have any more questions for her, do you have a question for her? Mr. Wall: How long is the garage? Was that measured? Ms. Fulmer-Carzo: It's about, no it's short because they put shelves in, and it's about 12 to 13 feet. It's not 18, I can get my little, my daughter's little car in there but I have a small SUV, it's about 15 feet, it would hang out a little bit unless I kept the garage door open. So I do have additional space in there but,you know,how they counted. Mr. Weiner: No more questions, we're gonna close it and open it up for discussion. John. Mr. Coston: Doesn't she still have right to use that right-of-way to get to her house though? I mean, it kind of make almost no sense because she's got to have driveway to get to the house. So why couldn't we count it? Mr. Alcaraz: Well, I'm not going to answer; I'm just going to tell you my viewpoint. The City Council adopts this and it says the parking space has to be off-street. It's not off- street, it's the right-of-way. Off street is right-of-way. It's another way of saying it. Mr. Coston: Okay. Mr. Weiner: So she's on street with a third parking space. Mr. Tajan: To clarify, as staff has been interpreting the way the words were written, we made a clear distinction between street versus right-of-way. That's why you're seeing us with recommendation of approval for these because it's not on the street,but it is in the right-of-way if that makes sense. I'm just making. Mr. Alcaraz: You just want to hit a home run on that. Mr. Alcaraz: So you're saying off-street is not right-of-way. It means physically off the street. Mr. Tajan: That's how it's specifically worded in the ordinance. Mr. Alcaraz: Then I have been wrong all this time. Mr. Tajan: Because typically the ordinance wouldn't relay to it as being off street, right, so it would note that the parking has to be located on site, right,not going the other way around. So because of that distinction, staff has been reviewing it as off-street,but not in the right-of-way. But it could be in the right-of-way, so essentially saying don't block the road, don't block the road or the sidewalk, but it can be located as this there is 32 feet between the property line and the actual pavement, the room we've been, that's why we've been recommending approval for these alternative parking plans. Ms. Klein: With the previous one it was off that main street,but still in the right-of-way. Mr. Tajan: He was parked, one he had an alternative as was noted in the discussion, but two he's in an alley that is in the RPP program, which I think he's not permitted to park back there to be honest with you. And if he's not allowed to have the spaces in the RPP, so the residential parking permit program, we're not allowing people to obtain additional parking passes for guests. So he couldn't park in that area anyway. So he would be taken in. Mr. Klein: Okay. Mr. Weiner: I want to say something real quick. I mean, I think personally, we're kind to use this word,but we got to use little bit of common sense here. There's no reason why this shouldn't happen, yes it's parked in the right-of-way, but still, look at this distance she has to the road, uses her driveway all the time. So I think we have to look at each one on a case by case basis and I think we need to use a little bit common sense. Mr. Redmond. Mr. Redmond:I agree with you, but I also want to point out the idiotic nature of having that wide of a right-of-way. Is that street ever going to be eight lanes or something? I mean, it just doesn't seem to make any sense to me,that seems to me as part of the problem here is the right-of-way. Mr. Inman: And, you know, there's a lot of this in the north end. Mr. Redmond:And that's all over, well it is all over the place. But in any events, you know, these right-of-way designations have to make some sort of sense or pretty soon stops making sense and this is one of them, but I do agree with you this is I mean, you can't stare at an elephant call it something else, there's no reason in the world why that doesn't need a parking requirement. It's not going to impede anything. It's not going to get on the road. It's not going to cause anybody to get harmed in any way. So I would agree with you. Mr. Weiner: Do we have a motion? Mr. Redmond:Mr. Chairman, I move approval of the application. Ms. Klein: I will second. Mr. Weiner: We have a second, motion the second. Ms. Cartwright: The vote is open. Ms. Sandloop: By vote of 7-1, agenda item number 42 has been approved. AYE 7 NAY 1 ABS 0 ABSENT 3 Alcaraz NAY Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 202 76th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1), four (4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. _\. , --- , ---________12L_A___ __;___ , \ _„.•., matAaH iapun (--) 01 • ,, --_.____\ , i \I-v___ , ,, li___ v,--- .).,. ' � a e 1 aa i -, paivao 0 r 1' pa nolddd , . \.____-----\ ___.3._ _____- _-_=-_-_-_:_.--- S fll b'1 S • \ , , 1 ' - � -- - v. - as LAB sot4 ' , \ ,, , .. , , '‘, .1.---AjA ..vc, toy _ - __ , .v y�'''� ,;t''p; � 0 ,_ , \ Ai \ .„. ,1 . 00 r, , ea , „._______ , , , , - A , , ,„, , ,______-_-„__,, ,„ „. 1 1 __ , .,,,_ ss , ',,,,________1A:_,,,r,_\_ s v \ �4, \Al_. „---„z : . � �'i ti t -cf. -4 1 1 'i t 1 R-5R(N E) gth s eet r ESI., SA?.,„;,....- r t N or \--Th ‘,\ \ \\ \:\ ,.\,,:_c\ ‘,i.-----\\ R-5R(NE) Li \---- \ ------\51'----\\ r 1 \� R_5R(NE) 1 \ \-------\\ ,---- \ \ '*,--r j l\ -,, 1 \\____3\ --\ yV 4 l =Suite 7 4 Site Stephanie N. Failla - Dune Okay, LLC " �� E Property_Polygons 216 69th Street, Unit B Zoning Parking Lot Drive Aisle 1. Feet Building 012.525 50 75 100 125 150 f ^NIA6.Fj�l • i7 4- j. = si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEPHANIE FAILLA [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 216 69th Street (GPIN 24196447822216 ). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: June 23, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 7,394 square foot lot located within the R-5R (NE) Residential District in the North End Overlay District. One duplex dwelling is located on the site. City records indicate that the building was constructed in 1979. The Short Term Rental application is for the three-bedroom unit in the rear of the duplex (Unit B). The maximum number of guests permitted on the property after 11 :00 p.m. is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. • Considerations: The applicant has submitted a parking plan that shows five parking spaces within the public right-of-way of 69th Street that are all located within the driveway of the site. None of the spaces impede the flow of pedestrians or vehicles. There is approximately 25 feet of right-of-way between the property line and the edge of pavement, more than 18 feet which is the minimum length of a standard parking space. As permitted by Section 241.2 of the Zoning Ordinance, the Zoning Administrator has reviewed the parking plan and deemed it acceptable. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this application. ■ Recommendations: At the March 11, 2020 public hearing, the Planning Commission passed a motion to recommend approval of this request by a vote of 6-2. 1 . The following conditions shall only apply to the dwelling unit addressed as 216 69th Street, Unit B and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Stephanie Failla Page 2 of 3 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Stephanie Faille Page 3 of 3 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Ty) City Manager: , �, , NIApplicant: Stephanie N. Failla - Dune Okay Agenda Item Property Owner: Stephanie Failla I Public Hearing: March 11, 2020 City Council Election District: Lynnhaven 49 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner IIIIga Antionette Fowlkes 11111 Location 216 69th Street, Unit BIII GPIN 24196447822216 Site Size 7,394 square feet Existing Land Use and Zoning District Duplex dwelling / R-5R Residential (NE Overlay) Surrounding Land Uses and Zoning Districts North v 69th Street _ ` . Duplex dwellings/ R-5R Residential (NE Overlay) - b ill _ South 68th Street it . ,., .- . Single-family dwellings/ R 5R Residential (NE -.- Overlay) ._ ".,F East illik:r_,_ _ ;1' lt IS Single-family dwelling/ R-5R Residential (NE Overlay) West Ali. Duplex dwelling/ R-5R Residential (NE Overlay) 4 • -•, c I , M Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 1 Background & Summary of Proposal Site Conditions and History • The property is approximately 7,394 square feet, located within the R5R residential District North End Overlay. • One duplex dwelling is located on the site. City records indicate that the building was constructed in 1979. • Staff inspected the site on January 10, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • No records of zoning violations or previous City Council actions were found for this property. Short Term Rentals in the Vicinity �j tee ��,W VW- 10 2ns , 0 1 ice, . 5 tees 11_ gee rr*Stria 00' Kill WI kg ee i fir mg An, !n. ->. 1 ti :0 a .f t IOW& STATUS _ �1•l�, '��' ��it 1 • eet 1111: C Appraed .�11��� l$ • Denied ��1111• O Under Review ,'1,1 S ii1'11 Q Registered 0 Oil Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for the duplex dwelling located on the subject site.The use permit is for only one of the duplex dwellings. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 0* Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 2 *All three parking spaces for the Short Term Rental are located within the driveway that is in the public right-of-way as shown on page 6 of this report. _R 5RfNEI 1 \ ..-- bytbs � iitiZoning History L # Request In t '% 1 NON (Addition to a nonconforming home) Pending Public iiii�`/j ■ l 111\ Hearing P-1 Itd.i 2 NON (Enlargement of a nonconformity)Approved 11/18/2014 2—\\ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located in the North End neighborhood of Virginia Beach, which is home to a mixture of single family homes and duplexes. The site is located two blocks (approximately 1,000 feet) from access to public beaches. The submitted parking plan shows that the parking for the existing dwelling is located within the public right-of-way of 69th Street. Although the approximately twenty-five (25) feet of unfinished right-of-way between the property line and edge of pavement are used by the unit, this parking area is permitted by the Zoning Administrator to be used to accommodate Short Term Rental. Three off-street parking spaces are required. The applicant is planning to meet the three parking space requirements by providing two stacked parking spaces in the driveway and a third parallel to the two stacked parking spaces. As permitted by Section 241.2 of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can be reasonably met by the applicant. Based on the considerations above, staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 216 69th Street, Unit B and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 3 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 4 Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • Seven letters of support have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays,June 7, 2020 and June 14, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 8, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 19, 2020. Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 5 Site Layout & Parking Plan PLAT=5O.O0' F/ELD=5O.64' 1 -4 VARIAB4 E HEIGHT WOOD FENCE LOT /7 I I. i I £HD STORY I 1 WOOD DECK fP4'p 1 —I '•8'fN c • f3.9' PO'IN v N NIT BP e II or coi`'3Tt34PY — .4'9V 1 O FRAMED 1 } 072f6 3 o v1 fAC h w0 O 11 ' ^1JNIT A ;, ,, ti ... „e, -1 ,j ,4,8- )IK io 1,--�/ ,1 7.7' Q / 1 1fff ' j �r A ~ � 4. a' 0 , I 25' B B F.. PAVEMENT OF e *TH STREET (80' R.O. . - Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 6 Site Photos " 44 , ... .,,-,...-1:7:14 ***...''' '. .".. : '' ..,, 4, .._ 7.....,.--'., At 7. 411 -:-., , ill 3 4' yem "' A:R-a ' ' * = -,� r E, in Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 7 Disclosure Statement w. Virginia Beach APPLICANT'S NAME c) ''f- N - C-co a DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 S. The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two i2)weeks pi for to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the appliiation(s) Q APPLICANT NOTIFIED OF HEARING DATE it NO CHANGES AS OF DATE. a1l IZG 0 e(- •1r 4 2— L Ci REVISIONS SUBMITTED DATE — h• r),w � Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 8 Disclosure Statement " 1113 Virginia Bcecb u Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 1<v3 _ __ w� ��+� Inc v ic.' LLC If an LLC, list all member's names: jeck,u,ie N . foul le1/4 C Sd If a CORPORATION,list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:__ iL / p 0 IL t LL C. If an LLC, list the member's names: Page 2 of 7 Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 9 Disclosure Statement Virginia Reach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly 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. • 0 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 Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO f SERVICE 1 PROVIDER(uaadditional sheets if 1 I ❑ r ' Accounting and/or preparer of t_J your tax return n EyArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers �_ Any other pending or proposed purchaser of the subject property LLL111 (identify purchaser(s)and purchaser's service providers) Construction Contractors nn Engineers/Surveyors/Agents +✓h R s i�,,rvto-ny�pj,Pt-- Financing(include current N6f I helot v,11A, ❑ _ mortgage holders and lenders selected or being considered to ku.-IGA¢r-I -lawt jo1�n E provide financing for acquisition or construction of the property) 111 Er Legal Services Real Estate Brokers / ar 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 Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 11 Disclosure Statement Virgini.,Beach 1 CERTIFICATION: 1 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 lot 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. APPLICANT'S SIGNATURE I• / PRINT NAM 4),r4,t,n„p N cq,l(F, DATE IZ • . Page 5 of 7 Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 12 Disclosure Statement OWNER Beach i YES NO I , SERVICE I I PROVIDER(use additional sheets a ❑ a Accounting and/or preparer of your tax return nArchitect/Landscape Architect/ Land Planner ❑ A Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I I 1 purchaser of the subject property (identify purchaser(s)and ,purchaser's service providers) ❑ �� Construction Contractors ❑ U Engineers/Surveyors/Agents Ti N. FatL 1.4.4 cvvve.,"5 Financing(include current ❑ mortgage holders and lenders Joh { selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / I I f ` Agents/Realtors for current and I ' L anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what Is the nature of the interest? Page 6 of 7 Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 13 Disclosure Statement 1A3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. j I understand that, upon receipt of notification that the application has been 1 scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA I meeting, or meeting of any public body or committee in connection with this Application. CPY tit t t C Zi, PROPERTY OWNER'S SIGNATURE PRINT NAME DATE f /311ao Page 7 of 7 Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Stephanie Failla - Dune Okay, LLC Agenda Item 49 Page 15 Item#49 Stephanie Failla—Dune Okay,LLC Conditional Use Permit(Short Term Rental) 216 69th Street Unit B March 11,2020 RECOMMEND FOR APPROVAL-HEARD Our next item of business is agenda item number 49 Stephanie N. Failla Dune Okay, LLC, an application for conditional use permit short term rental on property located at 216 69th Street unit B located in Lynnhaven District. Mr. Weiner: Welcome. Ms. Failla: Hello. I'm Stephanie Failla. It is my property; I bought the home so that my family can spend more time in Virginia Beach. I grew up here and spent the first 27 years of my life here. Now I'm in Richmond, just due to work circumstances but to subsidize our mortgage payment, we started doing short term rental and I've complied with all the taxes and ordinances since I've had the property and I believe that staff has recommended to approve since we comply with everything, we screen, we go through Airbnb and I screen all people that stay there, we have a six night minimum, I don't believe we've ever had more than two cars in the driveway, it is a three bedroom home and as you can see it's a pretty deep paved driveway and from where the street, where it appears the street is even further so. Mr. Weiner: Anybody have a question? Mr. Wall: Yes. Have you all ever lived here? Ms. Failla: In this home? Mr. Wall: Yes. Ms. Failla: Not as a primary residence,no. Mr. Wall: But you bought the home as a summertime home? Ms. Failla: As a summertime home yeah. Mr. Wall: Now you just want to use it for a short term rental? Ms. Failla: Well, we're here as often as we can be but to subsidize the mortgage, we do use short term rental, yes sir. Mr. Wall: And you had no idea at all even when you're parking,when you're bought the house, you had no idea at all that you're parking in an easement? Ms. Failla: No, I mean, it's exposed aggregate paved, right. And I think ours is one of the few paved driveways on the street. Everyone else has gravel and everyone parks in a similar fashion. Mr. Wall: Sure. Okay. Mr. Weiner: Any questions? No questions. we are going to talk about this one. And we'll close it and Any questions? No questions. We are going to talk about this one. And we'll close it and open up for comment amongst us, who wants to go first? Well, I mean,again we're in the same situation we were before,last couple and I understand [Crosstalk] few more extra spaces and I mean, it's no fault of hers but if we're gonna have this discussion now we need to tell staff, maybe we need to think about how to bring this to us in the future, Mr. Horsley you agree, do we need to tell the staff that how to bring it to us in the future, you know, what I mean. Mr. Horsley: We need to have an official policy that the parking can be in the city right-of-way if it's appropriate. I don't think that's fair, but if that's what we need, I think and then it would just put all the guess take all the guess work out of. Mr. Weiner: Yes, Ms. Wilson, please. Mr. Weiner: Mr. Kemp can do an official zoning determination. He will, of course, wait till after he sees what city council might do with these and then we'll move on. Mr. Weiner: Yes Robyn. Ms. Klein: Am I correct that there's technically no off street parking, okay. Mr. Weiner: All of the parking for the whole thing is an easement. Ms. Wilson: Yeah, Mr. Weiner: Anyone want to make a motion? Mr. Coston: Move we approve the application. Mr. Weiner: Do I have a second? Ms. Klein: I second. Mr. Weiner: We have motion and second. Ms. Cartwright: The vote is open. Ms. Sandloop: By vote of 6-2, agenda item number 49 has been approved. AYE 6 NAY 2 ABS 0 ABSENT 3 Alcaraz NAY Barnes ABSENT Coston AYE Graham ABSENT Horsley NAY Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 216 69th Street, Unit B and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00)underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present,carbon monoxide detectors shall be installed in each Short Term Rental. ' _i--1---1-"-- \ 111.1) 40 ... S --s------1.._ -''t.teVi-, --,-17:7, tip .______77,,„_,;__ , Isla, vk_\ .0 ),- is \-- ,s, . ‘ ' . i. _-:-..-.- ___------ si. 0 a" 1/2 ' _ ths. .,!......__.„----2-,-- _ iv ev:Th• ' \ I '1_._ . 4 ••'"'"''''' '1' \ ..., I 1 # 10' '. 5 - - V—. \ _.\,,,k;,,,,,,..ai-ith - t•PP' .. ‘ \ \ \ , ‘ \ s —7:---j4' 4,1 \ \ , s„,........ tee Iiir\- it, \ \ ,. . \ . 1 0 _ ----\ reti. 1 ,,. ., „ . ___, , , . , 1 „,,,...----- 11?s,_._----- \ , sia ' \ \ - ‘'.------k. 'Aree_ C)r- \ I • h ....---- - 1,. __ is, it --__!,-•_-:-..-.------ c.v- aii.. , ,, s , \ \ , . - s,,, . r 41k Sttee - ' - I v" ,.1..---r, cr \ ,----..------_-_-.1-_-_v _____- ' \ \ . 11 , \ -., s s, \ _,,,_•,,, __%_,..J,--- ., STATUS \ is iiiiii i \ -_,-,,. „ \ v% , -----,- , . . .. Approved • - s-. .„---,,, , , \ __-... .::=7--------- ....-.--.-1, \ i ..J \ - .. . • Denied \\ , n Under Review 5,0,1'• stlee ---- -- ',, t,...._ (--- , Registered .. \ .. , _ G. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD I V. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/16/2020 PAGE: I B AGENDA E ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMOOL W 0 O C Y L NOUWS 0 T SPECIALT H E E E S S E O O E SESSION T I R Y S S ERNDN I1-0 Y Y Y Y Y Y Y YYYY CERTIFICATION OF CLOSED SESSION CERTIFIED Resolution to APPOINT Patrick Duhaney as ADOPTED I1-0 Y Y Y Y Y Y Y Y Y Y Y City Manager Ordinance to APPROVE an employment ADOPTED 9-2 Y Y YNYN Y YYYY contract re City Manager ADJOURNMENT 1:31 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/16/2020 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L H W W B U E J R T I 0 B C DNOMOOL W 0 O C Y L NOUWS O T T HE E E S S E O O E T I R Y S SERNDN CITY MANAGER'S BRIEFINGS A. COVID UPDATE—RE-OPENING PLANS Cynthia Whitbred- FOR FORWARD VIRGINIA—PHASE Spanoulis,Director— Virginia Aquarium Eva Poole,Director— Libraries Michael Kirschman, Director—Parks and Recreation B. CARES ACT Alice Kelly,Director —Finance Kevin Kielbasa, Principal Accountant —Finance IV. 11-0 Y Y Y Y Y Y Y Y Y Y Y E. CERTIFICATION OF CLOSED SESSION CERTIFIED June 3,2020 June 4,2020 June 13,2020 June 16,2020 F. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y May 19,2020 H.I. Resolution to SUPPORT of the City's 2020 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Project Applications to the Virginia CONSENT Department of Transportation's(VDOT) SMART SCALE Program H.2. Resolution to SUPPORT the re-organization ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y and merger of the Greater Peninsula Workforce CONSENT Board and Hampton Roads Workforce Council re create a single Local Workforce Development Area(LWDA) H.3. Ordinance to ADOPT the 2020 Housing ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Choice Voucher Five Year Plan and CONSENT Administrative Plan and to AUTHORIZE the City Manager to EXECUTE and SUBMIT the plans to the U.S.Department of Housing and Urban Development(HUD) H.4. Resolution to AUTHORIZE the City to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONTINUE participation in the Department CONSENT of Criminal Justice Services'(DCJS)Certified Crime Prevention Community Program H.5. Ordinance to AUTHORIZE and DIRECT the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y City Manager to EXECUTE a Police Mutual CONSENT Aid Agreement with the City and surrounding localities H.6. Resolution to AMEND the Cost Allocation ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreement between the City,Chesapeake, CONSENT Hampton,Newport News,Norfolk,Portsmouth and the Transportation District Commission of Hampton Roads CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/16/2020 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T 1 0 B C D N OMO 0 L W 0 O C Y L NOUWS 0 T THEE ES S E O O E T I R Y S S ERNDN H.7. Resolution to SET aspirational goals in City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y contracts re participation at 13.3%for CONSENT women-owned businesses and 11.9%for service-disabled veteran-owned businesses H.B. Ordinance to DIRECT the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y undertake a local certification of small CONSENT businesses and AMEND City Code Section 2- 224.1 re definition of SWaM certified small business H.9. Ordinances to ADD City Code Sections: ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. Section 2-224.14 re enacting a Project Goals Program to review City construction contracts over$5-Million to determine requirements for minority-business subcontracting b. Section 2-224.12 and 2-224.13 re pursue a sheltered bidding initiative wherein under certain contract sizes eligible bidders are restricted to Small,Women,and Minority (SWaM)certified small businesses c. Section 2-224.15 re enact an enhanced subcontracting program to identify all proposed solicitations where subcontracting will be required H.10. Ordinance to AMEND City Code Section 1- DEFERRED, 11-0 Y Y Y Y Y Y Y Y Y Y Y 12.2 re increase courthouse security fee INDEFINITELY imposed upon persons convicted of criminal or traffic offenses (Requested by Sheriff Stolle) H.11. Ordinance to APPOINT three(3)viewers for ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y one-year terms beginning July 1,2020 re view CONSENT each street or alley proposed to be closed H.12. Ordinances to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City property CONSENT known as: a. Harbor Canal located at the rear of 2309 Leeward Shore Drive re maintain an existing bulkhead and pier and construct and maintain a floating dock b. North Kings Road located adjacent to 2804 North Kings Road re maintain existing block wall c. Atlantic Boulevard located adjected to 2613 Atlantic Avenue re construct and maintain five(5)concrete slab balconies CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/16/2020 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMOOL W 0 O C Y L NOUWS 0 T T HE E E S S E 0 0 E T I R Y S S ERNDN H.13. Ordinances to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT a. $98,000 from What Works Cities to FY2019- 20 Economic Development Operating Budget re early childhood language development program b. $633,145 to FY2019-20 Housing and Neighborhood Preservation Operating Budget re support on-going departmental mission and response to the COVID-19 pandemic H.14. Ordinance to TRANSFER$475,000 from ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Tourism Investment Program(TIP)Fund CONSENT Reserve to FY2019-20 Convention and Visitors Bureau Operating Budget re payment of beach ambassador expenses H.15. Resolution to ADOPT the Public Works ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Design Standards Manual as a replacement for the Specifications and Standards Manual of the Department of Public Works H.16. Ordinances to CONFORM to the provisions of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y the Public Works Design Standards Manual: a. Sections 1-1,1-3,1-5, 1-6, 1-7, 1-13,1-14, 1- 15, 1-20, 1-23,1-24, 1-25, 1-26, 1-30, 1-35, and 1-37 of the Stormwater Management Ordinance(Appendix D) b. Section 6.3 of the Floodplain Ordinance (Appendix K) c. Section 23-58 of the City Code d. Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance(Appendix F) 1.1. DANNY K.&PATRICIA S.MARTIN, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y BRYAN&ARLEEN MARTIN,and PROFFERED,BY ROBERT&NATALIE FAISON for a CONSENT Conditional Change of Zoning from B-2 Community Business District to Conditional R- 5R Residential Resort District re demolish existing single-family dwelling and construct three-story duplex at 3705 Surry Road DISTRICT 4—BAYSIDE 1.2. SPENCE CROSSING PROPERTIES,LLC APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Conditional Change of Zoning from PROFFERED/ Conditional B-4 Mixed Use District to MODIFIED,BY Conditional PD-H2 Planned Unit Development CONSENT re eliminate commercially zoned property and construct 224 residential units and Modification of Proffers at the Southwest corner of Princess Anne Road and South Independence Boulevard(Approved June 26, 2007)DISTRICT 1—CENTERVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/16/2020 PAGE: 4 B AGENDA ITEM ft SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B CDN OMOOL W 0 O C Y L NOUWS 0 T THEE E S S E O O E T I R Y S S ERNDN 1.3. GOLDPETAL FARMS,LLC/WAVE APPROVED/ 11-0 Y Y Y Y Y Y Y YYYY CHURCH for a Conditional Use Permit re CONDITIONED,BY recreation and amusement facility of an CONSENT outdoor nature at 2655 Seaboard Road DISTRICT 7—PRINCESS ANNE 1.4. JEFFREY FRANKLIN/GREGORY& WITHDRAWN,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y JEANNINE SIMON for a Conditional Use CONSENT Permit re commercial kennel at 1825 Indian River Road DISTRICT 7—PRINCESS ANNE 1.5. STEFANIE GUTHRIE/JACK P. APPROVED/ 11-0 Y Y Y YYY Y YYYY GUTHRIE,JR.for a Conditional Use Permit CONDITIONED,BY re residential kennel at 3541 Champlain Lane CONSENT DISTRICT 3—ROSE HALL 1.6. Ordinance to ADOPT and INCORPORATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y into the Virginia Beach Comprehensive Plan CONSENT the Virginia Beach Sea Level Wise Adaptation Strategy and AMEND Sections 1.1,1.2,2.2,and 2.3 1.7. Ordinances to CONFORM to the provisions of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y the Public Works Design Standards Manual: a. Sections 246 and 1501 of the City Zoning Ordinance(CZO)(Appendix A)and Section 6.26 of the Oceanfront Resort District Form- Based Code(Appendix 1) b. Sections 5.1-5.7,5.10,6.1,and 6.3 of the Subdivision Regulations(Appendix B) c. Sections 1.2,5.1 and 5.16 of the Site Plan Ordinance(Appendix C) NEW BUSINESS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y Reconsider the application of JUSTYCE SWANGO/JAAG INVESTMENTS,INC. for a Conditional Use Permit re short term rental at 521 Carolina Avenue DISTRICT 6— BEACH IV. ADJOURNMENT 7:17 PM