Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
JUNE 9, 2020 WORKSHOP AND SPECIAL SESSION MINUTES
�.IIA B� 0� ' r'A Uo o it 4 �94 ego` S�� OUN NP1p11`' VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia June 9, 2020 Mayor Robert M.Dyer called to order the CITY COUNCILS BRIEFINGS in the City Council Chamber, Tuesday,June 9, 2020, at 1:30 P.M. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Rosemary Wilson —Arrived at 1:52 P.M. 2 CITY MANAGER'S BRIEFINGS COVID-19 UPDATE 1:30 P.M. Mayor Dyer welcomed Dr. Demetria Lindsay, Director — Virginia Beach Health Department and Erin Sutton, Director—Emergency Communications. Dr. Lindsay expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Dr.Lindsay and Ms. Sutton for the presentation. June 9, 2020 Virginia Beach DEPARTMENT OF Public Health COVID = 19 C e m m 0 m in Virgini Be h J U N E .08.2020 Demographic Characteristics of Cases la Virginia Beach " w DEPARTMENT OF Public Health COVID-19 Cases by Age & Sex 17% r ° ° The Number of COVID-19 Cases 15/° 15'° 14% 120 1 ao through 06/08/2020 in Virginia Beach 100 is 790 cases. 61% sa% ° 10°'° c so so r° 43% 53% 7% 67% Their mean (Standard Deviation(SD)) E 6o s°'° age is 48 (21.7) years old. Z ao as r°' 50% 20 About two thirds of the Cases "'o`. 0 aged between 20-60 ears old. >20 20-29 30-39 40-49 50-59 60-69 70-79 80+ a g ( ) y Female 22 58 73 68 60 57 29 51 Male 23 77 46 58 58 51 29 24 Total 46 136 119 127 119 108 58 76 Source: VEDSS Data Demographic Characteristics of Cases la Virginia I1cach aNiMENT OF Public Health Sex distribution of the cases Cases by Sex compared to sex distrbution in the Population 49% Male 47% Of 790 cases, 418 (53%)are females and 368 (47%)are males. 51% Males mean (SD) of age: 46 (21.4) years old Female 53% Female mean (SD) of age: 49 (21.6) years o°r 20°� ao" so°io aQ°% g00% old. population cases Female=418 Male=368 Source: VEDSS Data Demographic Characteristics of Cases la Virginia Beach OERARiMENT 0f Public Health Cases by Race Race Distribution of Hospitalized Cases 5/o Asian=41 Unknown 3% BlacklAfrican Other Races 5% American=187 24 White 58% 50 White=392 Black or African 23% Other Races=36 American Asian 11% UnknownlMissing=134 0 20 40 60 80 50% .:r Hospitalization •F Virginia Beach DEPARTMENT Or Public Health Case Identification Cases Status 800 87% 10% 700 600 H N R 500 U 0 400 N E 300 Z 200 13% 100 0 NOW 90% Hospitalized ICU Deaths Not Hospitalized Confirmed=705 Probable=85 Overall Case Fatality is 3% Source: VEDSS Data Hospitalization Virginia Beach -•I�„ DEPARTMENT OF Public Health Ethinicity Distribution of Hospitalized Cases Race Distribution of Hospitalized Not Cases HispaniclLati 88% Unknown 3% no Other Races 5% HispaniclLati 6% 58% no White Black or African 23% 0 20 40 60 80 100 American Asian 11% Age Distribution of Hospitalized Cases o zo ao so so <20 Sex Distribution of Hospitalized Cases 20.29 2% 30-39 9% w 40-49 17% Male 54% CL :3 50-59 13% 0 L 60-69 14% m Q 70-79 24% Female 46% 80+ Iry 22% 0 5 10 15 20 25 30 0 10 20 30 ao 50 60 Number of Hospitalized Cases Source: VEDSS Data ..1 Demographic Characteristics of Cases la Virginia Beach DEPARTMENT OFF Public Health Ethinicity Distrbitution in the cases compared to that in the Case by Ethinicity population ■ HispaniclLatino=67 Not HispaniclLatino=534 gyo� Missing=189 Not Hispanic/Latino 68% 'MR" 8% Hispanic/Latino 8% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Population „- Cases Data on ethnicity is not available for(24%)189 out of 790 Source: VEDSS Data Demographic Characteristics of Cases laVirginia Beach +; DEPARTMENT OF Public Health Cases by Ethinicity & Age Group <20 11% 53% 36% 20-29 9% .�...�. 60% 32% n 30-39 15% 61% 24% 0 C9 :'s"essme!" 40-49 9% 70% 21% Q 50-59 9% 21% 70% 60-69 5% 1 15% 70-79 3% 78% 19% 80+ 4% 67% 29% 0 20 40 60 80 100 120 140 Number of Cases HispaniclLatino Not Hispanic/Latino Missing Source: VEDSS Data Number of Cases AAI N N W W O U O U O U O L. 3110 N 3112 « ►�'' , 3114 s N 3116 3118 3120 3122 � N 3124 �+ � A 3126 �+ a> 3128 w 3130 0 00 0 N / co 411 � o O 413 � A � 415 M c N 417 cc 0 A 419 N CD 4111 N N Os cr 4113 • 1y A N 4115 w O cn Q- 4117 O 4119 o v m 4121 04123 A O A O 4125 o a 4127 A (D 0 4129 to O 511 CD w '� 513 CD w �• 515 cn517 � �„ �• N 519 M to, �• CD � ao (D 5113 M co _ 5115 A APHASE 1 =r cn 5117 � w 5119 N rn N ` 5121 0 to 5123 -4 n 5125 rD 00 5127 0 v 512s - N N 5131 W c> v 612 r* 614 616 • , �, = a 618 r . COVID-19 Cases Overtime based on the Date of Illness Onset in Virginia Beach la Virginia Beach 18 DEPARTMENT 0, Public Health 16 16 14 13 13 Illness that begins 12 71 12 ,2 12 during this time may N 10 1010 10 10 10 10 not yet be reported " 10 9 9 9 99 9 0 8 8 8 8 8 8 $ 7 7 7 77 7 7 7 7 77 z 6 6 6 6 6 6 5 5 5 5 5 5 5 5 55 5 5 55 4 4 4 4 4 4 4 4 4 4 3 3 3 33 3 3 3 333 3 22 2 122 2 1 1 1 M M 1[! 1� T r- M ti M N �D 00 O N t0 00 O N � tD 00 O N f0 O N �D OO O N <D OD O M lf1 1� N N N M W) N N N N_ N_ M_ tD c0 tD tD V ZlJ Y'i ll7 t2") Lf) Date of Illness Onset The epidemic curve above represents 536 (68%) of the cases in Virginia Beach. Source: VEDSS Data Epidemic curve of date of illness onset & date of creating the investigation in Virginia Beach Virginia Beach ' Date of Onset OEPARTMENT OF Public Health Date of Creating the Investigation 40 2 per.Mov.Avg.(Date of Onset) 2 per.Mov.Avg.(Date of Creating the Investigation) 35 30 N d N U 25 0 N 20 E Z 15 10 5 • x.a..�..R,, �,n��NIII�HtR��i���lliii��� � U�ii ���ih�iG��i�f�kg�tr� tiN 0 N tD 00 O N fD OD O N V tD OD O N tD 00 O N V tD qO O N V tD W O M N N N N N N M � � N N N N N _M �_ C �_ �_ N N N N N M_ M M M M M V V C 4 u—) to W) In fD to t0 w M M M M M M M M M M M V V V 7 V 4 '� R V V to to to iA In LO LO U') Ul) Date of Identifying the Case Source: VEDSS Data Daily and Cumulative Number of Cases based on Date of Report la Virginia Beach DE PAR TM EN' Of Public Health N 900 Cumulative Cases Daily Cases m ti m U 800 O 700 E Z 600 N 500 E U 400 300 200 100 0 a Z?S "?S N �s U5 � N N N N fV _5 � � � � N � � � � � Date of Report Source: VEDSS Data 1' Cumularive Number of Cases N W A Ln O) V a0 co O O O O O O O O O O O O O O O O O O O 3131 M W 41210rn W C 414 o W W A = 416 A �ro 7 9/O � N 00 tN N v O 4110 t N O 4112 3 4114 4116 �� o `" 1°° O 4118 cn } I„ a 40 v 4►22 co 3 C� 4124 � sy _ N 4126 ;� v N M s 4128 t.0 N �. 10 4130 a ^0 512 514 516 A V 518 5110 5112 _ 00 (D 51145/16 n " Rc � 5118 � � W n C 5120 a) 5122 At _ rn 5124 COW O m (D 5126 o O�t S 5128 _. w w 6 n o 00 5130 C 611 w /Q 613 rD 615 4 .. v a 617 � xT a D �� � Virginia Beach Virginia Beach Testing Encounters PCR Only Current 7-Day Positivity Rate PCR Only 171190 2.0 Number of Testing Encounters, Number of Positive Percent Positivity,7-Day Moving Average Tests, and Percent Positivity" by Lab Report Date - ■ Positive Results Virginia Beach, PCR Only E Number of Testing Encounters soo so.o°i -�� ao.o° 01) ,�ru? 1 � 0 _III "III I I II �IIIII��IIII�'�'�"��IIIIIII�III�� D.0°rb O O O O O O O O O O C O O O O O O O O O O C O O O C O O O O N N N N N N N N N N M1 N N N N N N N N N N N N N N N N N N N N ry N rv1 O 0 0 0 O O O O O O O O O O O O O O O O 0 0 O O O O O C Of^.. O C O O O O Number of Testing Encounters by Lab Report Date -Virginia Beach, PCR Only NumberofTesting Encounters 7-Day Moving Average Google Mobility Data for Virginia Beach Apr 17 through May 29, 2020 Virginia Beach Retail&recreation Grocery&pharmacy k-, —22% compared to baseline -3% compared to baseline +27% compared to baseline Basetiru Be:.eli� - 40% -40% - -801% .80% . Fn Apr 17 •',. _ FN.Ap,17 Fn,Msv6 Transit stations Workplaces Residential -32% compared to baseline -38% compared to baseline +17% compared to baseline *80% •80' .40% .401-:, 8asoline .. Base�ine 40•.. ` /„'i^/V v'✓ Vim" • AO% --+ �--� tI" -4O1% Bp°p'e l -80% r -80% F" AD,17 .. F..Apr 17 ,. Fm PA"29 F.,.Ap 17 Fn Mnv . Baseline calculated Jan 3-Feb 6, 2020 Hospital Capacity Models Based upon Projected Social Behaviors and Case Investigation Unmitigated Strong Rebound Light Rebound 8.OK Eastern v Eastern Eastern lu 4.OK- v 4.OK- a z v Z 6.OK- ^ Z m3.OK 3.OK a) CO m4.OK ° --- -- ----------------------- EL 2.OK Q 2.01K EL o V) = = 2.OK t -- ------- 1.OK _ = 1.OK i _..._ .._...._........... ..... 0.0 ---- --�� O.O Jular Apr May Jun Jul Aug Sep Mar Apr Mav lun lul Aua Sep Ma Apr P May Jun AugAu 9 Sep Full Rebound Strong Rebound Better Detection Light Rebound Better Detection Eastern Eastern Eastern v 4.OK - 4.OK va 4.OK- v v w v Z 3.OK Z 3.OK 3.OK v m ---------- j--- - m ------------------ CO -76 2.0K- ---- y 2.OK ° 2.OK a a V _. . __. . ...I .. ......... .... . .. ...... ... = 1.OK 0.0 ----- O.OMar Apr May Jun Jul TAug Sep 0.OMar Apr Jul Aug Sep Mar Apr May Jun Jul Aug Sep Community Testing May Long Term Care Facilities with active outbreaks Point Prevalence Survey ( PPS) at a long term care facility 1072 tests of residents and staff were negative Worked with Community Partners targeting specific communities within VB June PPS to be conducted at additional LTCFs by request of facility Upcoming Community testing events targeting Hispanic and Filipino communities Large scale Community testing open to all at Green Run High School For you. For them. For us. Powered by buoy Check your Find a test Get answers symptoms C�YIDCHECI� 14 3 CITY MANAGER'S BRIEFINGS PUBLIC SAFETY UPDATE 1:56 P.M. Mayor Dyer welcomed Steve Cover—Deputy City Manager and Interim Chief Anthony Zucaro,Jr.—Police Department. Mr. Cover expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. Cover and Chief Zucaro for the presentation. June 9, 2020 w-m. \ d\ *l_ \ 2 2 \ » [ c . . . Azo y *r \ Mw » ir �P: - � r row AMLAI MIL a ,- -- r ! *' :r• Y �r 42, - y ' or TIA �- s Now aw r- M' JL •ate '�! �,i'y .;•4�,. ....,.._.. - "� ck i --� �' 2• - • k 0000 " r Syr' F' '' - 1 _ � F 6 MEL il- Lim tl'T _ . Yr l0 a t NO STIM �._ Ho PEACE �rvATr L t Iv 4Y f� �- 4w - - r or x 4 �< t Ilk AW-1 ��`4 <' 1 I _ J • _ i f vow 7 - ti 1 !• � - may'. w a t `�7 ,. �jor L' 13newsnow.com yyyy J A g.3 a * � MY t Video courtesy of WVEC.co 4 CITY MANAGER'S BRIEFINGS HRT AMENDMENT TO COST ALL OCA TION A GREEMENT 2:21 P.M. Mayor Dyer welcomed Brian Solis,Assistant to the City Manager for Special Projects. Mr.Solis expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. Solis for the presentation. June 9, 2020 Hampton Roads Regional Transit Program and Fund Recordation Tax Resolution Briefing June 9, 2020 City Council Workshop Brian S. Solis, Assistant to the City Manager for Special Projects Background ■ Cost Allocation Agreement (CAA) — Hampton Roads Transit (HRT) formed in 1999, now 6 cities receive public transportation based on their chosen services ■ Recent General Assembly passed legislation creating Hampton Roads Transit Program to fund high-frequency transit service through all 6 cities ■ Revenue generated by the new legislation will be deposited into an account managed by Hampton Roads Transportation Accountability Commission (HRTAC). HRT is the intended beneficiary Background continued . .. ■ Redirected funding includes state redirecting recordation tax revenue for the transit program similar to Northern Virginia ■ Recordation tax revenue redirected effective 7/1/20 -$4.94M for 6 HRT system cities, including -$1.94M impact for Virginia Beach ■ Proposal to amend CAA to carry forward surplus FY 2019-20 resources into FY 2020-21 to provide each city with recordation tax Hampton Roads Regional Transit Program and Fund • =on Roads Regional Transit Program • = ' = • PACTS nd ("Fund") was established pursuant to Virginia Code § 33.2-2600.1 for purpose of CHANGE FROM CURRENT helping to provide a modern safe and 13 ROUTE / / CURRENT HRT REGIONAL efficient core network of transit services SYSTEM BACKBONE across the Hampton Roads region NO. OF ROUTES WITH 15-MIN WEEK- 6 13 DAY PEAK SERVICE • Fund provides financial support for development, maintenance improvement, POPULATION 181.000 a87.000 and operation of a core and connected SERVED 169/o increase regional network of transit routes and related infrastructure, rolling stock, and support JOBS SERVED 137,500 % facilities, to include the operation of a ,27o increase regional system of interjurisdictional, high- frequency bus service AREA IN WALKING 41 sq miles 115 sq miles DISTANCE 180% increase 4 • y Ivq ' Regional Backbone \1 �B FLC 3 E■u a` d M L3Sk,�W V�Route • Route I �°.... °...■■.ra. �. .........................• in.... �1 Gnby.■..Street C 2 Hampton Blvd c 3 Chesapeake Blvd .............................. b 8 Tidewater Drive "°'`.ry s"°�• '' ry • ■ a,s �a 15 Military Highway �rrr�r��.t..nary.....w.. .....r..r�rMry° E� 20 Virginia Beach Blvd �°.... ■°.■....................................♦ Mount Pt.Axam Rd 21 Little Creek Road M4 .........................- ................................ 0 7 36 Independence Blvd/Holland Road FY 2022 Headway Other Services Miles .....°......................■............................• 45 Portsmouth Blvd weekday AM Peak PCS,MAX,Limited � Military Base 15 minutes Trolley Activity Center 47 High Street/Churchland 30minutes Light Rail City Boundary 101 Kecoughtan Road 60 minutes Ferry Eliminated Service N 112 Jefferson Avenue n SOUTHSIDE: FY 2022 Weekday AM Peak 114 Mercury Blvd /� Resolution ■ CAA amendment covers FY 21 recordation tax revenue gap and staff will work to create a long term funding resolution ■ HRT Commission approved resolution language on 5/28/20 ■ City Council consideration of resolution on 6/16/20 ■ HRT Commission to consider Transit Strategic Plan adoption on 6/25/20 ■ Transit Strategic Plan implemented from FY 21 — FY 30, subject to revision every 5 years S CITY MANA GER'S BRIEFINGS FINANCIAL UPDATE 2:36 P.M. Mayor Dyer welcomed Alice Kelly, Director— Finance. Ms. Kelly expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms.Kelly for the presentation. June 9, 2020 FYzozo Interim Financial Statements ity qf Virginia Beach 'Finance General Fund - 1lmonths overview As of May 31, zozo Alice Kelly, Director of Finance, -- FY 2020 • • Mitigate COVID- 19 Economic • . Revenues • Real Estate and Personal Property taxes due June 5 • City Council suspend late payment penalty and interest to August 3 • Trustee Taxes — Most Trustee taxes have delayed penalties (next slide) • Meal Tax — May and June taxes suspended (tax holiday) • Public Utilities — suspension of disconnecting water service due to nonpayment Expenditures • Hiring Freeze • Elimination of non-essential purchases • Elimination of non-essential travel and training • Implementation of Federal programs (e.g. Public Health Leave) Meals Hotel and Admission Tax Due Dates Month of Sale Due Date No Penalties Until Notes February1 March 20, 2020 April 19, 2020 March 2 A p ri 120, 2020 June 19, 2020 Apri 12 May 20, 2020 July 19, 2020 May June 201 2020 August 19, 2020 Meals Tax at 0% June July 20, 2020 1 Meals Tax at 0% 1 Per City Treasurer, collection penalties delayed one month 2 Per City Council April 7, 2020 ordinance, collections delayed and meals tax reduced to 0% for May and June. Projected FY 2020 General Fund Revenues Note: Delayed penalties may impact timing of receipt of revenue and thus may skew monthly collection amounts Revenues expected to exceed budget: - Business Licenses - $2 million - Use of Money - $2 million Revenue expected to be under budget: - General Sales Tax - Restaurant Meal Tax - Hotel Tax - Charges for Services Items still to early to project: - Rea I Estate Tax - Personal Property Tax FY2020 YTD General • Revenues and Expenditures Comparison May 31,, 2020 100% ACTUAL REVENUES YTD = $834.1M 93.8% 100.0% 85.8% ACTUAL EXPENDITURES YTD=$1,121.1M 78 3°i 9.5% 80% 71.09/c 81.7% 78.8% 64.1/o ° 74.4% 70.3% 67.0% 58.2% 60% r.Wa �6 55.2/ 55.5% . 58.1 / 49.2%Ro% 55.5% 51.7% o :� ° 4 49.5% F 45.0%38.4% ,i 42 --• 45.4% c 40% { 42.3% Cc 30.4% ° 32.2% 36.6/0 32,9% a 22.8% 29.8% 22 s% Received $132M of Real Estate 20%D 2% tax revenue during first week 15.3% 9.3% 11.9% 5.6% +--" 12.9% Of June 2.0% 8.4% 0% \1 1 3 o 4.3% T --- Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun (Aug 14th) %of FY20 Exp Budget Exp Trend t-%of FY20 Rev Budget Rev Trend FY2020 General Fund Revenue May 31., 2020 amounts in millions) BUDGETED REVENUES YTD = $1,185.7M ACTUAL REVENUES YTD = $834.1M Federal Commonwealth Government $94.9 8.0% $22.0 1.9% Other Revenues Unrealized $76.8 6.5% $351.6 29.7% r Taxes 192.1 16.5% #- Transfers $11.7 Personal Real Estate Taxes 1.0% Property $377.7 31.9% Taxes $58.9 5.0% Real Estate Revenues — GF Portion Only 2020 $523.6 $539.8 $558.7 $500 $482.0 BUDGET 100% $466.4 $443.7 90.6% 88.2 '{_' .J 1_._.-..�...,_.._....�.n..�.-..._-..�....._-yam O $9.5% 83.6/ $400 89.2% 1 $437.0$417.2 $461.6 80% $395.6 I $451.4 67.6% 1 � o $377.8 $300 60% o N U c F� v $200 40% G Received $132M of Real Estate o tax revenue during first week of June $100 20% $0.93 $0.99 1 $0.99 1.0025 $1.0175 $1.0175 (84.6241) (90.624�) j (88.6241) (90.824Q) (90.8241) (95.404�) $0 i bk:. 0a/ FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Annual Collections . YTD % of Total Personal Property Taxes (excludes PPTRA) 2020 $108.1 $108.1 $106.0 $110.1 100% $100.1 BUDGE $100 $95,9 T 80% $80 VI 65.2% �; 59.0% 59.0% 60% o ° 53.5% U 61.0% 54.2 a $60 $62.5 $61.1 ' $63.8 $63.8 c i" $57.5 $58.9 a, = 40% !� j O i 20 $20 a s� % $4.00 $4.00 $0 0% FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 g ...Annual Collections jYTD % of Total General Sales ' State 5 May 31, City 0 1 1 Up 5.1% From PY May represents March Assessments $65•9 $66.7 $62.6 $63.5 BUDGET $60 $58.2 $61.1 $57.2 ' $54.5 $51.0 2.1 $i2.9 $50 $48.3 100% i4.0 $40 ai O = 83.1% 83.5% 83.1% .3% 82.7% 85.7% u $30 in O 50% o > $20 n� 's $10 $0 0/ FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 .....✓Actual YTD % of Total Business License Tax BUDGET Up 10.4% From PY $48.7 $49.1 $50 $47.0 $51.9 $44.6 $45.3 $52.2 I $46.71 $47.7 1, $47.3 $44.2 $44.9 $40 99.1% 99.0% 99.3% 98.0% 100.5% N _ 96.2% 100% c v O v ._ $30 i a °1 0 $20 c dr,;, 50% o r. $10 $0 0% FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 to ,...Annual Collections jYTD % of Total Total Restaurant Meal Taxes May 31,. 2015-2020 Down 6.3% from PY $68.8 $70.3 $70 BUDGET $60.0 $6o $63.0 $63.4 $65.2 $64.4 $57.7 $59.4 $60.2 $59.0 $50 $54.2 100% C o S40 90.4% 91.0% 91.1% 90.9% 90.9% 91.6% a o $30 Meal Taxes 5.5%All Fo- v 50% o $20 General Fund — 3.5% TIP — 1.06% i TAP — 0.5% $10 Open Space — 0.44% $0 I 0% FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 .Actual YTD % of Total Total • Room Taxes May 31, 1 2020 Down 8.0% From PY $37.1 $37.9 $35.5 BUDGET $35 $32.8 I $30.6 $33.6 $30 $28.7 $32.3 $ $30.9 29.7 c $25 $27.9 100.0% _ $25.9 94.5% ° o 90.4% +� 86.9% aa) $20 91.2% v 90.2% 81.3% ° $15 Hotel Room Taxes 8%Allocation cu General Fund — 2% TIP— 5% + $1 per night $10 AP— 1% + $1 per night gSandbridge —6.5% + $1 per night $5BD TIF - $500k annually $00 W 50.0% FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Annual Collections YTD % of Total January 31,Meal Tax Collection vs Assessments Meal Tax - Jan - May FY 2020 Assessments and Collections 6,000,000 5,000,000 �' "' • 4,000,000 3,000,000 2,000,000 1,000,000 January February March April May • FY2020 Assessments(month to be collected) FY2020 Collections Note:Assessments are on a month Lag(ex. January assessments are based on December Sales and collected in Januarv) Hotel Tax Collection vs Assessments 2020 Hotel Tax - Jan - May FY 2020 Assessments and Collections 1,600,000 1,400,000 1,200,000 maw sop 1,000,000 800,000 600,000 400,000 200,000 January February March April May • FY2020 Assessments(month to be collected) FY2020 Collections Note: Assessments are on a month Lag (ex. January assessments are based on December Sales and collected in January) 1a Admissions Tax Collections vs Assessments January 31, 2020 2020 Admissions Tax - Jan - May FY 2020 Assessments and Collections 600,000 500,000 400,000 300,000 200,000 100,000 January February March April May • FY2020 Assessments(month to be collected) FY2020 Collections Note: Assessments are on a month LaQ(ex. January assessments are based on December Sales and collected in January) 1GeneralFundExpenditures Through amounts • BUDGETED EXPENDITURES YTD = $1,252.8M ACTUAL EXPENDITURES YTD = $1,121.1M Other Unencumbered Capital Projects Funds $131.7 10.9% $53.9 4.3% $31.2 2.5% Debt Service , $52.0 4.2% Operating $171.1 13.7% School Support $443.8 35.4% Personnel $369.1 29.5% Projected General Fund Salary and Benefit savings are $24.7 million Cash Balance Comparisons General Fund and Total Cash Balances FY2O19 vs FY2020 S 1,200 S 1,000 S800 c 0 S600 c p S400 E Q w S200 zz` S(200) July August September October November December January February March April May GF-FY2019 GF-FY2020 Total (Operating plus Investments)-FY2019 Total(Operating plus Investments)-FY2020 17 • Cash balances are at appropriate levels • Sold $195.8 M of Public Facility Revenue Bonds, June 3, 2020 - True Interest Cost (TIC) of 1.66% • Actual impact on local revenues uncertain - delayed penalties impact predictability • Real Estate and Personal Property Tax • Trustee taxes • Expenditures savings occurring, some additional COVID-19 expenditures • CARES funding briefing/recommendations provided next week - $39.3M • Full Interim Report will be provided in this Friday's package (June 12) Next Steps _ .,_CARES Funding _Recommendat _ons a June 16, 2020 July 21,June Preliminary Update 2020 W&I 4 1)P,4 1 YA i7vT$M- MoroTio August 25, 2020 FY2 1 Au ust ate September2020 6 CITY MANA GER'S BRIEFINGS A VINGRIDIKITTY HA WK,LLC 2:49 P.M. Mayor Dyer welcomed Bobby Wheeler, Operations Support Administrator—Public Works. Mr. Wheeler expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. Wheeler for the presentation. June 9, 2020 I u Pi v � �;� -_,�-.' s.^ a::' s �« - ' y�✓ < fie. � � Avangrid Renewables/Kitty Hawk Wind, LLC Offshore Wind Project Non- Exclusive Franchise Agreement City Council Briefing - June 9, 2020 Bobby J. Wheeler, P.E. PW/Operations Support Administrator Avangrid Renewables/Kitty Hawk Wind., LLC Yn'w xn 1v xxlr 11A. nm nm• Tin nnw x7n 1 xA xn xa xw • Kitty Hawk Wind, LLC's parent company is Avangrid Renewables, a subsidiary of AVANGRID (NYSE: AGR) �= ' and part of the IBERDROLA Group, one of the largest . renewable energy bases in the world with more than ;. 14,000 megawatts (MW) of renewable energy spread across a dozen countries • Avangrid Renewables constructs, operates and provides electricity generated from offshore wind J e . energy \ — Currently have leasehold interest in approx. 123,000 acres of ocean located about 27 miles off the coast of x.. „� n•re L•v +nr My ••v .C'v xM fVv the Outer Banks, North Carolina to develop a wind farm w � K' ""�` �• =` a. �� - SURVEYAREAS y s..r+—� 2 Avangrid Renewables/Kitty Hawk Wind, LLC • Avangrid Renewables has secured option agreements to purchase 20 +/- acres of City- owned property in Princess Anne Commons and 30+/- acres of VBDA-owned property in Corporate Landing for future substations • In support of the substations, Avangrid Renewables is seeking to secure a non-exclusive franchise to occupy the City's streets and public rights-of-way • Franchise agreement will permit construction of necessary electrical service infrastructure from a landing point along Virginia Beach's coast to the substation locations • Electrical service infrastructure will consist of high voltage transmission lines and fiber optic cables Avangrid Renewables/Kitty Hawk Wind, LLC Substation Locations :x e, T ,tee►. '} ��l' "" ��` � "p`. r,7, `i ",fib.e' •�. l egend N Exhibit B N Exhlblt B Premises Corpnrare Landmq �r C of Virginia Beech Kitty Hawk 1'r.-q,•ct NY Existing Transmission Kkty Hawk Proiset o _50 500 750 Property Line O MO 6OO 900 Fe<t Feet .. I Princess Anne Commons 20+/- acres Corporate Landing 30+/- acres Avangrid Renewables/Kitty Hawk Wind, LLC • Engineering designs will establish location of actual line routes • Envision lines to be placed underground from landing points to substations and overhead crossings where environmental conditions necessitate (water bodies, wetlands, etc.) • Necessary approvals and permits will be required as with all non-exclusive franchise agreements for placement of infrastructure within the City's rights- of-way • Project has the ability to generate approximately 21500 MW of electricity that would power approximately 700,000 homes ¢~ !M� � •+may Ala ,NR _ �,�� . . ` , .� � �. .wo ate a •� � and_stown_Substation , Pr;ncess Anne x h.�, Sand Bridge Landfall • rSIgma R;vehR. . Pngo` � Anatomy of an Offshore Wind Energy Project Complex power plants located far from shore Wind Turbine Generators J. FoundationCOffshore, Substation Crew Vessels Warehouse Helicopter Jackup-Vessels Transit,on Piece Arrav Cable Export Cable Quayside 08M Building Onshore Substation • Marine environment: sea waves, seabed mobility, corrosion, weather downtime • Specific Health and Safety risks and requirements • Huge scale of operations Key technological decisions are taken 3 to 5 years before actually implemented 7 Franchise Agreement Summary of Terms • Initial term of twenty (20) years; two (2) additional renewal terms of ten (10) years each; maximum forty (40) years as allowed under Virginia law • $1500 /mile or any portion thereof over which the facilities are placed in the City's rights-of-way (pursuant to Va. Code §67-1103) • Removal or relocation costs of installed facilities required to avoid impacts with a public project will be the sole responsibility of Avangrid. However, due to the nature of the high voltage cabling and lines, the City agrees to take the unique nature of such facilities into consideration • Upon termination of franchise, the facilities must be removed or the City may take ownership • Insurance liability coverage will be required as with all non-exclusive franchise agreements • $25k letter of credit and $50k surety bond or $75k surety bond will be required Existing City Franchise Agreements • The City currently has over 20 active franchises allowing access to and occupation of the City's streets and public rights-of-way 2 Cable/Internet Providers (Cox and Verizon Fios) 1 Electric Franchise (Dominion Energy) 1 Natural Gas Franchise (Virginia Natural Gas) 11 Telecommunications Fiber 4 Small Cell Equipment (Verizon, Cox, T-Mobile, AMT) 2 Infrastructure (SQF and Extenet) • This will be the first franchise to a wind energy company; wind energy company franchise slightly different than the others, most notably the rights- of-way use fee is proscribed as $1500/mile. ,.. Overall, locality must treat them the same as the others. Statutory Code Compliance Statutory Authority for Renewable Energy Co-Location of Facilities can be found at Virginia Code Section 67-1100 et seq. : A. Every renewable generator shall have authority to occupy and use the public roads, works, turnpikes, streets, avenues, and alleys in any county, with the consent of the board of supervisors or other governing authority thereof, or in any incorporated city or town, with the consent of the council thereof, and the waterways within the Commonwealth, with the consent of the Marine Resources Commission, for the erection of distribution facilities B. No locality or the Department of Transportation shall impose any fees on a renewable generator for the use of public rights-of-way except in the manner prescribed in § 67-1103 C. No locality or the Department of Transportation shall impose on renewable generators, whether by franchise, ordinance, or other means, any restrictions or requirements concerning the use of the public rights-of-way that are (i) unfair or unreasonable or (ii) any greater than those imposed on providers of electric or natural gas utility service Completed Actions and Next Steps COMPLETED: • RFP advertised on May 17 & May 24 (required for franchise over 5 years per Va. Code § 15.2-2100) • Bid received and read by Mayor at June 2 Council Session; City Manager recommended public briefing and an additional public hearing • First Public Hearing advertised on May 24 and held on June 2; No speakers in opposition NEXT STEPS: • Public Briefing — Today, June 9 • Place Ad for second Public Hearing — TBD E; • Public Hearing — TBD • Council Action — TBD f r Avangrid Renewables/Kitty Hawk Wind, LLC Non-Exclusive Franchise Agreement 7 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS 3:08 P.M. Mayor Dyer welcomed William Landfair, Planning Evaluation Coordinator and Kevin Kemp, Zoning Administrator. Mr. Landfair expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr.Landfair and Mr. Kemp for the presentation. June 9, 2020 k iCityof -a d13 Virginia Beach Planning June 16 & 23 City Council Meetings SUMMARY — June 160th 9 Planning items scheduled for City Council's consideration 1. Goldpetal Farms—Princess Anne District • Conditional Use Permit (Recreation and Amusement Facility of an Outdoor Danny K. Patricia S. Martin,et I. Nature) SHoRF • Recommended for Approval by Planning Commission & Staff �a,NAMPPN Bayside s9. 2. Danny K. & Patricia S. Martin, Bryan &Arleen Martin, and Robert & Natalie Lynnhaven �r T Faison—Bayside District p T NE N'N °Z • Conditional Rezoning (B-2 Community Business District (Shore Drive T Corridor Overlay) to Conditional R-5R Residential Resort District I "' BEACH QNIA t (Shore Drive Corridor Overlay)) � VIA -- 1 • Recommended for Approval by Planning Commission & Staff g 254 Kempslle Beach o 3. Stefanie Guthrie— Rose Hall District $ �atiO P o�a� • Conditional Use Permit (Residential Kennel) p MACE Stefanie Guthrie • Recommended for Approval by Planning Commission &Staff W Rose Hall a FERRELL Spence Crossing Properties, LLC 4.Jeffrey Franklin—Princess Anne District LYTNHAV EN *FSS 10 CArl ^4' NECK • Conditional Use Permit (Commercial Kennel) r�r 4""F `OavAq�o • Recommended for Approval by Planning Commission &Staff Centery le \ L/MM0 5. Spence Crossing Properties, LLC—Centerville District Princess Anne GoldP etal Farms ,ANoe1t10G • Conditional Rezoning (Conditional B-4 Mixed Use District to " ,Hw"o'"� s2 0 Conditional PD-112 (A-36 Apartment District Overlay)) ¢* • Modification of Proffers A"R'�a Jeffrey Franklin • Recommended for Approval by Planning Commission & Staff 2 SUMMARY � June • 9 Planning items scheduled for City Council's consideration 6. City of Virginia Beath Danny xli Patricia S. Martin, et al. • An Ordinance to conform sections 1.2, 5.1 and 5.16 of the Site Plan __s40RE Ordinance (Appendix C)to the provisions of the Public Works Design PQN M Standards Manual NOa"� rye Bayside Z ' Lynnhaven 7. City of Virginia Beach o m • An Ordinance to conform sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, NE, wN m 5.10, 6.1 and 6.3 of the Subdivision Regulations (Appendix B)to the oz, LpS,cN provisions of the Public Works Design Standards Manual VIA GtNiA8EA0f Z'Sr 26° 8. City of Virginia Beach o Z �zTE�o R oar Kempsvilie" o , ap • An Ordinance to conform sections 246 and 1501 of the City Zoning do Beach 8 Ordinance (Appendix A), and section 6.2.6 of the Oceanfront Resorty °�%f District Form-Based Code (Appendix 1)to the provisions of the - ,� " � Stefanle Guthrie ^ Public Works Design Standards Manual �FERRELL Spence Hall Ing Properties,LI.0 DAM NECK 9. City of Virginia Beach S 4titi �o��R �o • An Ordinance to Adopt and Incorporate into the Virginia Centerville z 190Q. Beach Comprehensive Plan the Virginia Beach Sea Level Wise ro Adaptation Strategy Report by amending Sections 1.1, 1.2, 2.2, and "'yo 2.3 Princess Anne y Gold petal Farms sAND6a1{7G( NORj H +tA,&tA �J� p /ND14NRt2rR Jeffrey Franklin 3 i? GOLDPETAL FARMS Item Council District Princess Anne Location 2655 Seaboard Road y ' .K, nY.. s Sunflower Maze ' Me � tt Cut Flower Garclen t e 4 Parking Only r cs' ins • i; ,a� -. Jlt Conditional Use Permit requested for sunflower 7 maze and cut flower field on Wave Church property rr , ! on Seaboard Road Legend ... OMO 9 10 20 r'. • Seasonal business operating from April to June T,.M� Fl—, C;l s,C-1 v .e,=App,o. „�@ `'o 1-1 V .()us mess nBess Hogs Ccrgectured DeNgn f • a E.ar pke Operating hours limited during church services GOLDPETAL FARMS Item 1 DANNY K. & PATRICIA S. MARTIN., BRYAN & ARLEEN MARTIN., AND Item Council District Bayside Location • • 5Rlc O \ R-5 yR �/ �•. � � U Shore Driv e CONDITIONAL REZONING (B-2 Community Business District (Shore Drive Corridor Overlay) to Conditional R-511 Residential Resort District (Shore Drive Corridor Overlay)) Staff recommends Approval Planning Commission voted 8 to 0 to recommend Approval MUICR BED.4--8'MARDYYODD UMC" r e-MANIIArrAR EIICRMVS t /- �6 / `� "-a'RF IGrt At nIsr.ut Ancxi 1L`J1 t J ,... 52 Y� ��zPtE j93 P' IT evc—A t[Ntt. 4 16 EE a+CGERW LINE TOWNHOMES AT ROANOKE Li �� AVFNUF. A CONDOMINIUM �7 2C180406000282030 PLAT, I _ LOT 5 I LOT L 6AA _-; I.V. 20171004000854810 (PLAT) GPIN: 1489-49-907A 7CN7D: 13-a Proposed 43 PROPOgEO Three-Story a y_ Property Line -_- 0 3 S7DRy Duplex OUPLEX --. - i NOW OR FORMERLY _- ------ CAROL T. CHAPOELL BRETHAUER ti 'I�;fj _ I.N. 20060307000351830 ^ LOT 4 A ; _. -. M.B. 5 P. 137 UNI T _._ -- - __ 3 CPIN: 1489-49-1094 S 6T UNIT 8 ZONED: B-2 3 00' 3 6 wa•�r---__ __r -- -— 10.5 o ^ a n u) • Conditional Rezoning application from commercial to z 3713 AND 3715 SURRY ROAD residential in order to construct a 3-storyduplexl a CONDOMINIUM along 20` ry! S/B I.N. 200305140075183 (PLAT) Shore Drive O �07.9'FIELD N'PRWOSED LCT 3 DRIVEWAY f M.B. 5 P. 137 'N(f; GP:N- 1489--49-0183 _ ZONED: R-SR R_1987.4$ PIN(F) • Deviations requested to lot width requirement of 75-feet SURLY Cupp ~ cur "�•� to 42 feet and to lot area requirement of 10,000 sf to " ?°M�1.9004% R 7,184 sf e a p, TJ; � DANNY K. & PATRICIA S. MARTIN, BRYAN & ARLEEN MARTIN, AND ROBERT & NATALIE FAISONS Item 2 STEFANIE GUTHRIE Item Council District Rose Hall Location 3541 Champlain Lane 0-2 0-2 • • A • • • • • • • - • • 1 • • • A • • • 5 r= Cane �w M I � 3 • C I � . a • Conditional Use Permit requested for I Residential Kennel for up to 6 dogs Fence • Dogs kept primarily indoors as pets • No Animal Control related violations • 4 letters of support received STEFANIE GUTHRIE Item 3 APPLICANT REQUESTING WITHDRAWAL ' SPENCE CROSSING . PROPERTIES, Item Council Location Southwest Corner of Princess Anne Road & South Independence Boulevard QS 40 r -M � ,o .12* %ee , . e ge��pde o U}J 17) r eaf C(r �� . � J."*- CONDITIONALc�e `( Sy "REZONING (Conditional B-4 to Conditional PD-1-112 (A-36 Overlay) Planned Unit Development) MODIFICATION OF CONDITIONS Staff recommends Approval Planning Commission Voted 8 to 0, with 1 Abstention, to recommend Approval i M SITE DATA ' —--- LEGEND rrnpr•-:,-3.ra IM1SAcres * . lr',-y`F/w�.�.� cvx jail 12 Luxury Villa k.t 137 Th—St-y Garde,Flat, lit iod Nomec •r .. I o.".x.."i�r row.,,e Exist'"Lon,np: "_2 18'i) 1 �Mr I' �°''"' '. - '� i• li' Anr "7nninY PFa1-71A-il,1 .,..............w..M - Open south f"uarewee,c. $ace. 286%IA 1 Aces', empervous Area: 499% 17 2 ACMI t f La CCnwage: •)S'R 1.6 ACresl ' ,raWba ae.Ts "ate' i Park,F. NM'. O0i -. p Mk !h, 0 • i33 •r`. '.. 'r.k oY. ,q•"•Yet'wtn J9 t'-" r" /^ --mot. k. x.......,.,•w.ru.y i �` ,Mw,un,Ml wan th a,� I mar..•,tr - - ".. i rro o,tf, 0111 110T +u * A • Proposal to rezone remaining commercially-zoned property in Spence Crossing to construct 224 multi-family residential units • Proposed architecture reflective of the existing residences throughout neighborhood • Proposed amenities include dog park, pocket parks, trails and community pool • Traffic signal proposed at Spence Crossing Way & S. Independence Boulevard intersection SPENCE CROSSING PROPERTIES, LLC Item 5 CITY OF VIRGINIA BEACH Item • An Ordinance to conform sections 1.2, 5.1 and 5.16 of the Site Plan Ordinance (Appendix C) to the provisions of the Public Works Design Standards Manual Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval CITY OF BEACH 7 An Ordinance to conform sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1 and 6.3 of the Subdivision Regulations (Appendix B) to the provisions of the Public Works Design Standards Manual Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval CITY OF VIRGINIA BEACH Item 8 An Ordinance to conform sections 246 and 1501 of the City Zoning Ordinance (Appendix A), and section 6.2.6 of the Oceanfront Resort District Form-Based Code (Appendix 1) to the provisions of the Public Works Design Standards Manual Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval CITY OF VIRGINIA BEACH Item An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan the Virginia Beach Sea Level Wise Adaptation Strategy Report by amending Sections 1.1, 1.2, 2.2, and 2.3 Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval SUMMARY — June 23rd 1 Planning items scheduled for City Council's • • - • 1. Craig Lewandowski— Bayside District • Conditional Use Permit (Short Term Rental) • Recommended for Approval by Planning Commission & Staff Nikita Stepanov -- 2. & 3. LBC Rentals, LLC— Lynnhaven District Craig Lewandowski LBC Rentals,LLC s • Cynthia E.Fulmer-Carzo Conditional Use Permits (Short Term Rentals) w • Recommended for Approval by Planning Commission & Staff nppt"AMP�N Stephanie N. Fall. Bayside Lynnhaven 4. Cynthia E. Fulmer-Carzo— Lynnhaven District 00 '� • Conditional Use Permit (Short Term Rental) NEv wN � �cr apflo • Recommended for Approval by Planning Commission & Staff Beach Borough Devel�t!LLCBeach Borough Development.LLC 5. Stephanie N. Failla, Dune Okay, LLC— Lynnhaven District BFA CH �swN Anthony&Monic6,Craig` VIRGINr+ .. � • Conditional Use Permit (Short Term Rental) �4 �, • Recommended for Approval by Planning Commission & Staff k z Beach n Cempsville 6. Nikita Stepanov— Beach District C, • Conditional Use Permit (Short Term Rental) ~r VrOEN�E Rose Halle 40 ` • Recommended for Denial by Planning Commission & Staff FERRELL p� 1 LVNNHAVEN c�?L pAM NECK 2 7. Anthony S. Craig& Monica Malone-Craig— Beach District �FS 1o,%toh �o • Conditional Use Permit (Short Term Rental) ,terville 'z,, m ,Ntif ti eR'0� • Recommended for Denial by Planning Commission & Staff "1 - SUMMARY — June 23,d 10 Planning items scheduled for City Council's consideration 8. Beach Borough Development, LLC (410 251h Street)— Beach Distric` • Conditional Use Permit (Short Term Rental) • Recommended for Denial by Staff& Approval by NIdts Stepanov SHOW Planning Commission LBC Rentals, LLC Craig Lewandowsld 0 Cynthia E.Fulmer•Carzo 9. & 10. Beach Borough Development, LLC (408 25th Street)— Beach �pSV,AOjoN Stephanie N. Fall, District • Conditional Use Permits (Short Term Rentals) Bayside Lynnhaven � • Recommended for Denial by Staff& Approval by Planning Commission NEV wN P ��`� "F�r appoNAT+oN Beach Borough Development�LLC•Beach Borough Development.LLC Anthony&Monica Craig Y - v1itGINIP BEACH w EOttESC� 2 254 R z Beach o n (empsville A ti � ag0�`0 c1P a O 4 EYE Rose Hall FERR ELL pNNHAVEN O�`�` Ow NECK 40 nt•rAIe Ds� wE �NtiE ON � BR,O� O 2 �r CONDITIONAL USE PERMITS - SHORT TERM RENTALSItems • 5 Recommended for Approval by Staff & Planning Commission • 2 Recommended for Denial by Staff & Planning Commission due to insufficient parking* 3 Recommended for Denial by Staff & Approval by Planning Commission ** Bayside District Beach District 1. Craig Lewandowski 6. Nikita Stepanov* 7. Anthony S. Craig & Monica Malone-Craig* Lynnhaven District 8. Beach Borough Development, LLC** 2. & 3. LBC Rentals, LLC 9. & 10. Beach Borough Development, LLC** 4. Cynthia E. Fulmer-Carzo 5. Stephanie N. Fallla, Dune Okay, LLC Craig Lewandowski Item Council District Bayside Location 4446 Gulls Quay, Unit A • • • • - • • 1 • • • • • • 50.00' _.._ � I I LOT 11 LOT 12 Driveway �► LOT 10 I LOT 13 'VolkParking Spaces ' i for Unit A (9'x18') un I . =: 8 8 rCS9 Parking Spaces ., • ...�.. g M.S _. - for Unit B (9'x18') o.r as 2 STORY !b m ORK&FRM d 6Y W"16 w 3 1'ST 1 S • Request Conditional Use Permit for a 2-bedroom Short Term Rental in 1 unit of a duplex dwelling I° 2 50.00' zzz3o'ro a.i.of GULLS QUAY u wouF • Property is zoned R-5R Residential District (Shore Drive LOT 32 LOT 31 LOT 30 LOT 29 Overlay), located in Chesapeake Beach neighborhood • 2 off-street parking spaces required; 2 spaces provided in driveway Craig Lewandowski Item 1 CouncilItems 2 Location 209Street, � g4th Sweet R<9 fN i R( RZR(N `t Bard R_5 1 N�) \. CONDITIONAL USE PERMITS (Short Term Rentals) Staff recommends Approval Planning Commission voted 8 to 0 to recommend Approval ( n n v I - 4 Bedroom 10A, ..=. Duplex Iff a 7- i BRIC k 0 4 required --4-18 o7+t -►( parking spaces • Request Conditional Use Permits for Short Term Rentals for both 2- � ` .m. bedroom units of a duplex • Property zoned R-5R (NE) Residential North End Overlay Zoning District Q� s 84-JO' W �50'� 83W STREET • 4 off-street parking spaces required; 4 spaces provided. (FORMERLY ONE1HUNDRRE TWENTIETH ST) • Vehicular access from "S" curve along 83rd Street/Shore Drive • Room for vehicles to maneuver as to not back directly out onto street LBC RENTALS, LLC Items 2 & 3 CouncilCYNTHIA E. FULMER-CARZO Item • Location 202 I • th Street �` 111` 111 - )t, ! -a"1110E)CONDITIONAL USE PERMIT (Short Term Rental) Staff recommends Approval Planning Commission voted 7 to 1 to recommend Approval 24 76" Street 14 1-71alS w9Z _ vats .Q; 1 ,' * -e- ^ 1l Pat king 9 • Request Conditional Use Permit for Short Term Rental for 1 of the it 3-bedroom units in duplex 3 Bedroorri • Property zoned R-5R (NE) Residential District (North End Overlay) Duplex Unit o • 3 off-street parking spaces required; 3 spaces provided in driveway in front of dwelling A330 WOM • 1 space partially in right-of-way, but "off-street" and approximately j 30 feet between property line and the edge of pavement noa '0 CYNTHIA E. FULMER-CARZO Item 4 STEPHANIE N . FAILLA, DUNE OKAY Item L LC Council DistrictLynnhaven Location • 69,hStreet, Unit B 5 sto Rs CONDITIONAL USE PERMIT (Short Term Rental) Staff recommends Approval Planning Commission voted 6 to 2 to recommend Approval PLA r-50.00' I � Y/AZW r hCf6„/ r000 rewr Lor/7 wow PECK rno srowr tsrptr — /' w [)IC h :U NIT A ,s 7.71 • Request Conditional Use Permit for Short Term Rental for 1, 3-bedroom g unit (Unit B) within a duplex • Property zoned R-511 (NE) Residential District (North End Overlay) — - T • 3 off-street parking spaces required; 3 spaces provided I 2 S' • Spaces partially or completely within right-of-way, but are "off-street" • , VEMENT OF and outside of the vehicular thoroughfare in an area clearly designated •.TH as the units' driveways �- STEPHANIE N. FAILLA, DUNE OKAY, LLC Item 5 N I KITA STE PAN OV Item Council District Beach Location 932 Delaware Avenue �r r � , : ��iir■� , , r�rrri ■ ■ � - '� ♦.. � ,,..ice -'JEY I THE BLr.i.. •E OtNr EASEMENTS APPEARING oft Tt , 3URVE£ ARE THOSE NM1+<C, A'LRL 'LHOWN of RECORDED SUBOMSON PLATop i s w u > M NO 4b,.u—wv.s _r — Delaware Avenue ,7. rY9ngssT'f ,.� Two parking spaces • Request Conditional Use Permit for Short Term Rental in a 3-bedroom townhome • Property zoned A-18 Apartment District and located in the western Townhouse edge of the Shadowlawn neighborhood. • 3 off-street parking spaces required; 2 spaces provided in front of the N/F WATERFIELD unit PwMAE SURVEY or LOT 8 BLOCK C DELAWARE TOWNHOUSES ++ws PnOPFRTY ASM4ARS TO rALt.IH vwom A BFACM_votMNIA...w • Applicant did not provide an acceptable alternative parking plan to ��..=4—P NIKIIA ;TEPANOV WWI-. A:W -.H* H accommodate the deficiency Wr NO.,NN,+.MGPArf, .,,P,. IC1 M ".„„ Gv►APAss .` SCAtE.1 W ';;.c7P f•.E.-�� w Taw ry CHAIN,... NIKITA STEPANOV Item 6 Council, ANTHONY S. CRAIG & MONICA MALONE-CRAIG Item • . Location ��s R-5S 77, �' �,.�w-• Ate,,, � �-,._,� � - - A. Y 0 'CA � tM � 1 ZZnd c�t.cet CONDITIONAL USE PERMIT (Short Term Rental) Staff recommends Denial Planning Commission voted 8 to 0 to recommend Denial 23`d Street 3.1b.10e9L N .0'09 I11!M " 1 -�----- NONE _ -; far � O 0 1 Neigho ! - 5 bedroom' • Request Conditional Use Permit for Short Term Rental for a 5-bedroom ° Duplex unit. ' 1 Short T unit within a duplex dwelling Renta i s -- ,;ou 3101 • Property zoned A-12 Apartment District ar ng i `Spa es • 5 off-street parking spaces required; 3 spaces provided on the property Fence 2 3 5[ • 2 proposed spaces encroach into alley and could impeded vehicular Parking Spaces Encroach 3 to traffic flow feet into Alley Right-of-Way 22nd %z Street • Alternative parking plan was not deemed acceptable ANTHONY S. CRAIG & MONICA MALONE-CRAIG Item 7 BEACH BOROUGH DEVELOPMENT, Council DistrictBeach • Location 1 - - A-36 ;i` 25th greet �.- OR '� 11 A_A. Nsos"e - �� 1. R 3 s '✓ �� �' e 2 i IA ,4 A-1 z 1 CONDITIONAL USE PERMIT (Short Term Rental) Staff recommends Denial Planning Commission voted 8 to 0 to recommend Approval HVAC 9� UN/TS 1 � I " � 4 & 16 17 18.83 13) - -- ,- 1790 t2avl 0 14A14A 2 Srr FRAME r- 1 OWRL` G 2.00 3 required $ u4, 8.00' parking 18.83, -- -- ®-® - spaces; 2 in o PORCH driveway, 1 in garage g S Request Conditional Use Permit for Short Term Rental in a ^t 45' 1 m�ao proposed 3-bedroom single-family home urzFk;:E kLLEY • Property is zoned A-12 Apartment District (Old Beach Overlay) • 3 off-street parking spaces required; 3 spaces provided, including tin garage. • Relief to the dimensional requirements was granted by the Board of Zoning Appeals to allow for construction of dwelling BEACH BOROUGH DEVELOPMENT, LLC Item 8 Items BEACH BOROUGH DEVELOPMENTLLC Council DistrictBeach • Locationth Street,, 3 A l A- ��i i Z 25tt`gtt�t OR A. ".1 R t3 - . 3 o;n gK,at j� CONDITIONAL USE PERMITS (Short Term Rentals) Staff recommends Denial Planning Commission voted 8 to 0 to recommend Approval { [ Illlrrrrgl) IIIh°O�Ifl �� ' ' 7 1-- s t e a T PROPOSED - `# - 3BEDRO M STR p*S • Request Conditional Use Permits for Short Term Rentals for 2, 3- 36EDROOM _ } bedroom single-family dwellings for Short Term Rentals on a 6,000 g =STR square foot lot (New Construction) I' • Property zoned A-12 Apartment District (Old Beach Overlay) • 6 off-street parking spaces required; 6 spaces provided, including _- 2 in garages. • Relief to the dimensional requirements was granted by the Board of Zoning Appeals to allow for construction of the dwelling BEACH BOROUGH DEVELOPMENT, LLC Items 9 & 10 8 ADJOURNMENT Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 3:30 P.M. 6 Terri . helius Chief Deputy City Clerk mKN* A a Barnes,Afmc City Clerk City of Virginia Beach Virginia June 9, 2020 4�� sy o y tM `" 12 s s VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 9, 2020 Mayor Dyer called to order the SPECIAL FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL, on Tuesday,June 9, 2020, at 4:00 P.M Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None 2 ITEM H CALL TO ORDER ITEM#70328 Mayor Dyer read the Mayor's Call for the SPECIAL FORMAL SESSION MEETING: June 3, 2020 "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 9,2020 4:00 P.M. City Council Chamber Building 1, City Hall, 2nd Floor 2401 Courthouse Drive This SPECIAL FORMAL SESSION MEETING will follow the regularly scheduled City Council Workshop, which starts at 1:30 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=el374 a 7dedf60ce203781 d74ceba827ff • Register with the City Clerk's Office by calling (757) 385-4303 or via email at ABarnesAvbgov.com prior to 5:30 p.m. on June 9, 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(a),vbgov.com. Sincerely, s/ Robert M. Dyer Mayor" Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office June 9, 2020 0��''''$mac City of Virginia B acl->< LZ ,ek R.:: . S c'F 0UR totr. S Bp)N.co n ROBERT M.'BOBBY'DYER MUMCIPAL CENTER MAYOR 2401 COURTHOLDING OUJSE DRTVE VIRGINIA BEACH,VA 23458.9000 (757)385-4581 FAX(757)385-5699 BDYEROVBGOV.COM June 4, 2020 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 9, 2020 4:00 P.M. City Council Chamber Building 1, City Hall, 2"d Floor 2401 Courthouse Drive This SPECIAL FORMAL SESSION will follow the regularly scheduled City Council Workshop, which starts at 1:30 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=e1374a7dedf60ce203781 d74ceba827ff •Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnes@vbgov.com prior to 5:30 p.m. on June 9, 2020 This Special Formal Session will be broadcast on cable tv, www.vbgov.corn and Facebook Live. Citizens are encouraged to submit their comments to the City Council prior to the Special Meeting via email at CityCouncil(a,vbgov.corn. Sincerely, Robert M. Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office 3 AGENDA REVIEW SESSION ITEM#70329 3:37 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCE/RESOLUTION 1. Resolution to REFER to the Planning Commission four (4) Ordinances to AMEND the City Zoning Ordinance(CZO)pertaining to short term rentals: a. Section 104 re allow civil penalties for the violation of Section 241.2 b. Section 241.2 re revocation of grandfather status and City Council findings c. Section 1903 re permitted uses in the Old Beach Overlay District d. Transition rules for the review of Conditional Use Permits in the Old Beach Overlay District June 9, 2020 4 AGENDA REVIEW SESSION ITEM#70330 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: D. PLANNING 1. ELIZABETH ANNE GREGORYfor a Conditional Use Permit re short term rental at 635 South Atlantic Avenue DISTRICT 6—BEACH(Deferred from February 4, 2020) 2. DONALD ROBERTSON for a Conditional Use Permit re short term rental at 417 161" Street DISTRICT 6—BEACH 3. MARTIN PLAISTED/ VB GETAWAY PROPERTIES, LLC for a Conditional Use Permit re short term rental at 1738 Baltic Avenue DISTRICT 6—BEACH 4. MARTIN PLAISTED/ARCTIC TRIDENT, LLC for a Conditional Use Permit re short term rental at 338 25 '/2 Street DISTRICT 6—BEACH 5. HANGER HOLDINGS,LLCfor a Conditional Use Permit re short term rental at 207121"Street, Units 1, 2, 3, 4 DISTRICT 6—BEACH 6. MARY ANN COX for a Conditional Use Permit re short term rental at 905 D Pacific Avenue DISTRICT 6—BEACH 7. STEVE GOREHAM for a Conditional Use Permit re short term rental at 325 251" Street DISTRICT 6—BEACH 8. RICHARD FLEMING for a Conditional Use Permit re short term rental at 2937 Arctic Avenue DISTRICT 6—BEACH 9. JUSTYCE SWANGO/JAAG INVESTMENTS,INC. for a Conditional Use Permit re short term rental at 521 Carolina Avenue DISTRICT 6—BEACH 10. KEVIN D.BRYAN for a Conditional Use Permit re short term rental at 209 South Birdneck Road DISTRICT 6—BEACH 11. JOSHUA J. COE, TRUSTEE/JOSHUA & KIMBERLY COE JOINT REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 407181" Street, Unit D DISTRICT 6 —BEACH 12. CHRISTOPHER TAING/THENG TAING for Conditional Use Permits re short term rentals at: a. 417 20`"Street b. 421 201"Street, Units Al &B2 DISTRICT 6—BEACH 13. SHIPLAP COTTAGE — THE COVE, LLC/RITAMARIE SEARLES for a Conditional Use Permit re short term rental at 201 871"Street, Unit A DISTRICT 6—BEACH June 9, 2020 5 AGENDA REVIEW SESSION ITEM#70331 (Continued) 14. JACKIE YOST for a Conditional Use Permit re short term rental at 301 Winston Salem Avenue DISTRICT 6—BEACH 15. SUSAN E. MARKLEY/SUSAN E. MARKEY& LOUIS E. GORMAN for a Conditional Use Permit re short term rental at 62914h Street DISTRICT 6—BEACH D.PLANNING: ITEM#9 WILL BE CONSIDERED SEPARATELY ITEM#11 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER WOOTEN WILL ABSTAIN ON ITEM#11 ITEM#15 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS COUNCIL MEMBER JONES WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS June 9, 2020 6 ITEM#70332 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Beach District • Beach District • Beach District • Princess Anne PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointee Performance Evaluation • City Manager Selection June 9, 2020 7 ITEM#70332 (Continued) Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council voted to proceed into CLOSED SESSION at 4:07 P.M. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None Closed Session 4:07 P.M. —5:45 P.M. June 9, 2020 8 CERTIFICATION ITEM#70333 Mayor Dyer RECONVENED the Special Formal Session at 6:00 P.M. Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None *Council Member Moss stepped out during discussions of Publicly-Held Property in the Princess Anne District and one in the Beach District due to a conflict of interest. June 9, 2020 22 J OF OUR "0,04s RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#70332 Page 7 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. wand'.Birnes, MMC City Clerk June 9, 2020 9 ITEM—III.B FORMAL SESSION AGENDA ITEM#70334 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY CONSENT,Agenda Items Resolution C: la-d and Planning Items D: 1, 2, 3, 4, 5, 6, 7, 8, 10, 12a/b, 13 and 14 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None D.PLANNING: ITEM#9 WILL BE CONSIDERED SEPARATELY ITEM#11 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER WOOTEN WILL ABSTAIN ON ITEM#11 ITEM#15 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS COUNCIL MEMBER JONES WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ALL PLANNING ITEMS June 9, 2020 10 ITEM III.C.la-d ORDINANCES/RESOLUTION ITEM#70335 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to REFER to the Planning Commission four(4) Ordinances to AMEND the City Zoning Ordinance(CZO)pertaining to short term rentals: a. Section 104 re allow civil penalties for the violation of Section 241.2 b. Section 241.2 re revocation of grandfather status and City Council findings c. Section 1903 re permitted uses in the Old Beach Overlay District d. Transition rules for the review of Conditional Use Permits in the Old Beach Overlay District Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None June 9, 2020 1 REQUESTED BY COUNCILMEMBER TOWER 2 3 A RESOLUTION REFERRING TO THE PLANNING 4 COMMISSION ORDINANCES TO AMEND THE CITY ZONING 5 ORDINANCE, PERTAINING TO SHORT TERM RENTALS: TO 6 AMEND SECTION 104 TO ALLOW CIVIL PENALTIES FOR 7 THE VIOLATION OF SECTION 241.2, TO AMEND SECTION 8 241.2 PERTAINING TO REVOCATION OF GRANDFATHER 9 STATUS AND CITY COUNCIL FINDINGS, TO AMEND 10 SECTION 1903 ALLOWING CERTAIN SHORT TERM 11 RENTALS AS PERMITTED USES IN THE OLD BEACH 12 OVERLAY DISTRICT, AND TRANSITION RULES FOR THE 13 REVIEW OF CONDITIONAL USE PERMITS IN THE OLD 14 BEACH OVERLAY DISTRICT 15 16 WHEREAS, the public necessity, convenience, general welfare and good zoning 17 practice so require; 18 19 WHEREAS, concern has been expressed in the Old Beach Overlay neighborhood 20 and elsewhere that the density of short term rentals is increasing too rapidly and that the 21 number of short term rentals will make the area appear vacant during the off season; and 22 23 WHEREAS, the four (4) ordinances are to amend the City Zoning Ordinance to 1) 24 revoke grandfathered status after two years of nonuse and to establish city council findings, 25 2)to make short term rental violations civil penalties, 3)to allow permitted short term rentals 26 in the Old Beach Overlay under certain conditions, and 4)transition rules for the Old Beach 27 Overlay District; and 28 29 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 30 VIRGINIA: 31 32 There are hereby referred to the Planning Commission, for its consideration and 33 recommendation the four (4) ordinances attached hereto. 34 35 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 36 BEACH, VIRGINIA: 37 1 38 That the Planning Commission be, and hereby is, directed in accordance with Virginia 39 Code Section 15.2-2229 to transmit to the City Council its recommendations concerning the 40 aforesaid amendments no later than one hundred (100)days after the date of the adoption 41 of this Resolution. Adopted by the City Council of the City of Virginia Beach,Virginia, on the 9 t h day of June , 2020. APPROVED AS TO LEGAL SUFFICIENCY: • City ttorney's Office CA15068 R-3 June 3, 2020 2 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE TO 3 ALLOW CIVIL PENALTIES FOR THE 4 VIOLATION OF SECTION 241.2 5 PERTAINING TO SHORT TERM RENTALS 6 7 Section Amended: § 104 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 104 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 104. - Violations and penalties. 20 21 (a) Except as provided in subsection (b), any person who violates any of the 22 provisions of this ordinance shall, upon conviction thereof, be guilty of a 23 misdemeanor punishable by a fine of not more than one thousand dollars 24 ($1,000.00). If the violation is uncorrected at the time of the conviction, the court 25 shall order the violator to abate or remedy the violation in compliance with this 26 ordinance, within a time period established by the court. Failure to remove or 27 abate a violation within the specified time period shall constitute a separate 28 misdemeanor offense punishable by a fine of not more than one thousand dollars 29 ($1,000.00); and any such failure during a succeeding ten-day period shall 30 constitute a separate misdemeanor offense punishable by a fine of not more than 31 one thousand five hundred dollars ($1,500.00); and any such failure during any 32 succeeding ten-day period shall constitute a separate misdemeanor offense for 33 each ten-day period punishable by a fine of not more than two thousand dollars 34 ($2,000.00). 35 36 (b) Any person who violates any provision of Part B of Article 2, section 241.2, or 37 section 1903, regarding only short term rentals, of the City Zoning Ordinance 38 hereof shall be assessed a civil penalty in the amount of two hundred dollars 39 ($200.00) for the initial summons and not more than five hundred dollars 40 ($500.00) for each additional summons. The assessment of a civil penalty shall 41 not preclude the institution of a civil action by the zoning administrator pursuant to 42 section 103(a) of this ordinance, but no such violation shall, unless it results in 43 injury to any person, be prosecuted as a criminal misdemeanor, provided however 44 that when such civil penalties total five thousand dollars ($5,000.00) or more, the 45 violation may be prosecuted as a criminal misdemeanor. 46 1 47 . . . . 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 50 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15059 R-2 May 8, 2020 2 1 AN ORDINANCE TO AMEND SECTION 241.2 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE REVOCATION OF 4 GRANDFATHER STATUS AND CITY 5 COUNCIL FINDINGS 6 7 Section Amended: § 241.2 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THECITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 241.2 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 %V 19 Sec. 241.2. - Short term rental'' `l, is 20 �s. ><: • 21 (a) Short term rentals shall be subject to the following conditions unless 22 specifically modified by action of the city council in granting a conditional use 23 permit or creating a short term rental overlay district: 24 25 . . . 26 27 (12) Any short term rental that has registered and paid transient occupancy 28 taxes to the Commissioner of the Revenue prior to July 1, 2018 shall be 29 considered grandfathered and shall not be required to obtain a conditional 30 use permit, but must meet the conditions of section 241.2. Any expansion 31 of the footprint of the dwelling housing the short term rental that expands 32 the overall square footage ,by more than twenty-five (25) percent or one 33 thousand (1,000) square feet, whichever is less, shall have its 34 grandfathered status revoked and must immediately obtain a conditional 35 use permit to continue such use. Any grandfathered short term rental that 36 is vacant or not used as a short term rental for 24 consecutive months 37 shall have its grandfathered status revoked by the Planning Director. 38 Grandfathered status shall run with the land; 39 40 . . . . 41 42 (b) When approving conditional use permits for short term rentals City Council 43 shall find that: 44 45 (1) The density of short term rental uses in the immediate vicinity do not 46 change the characteristics of the neighborhood; and 47 (2) Parking is readily available to accommodate short term rental use. On- 48 site parking solutions are visually appealing and environmentally 49 responsible. If an off-site parking plan is submitted the parking is 50 reasonable and practical so as to be easily used by the quests of the 51 short term rental. 52 53 (3) The increased occupancy of short term rental use is compatible with the 54 character of the residential neighborhood considering factors such as 55 noise, trash and other negative consequences. 56 57 (4) Short term rentals are a needed resource in certain areas of the City 58 and it is located in close proximity to venues, districts or areas that 59 generate a high volume of people or visitors. 60 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 63 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15061 R-4 June 1, 2020 2 1 AN ORDINANCE TO AMEND SECTION 1903 2 OF THE CITY ZONING ORDINANCE 3 ALLOWING CERTAIN SHORT TERM 4 RENTALS AS PERMITTED USES IN THE 5 OLD BEACH OVERLAY DISTRICT 6 7 Section Amended: § 1903 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 1903 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 1903. - Use regulations. 20 21 (a) Principal uses and structures. Subject to general requirements and to the 22 regulations of the underlying zoning districts, all uses and structures permitted as 23 principal uses in the underlying zoning districts shall be permitted as principal 24 uses within the Old Beach Overlay District. In addition, the following use shall be 25 permitted within the Old Beach Overlay District, although not allowed as a 26 principal use in the underlying zoning district: 27 28 (1) Single-family dwellings. 29 30 (2) Ancillary single-family dwellings, located on the same lot as a separate 31 single-family, in the R-5D Residential Duplex District, any Apartment District, 32 and any Resort Tourist District, subject to the requirements of sections 33 1904(b) and 1905, and provided further that a single lot with a single-family 34 dwelling and an ancillary single-family dwelling shall not be subdivided to 35 create a separate lot for each dwelling. 36 37 () Short term rentals meeting the following criteria: (i) the owner of the property 38 must declare and use the property used as a short term rental as their 39 principal residence; and (ii) must meet all the conditions required in section 40 241.2 of the City Zoning Ordinance. 41 42 . . . . 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 45 of , 2020. 1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15060 R-2 May 8, 2020 2 1 AN ORDINANCE ESTABLISHING TRANSITION RULES 2 FOR THE REVIEW OF CONDITIONAL USE PERMITS FOR 3 PROPERTY IN THE OLD BEACH OVERLAY DISTRICT 4 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the City Council has referred to Planning Commission revisions to the 10 Old Beach Overlay that would affect the approval or denial of short term rentals in the 11 overlay; and 12 13 WHEREAS, the regulations pertaining to conditional use permits in the Old Beach 14 Overlay District differ significantly from those previously applicable; and 15 16 WHEREAS, it is the sense of the City Council that special transition rules should 17 be adopted to govern conditional use permits for short term rentals in the Old Beach 18 Overlay District that were not approved prior to the effective date of the Ordinance. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 Any application for a conditional use permit for a short term rental in the Old 24 Beach Overlay accepted prior to the date of referral shall be processed based upon 25 the law existing at the time of submission. Any application accepted after the date 26 of referral shall be considered based upon the law applicable at the time of City 27 Council consideration. No application shall be unnecessarily delayed. 28 29 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That nothing in this ordinance shall be construed to affect any vested rights which 33 existed as of the effective date of the Ordinance. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 36 of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15021/R-2/June 5, 2020 11 ITEM III.D.1 PLANNING ITEM#70336 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of ELIZABETH ANNE GREGORYfor a Conditional Use Permit re short term rental at 635 South Atlantic Avenue DISTRICT 6—BEACH(Deferred from February 4, 2020) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ELIZABETH ANNE GREGORYfor a Conditional Use Permit re short term rental at 635 South Atlantic Avenue (Deferred from February 4, 2020) (GPIN 2426396228)DISTRICT 6—BEACH The following condition shall be required: 1. The approval of 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. 2. 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). Ne-events-with-more-than fifty 3. 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. 4. If or when the ownership of the property changes, the new property owner shall provide the updated information (a through c below) to the Department of Planning and Community Development for review and approval.Said updated information shall be provided within six(6) months from the real estate transaction closing date on the property; otherwise, the use of the Short Term Rental shall be null and void. a. The owner/operator contact information; b. Registration with the Commissioner of Revenue's Office; and c. Proof of liability insurance. June 9, 2020 12 ITEM III.D.1 PLANNING ITEM#70336 (Continued) 5. 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. 6. 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. 7. 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. 8. Accessory structures shall not be used or occupied as Short-Term Rental. 9. 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. 10. A Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 11. 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. 12. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 13. The maximum number ofpersons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers') shall be twelve (12) individuals (three (3) individuals per bedroom.) 14. 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. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9`" day of June Two Thousand Twenty. June 9, 2020 13 ITEMIII.D.1 PLANNING ITEM#70336 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M. Dyer,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones and John D.Moss Council Members Absent: None June 9, 2020 OZ 1 00l 08 09 Ob OZ 0 l 0 laaj Buipong s aJsiyanuQ loi Oui ed .49 tik an uand al)uellV uanOS SE9 6u uoZ cv AJo6aJ9 auud yoagezi13 ails r , \--- \ , _______. --.._ , r______L_______ __,__ . '''',., ., c, 0 iVei t1 - ,_-�Jew,--^"'"_ a) a) -- r fe, G. , ,_,.. _ VcT4 ' d ,-,---:..._._::___-i_-___.-,. co § e:// ....--- C '.--.— , II 14 ITEM IILD.2 PLANNING ITEM#70337 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of DONALD ROBERTSON for a Conditional Use Permit re short term rental at 41716`"Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DONALD ROBERTSON for a Conditional Use Permit re short term rental at 41716`h Street(GPIN 2427066534)DISTRICT 6—BEACH The following condition shall be required: 1. 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. 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. 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. June 9, 2020 15 ITEM III.D.2 PLANNING ITEM#70337 (Continued) 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 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 ofpersons on the property after 11:00p.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. 16. The garage apartment cannot be used for Short Term Rental. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 96' day of June Two Thousand Twenty. June 9, 2020 16 ITEM III.D.2 PLANNING ITEM#70337 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott,Michael F. Berlucchi,Mayor Robert M. Dyer,Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones and John D.Moss Council Members Absent: None June 9, 2020 OZ I. 00l 08 09 Of OZ O L 0 pad 6wpIPS S aislyanup Ya1 6upped Sr ,� laaAlS 4191, 11,17 6uluoz II uosliagoj pl euoQ an V. 4 ti \ \ \ i ', ---------\\ SS-21 , , \-------", ii I I aaa�S9V _�-- ' V''''A r w \ __ \0 .. f // _A \ V------ ':\ Zi'ici-V,, C h` V\\\ _ ' „ii,.., 7 r r di \ , l" \ _ ...: \ ' \l----- , No \ \ N I\ , 17 ITEM III.D.3 PLANNING ITEM#70338 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of MARTINPLAISTED/VB GETAWAY PROPERTIES, LLC for a Conditional Use Permit re short term rental at 1738 Baltic Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MARTIN PLAISTED / VB GETAWAY PROPERTIES, LLC for a Conditional Use Permit re short term rental at 1738 Baltic Avenue(GPIN 24270730526850)DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 1738 Baltic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall secure and maintain an additional leased parking space for the duration of the Short Term Rental use. The applicant shall provide proof of lease prior to the operation of the Short Term Rental use and at the renewal and/or expiration of each lease term subject to the review and approval of the Zoning Administrator. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 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. 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 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). June 9, 2020 18 ITEM III.D.3 PLANNING ITEM#70338 (Continued) 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 ofpersons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three(3) individuals per bedroom. June 9, 2020 19 ITEM III.D.3 PLANNING ITEM#70338 (Continued) 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. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9`h day of June Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones and John D.Moss Council Members Absent: None June 9, 2020 impompopi..___Itios _ \ . __--- - o x..., I ; 1\('' - Q $ 0...i 5) ,....------4 I 0. 1 \ 5.,. c., Baltic Avenue .r t% C, c 000' .8.1 % S‘; ''‘ ''‘ -. c 10 WI aink II) li i f'co \ W III* V ,\N, c‘s co \ co co 0 ____, -------°----------- c co (I) r•----fill. \ 1-1; S' t4.1 o \ - al cn eh. N 0. fit 20 ITEM III.D.4 PLANNING ITEM#70339 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of MARTIN PLAISTED/ARCTIC TRIDENT, LLC for a Conditional Use Permit re short term rental at 338 25 '/2 Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MARTIN PLAISTED/ARCTIC TRIDENT,LLC for a Conditional Use Permit re short term rental at 338 25 '/2 Street(GPIN 24280030615210) DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 338 25 '/z Street and the Short Term Rental use shall only occur in the principal structure. 2. 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. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 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 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). 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 notes 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. June 9, 2020 21 ITEM III.D.4 PLANNING ITEM#70339 (Continued) 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. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9" day of June Two Thousand Twenty. June 9, 2020 22 ITEM III.D.4 PLANNING ITEM#70339 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones and John D.Moss Council Members Absent: None June 9, 2020 ________Ii_illir '' i '1 ',,A " - 7-1; =__ ii. � V,^, y'„ c Ayenue .� o 0 QaCiti ♦,.., Averse _- ris paG�f�� t a 1 _ i -ter=-�,,,�, t O Co .-----_-,-;: ii-% , \, , ,\ 1 v 'c O N 1� IPII: ir 011 ® O \ 0 , ____•••••04,4:-..sv. \ • .,.. .4,"kk., ' ' 4.1 ---- ofr .0 _ , , NN, k, oi ' ‘ - - N ','., --.• illikk------ t\*.N‘ * `-‘77\\\ .th Ce r\N„, .,,,. , • ,.. \ ... 1 ,\ % _____------ 0 i .,NsS - \A 1, ca w , .0, __mi..' Or ‘1%, zi N`N 'tiA E cv -', T. Q511 a\ ,\*., (Ni .* k.‘,\A ets 00 N .. } __.......a__--------TO\ . ('' ‘N'k4,,‘\\ '„. o VW - .,., Ilk\. '14$,,,,,,,,A i N a CMG A erg + - N r- .. 0 di .F., \_____,3<ri 111 _------- - ' D g If►'; .� N, p►I►e \ 77----- - ciNi a, CS\ ... \, - ,, '. -----<-\-------1 .\ (-7, soli Et im 5 _.-------1----" ''0,.. .. .4., cz--- 4) =� - ' Y, 0 ----r- .r.- \ • .. • O ... ,,,.._____ct___I____--- . 4 0 ik _ in M tV - %n t1[� �n . m IJ . �_ __ _ 23 ITEM III.D.5 PLANNING ITEM#70340 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of HANGER HOLDINGS, LLC for a Conditional Use Permit re short term rental at 207 12th Street, Units 1, 2, 3, 4 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA HANGER HOLDINGS,LLC for a Conditional Use Permit re short term rental at 207 12th Street, Units 1, 2, 3, 4 (GPIN 2427251422) DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 207 12th Street Units 1, 2, 3, 4 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 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). 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 June 9, 2020 24 ITEM III.D.5 PLANNING ITEM#70340 (Continued) 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 ofpersons on the property after 11:00p.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. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 91h day of June Two Thousand Twenty. June 9, 2020 25 ITEM III.D.5 PLANNING ITEM#70340 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones and John D. Moss Council Members Absent: None June 9, 2020 , , , gill" \)\\\II 0 \ , •4,/,', ,.. 15 co A _ , . Nt1an cs,c. Mentle 0 ptlant-lc c. co .... •••••••.- (ct ..-- Nt ______ Er----------- el _____-_ -------- ------- o . ,\ 0 - \ _,---- ______---------------..krn . \ • -J " _______ „..,,-._-_- 1 ,7-__ _ liZO- -N\ -Z\NI v..C4 \ \ Cn 0 , 01 :IP , , _-______-__-___ .0 C _N *N7*-- C) x . _ __— ''i V , 4-, 0 0 it ', I 0 , _— 1.- , C.\ th- 4-• ____---- 0 U) `t, ---- CY) im .0 •••• +0 _ ----___---__.--- CO CNI I ellerk 101 ve a • _ ,•_, ___..• pact % CSI g ___—__ ------ --:- --- ---------- 0 1\? -----\ ...., . 0 * +6 C41 -J 0 — 26 ITEM IILD.6 PLANNING ITEM#70341 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application ofMARYANN COX for a Conditional Use Permit re short term rental at 905 D Pacific Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MARY ANN COX for a Conditional Use Permit re short term rental at 905 D Pacific Avenue(GPIN 24272444110995)DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 905 D Pacific Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall secure and maintain an additional leased parking space for the duration of the Short Term Rental use. The applicant shall provide proof of lease prior to the operation of the Short Term Rental use and at the renewal and/or expiration of each lease term subject to the review and approval of the Zoning Administrator. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 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 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). 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. June 9, 2020 27 ITEM III.D.6 PLANNING ITEM#70341 (Continued) 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.:00p.m. or before 10:00 a.m. 16. The maximum number ofpersons 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. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9`h day of June Two Thousand Twenty. June 9, 2020 28 ITEM IILD.6 PLANNING ITEM#70341 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M.Henley, Louis R. Jones and John D.Moss Council Members Absent: None June 9, 2020 11 \\\ ,, .,,,,,,.%.ii4i/5. ' C 'I. I . 81 en ' i ' i' II 1 -�" 101h street1111 r 1 I ; ,, "P ',. ,,\ \ \\.,4 \ . R _ _ ckii R-5S oR/ , , 1 � 4 1; % --- .- , e R ��, A-1�8\-----''- ' ` p , ,,�,.�# /'r//�/ c 1 ",-/-"OR. ,1404' ,r /// =)\ OR __-______- Screeoli • ' WIIII \, �� ortolk Avenue gtih C_Rioli _�, ti ,� , ii \ \ , CA -A* 1 ..-----------:‘ , 0 OR '`'. R-5_S- 4 C____ \ C. 0 suite Mary Ann Cox WA site 905 D Pacific Avenue ,\®1-- Qzoning Parking Lot Drive Aisle Building oto==== =mio Feet 0 25 50 100 150 200 250 300 29 ITEM III.D.7 PLANNING ITEM#70342 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of STEVE GOREHAM for a Conditional Use Permit re short term rental at 325 25`"Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA STEVE GOREHAM for a Conditional Use Permit re short term rental at 325 25`"Street(GPIN 24280030615010)DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 325 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-feet wide vehicle entryway opening, and always be accessible to the Short-Term Rental tenants. 4. As described in the parking plan submitted by the applicant titled, "325 25th Street Virginia Beach, VA 23451,Parking Plan,"and illustrated within the "Site Layout and Parking Plan"section of this report, two off-street, all-weather, hard surface,parking spaces are required and must be available to the Short-Term Rental occupants at all times while renting the unit. 5. 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. 6. 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. 7. 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). June 9, 2020 30 ITEM IILD.7 PLANNING ITEM#70342 (Continued) 8. 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. 9. If or when, the ownership of the property changes, it is the seller's responsibility to notes 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. 10. 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. 11. 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. 12. 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. 13. Accessory structures shall not be used or occupied as Short-Term Rental. 14. 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. 15. The Short-Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 16. 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. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number ofpersons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three (3) individuals per bedroom. June 9, 2020 31 ITEM III.D.7 PLANNING ITEM#70342 (Continued) 19. 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. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9`h day of June Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones and John D.Moss Council Members Absent: None June 9, 2020 i''\ t\ �\ A 2 met - s t i v, \ o ' \ R - ' ; .,3, _ _____- - t„-s- - Cf; \ \, ' \ '' •I 714. . ' 1111_, : 1 - -- , .13 ,\\--A, .,,C1 \ — to, - -V111, 111' ---- a' --",:,:,1"..)/ 111 la." - R \2\___,Vp -i - , ,. ' ____- -e, - 0 ,..]----- 0,-.4927f ,e' , 0 ,-....„\\ ---c-\ 6) . --- �� :ii�- gee ~ > i �/ c ' - Ilit3 no; *�. . %�, .j/am�'rr -CI 1 1- C-\\,A 12 �_� //, , Ara '' - - A,C cv „A - Street d t A-36 tt._. ---- -- - - 25th -1 .. ---.- OR: A-12 _--------'-- ---L\ B 25t1, Street ' — --- - \ _.--- OR ► � , te- ., — A`12 A � 4. \ 71R5 * ' om .-,_.� �'''� AR ,`Suite Steve Goreham Site 325 25th Street ,'*` ME Zoning Parking Lot Drive Aisle Building Feet 0 20 40 80 120 160 200 240 32 ITEM IILD.8 PLANNING ITEM#70343 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of RICHARD FLEMING for a Conditional Use Permit re short term rental at 2937 Arctic Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RICHARD FLEMING for a Conditional Use Permit re short term rental at 2937 Arctic Avenue (GPIN 2418919560)DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 2937 Arctic Avenue 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 always be accessible to the Short Term Rental tenants. 4. As described by the applicant in the "additional information"section of page 4 of the application and illustrated within the "Site Layout and Parking Plan"section of this report, three off-street, all-weather, hard surface parking spaces are required and must be available to the Short Term Rental occupants at all times while renting the unit. 5. 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. 6. 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. 7. 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). 8. 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. June 9, 2020 33 ITEM III.D.8 PLANNING ITEM#70343 (Continued) 9. 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. 10. 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. 11. 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. 12. 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. 13. Accessory structures shall not be used or occupied as Short Term Rental. 14. 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. 15. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 16. 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. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10.•00 a.m. 18. The maximum number ofpersons on the property after 11:00p.m.and before 7:00 a.m. ("Overnight Lodgers')shall be three(3) individuals per bedroom. 19. 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. June 9, 2020 34 ITEM III.D.8 PLANNING ITEM#70343 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9th day of June Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley,Louis R. Jones and John D. Moss Council Members Absent: None June 9, 2020 i -- _ t —s t \ \ \ \ • f 0 le , 0 ' OR �'� F vR - .___________:_\ C------- .._ ., \.'''''..'"'*------ ...., \ o ill OR C m • • Richard Fleming r. Si1e 2937 Arctic Avenue " 0 ' NE Zoning s Parking Lot Drive Aisle Building Feet 0510 20 30 40 50 60 35 ITEM III.D.9 PLANNING ITEM#70344 The following registered to speak: Justyce Swango, (Applicant) was unable to participate via WebEx due to technical difficulties but did participate via telephone and stated she was available to answer any questions. A motion was made by Council Member Tower, seconded by Council Member Rouse, to APPROVE the Application of JUSTYCE SWANGO/JAAG INVESTMENTS, INC. for a Conditional Use Permit re short term rental at 521 Carolina Avenue DISTRICT 6—BEACH Voting: 4-7(MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Jessica P. Abbott, Aaron R. Rouse, Guy K. Tower, and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,John D.Moss,Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: None June 9, 2020 36 ITEM III.D.10 PLANNING ITEM#70345 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of KEVIN D. BRYAN for a Conditional Use Permit re short term rental at 209 South Birdneck Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KEVIN D. BRYAN for a Conditional Use Permit re short term rental at 209 South Birdneck Road(GPIN 2417428456)DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 209 South Birdneck Road 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 always be accessible to the Short Term Rental tenants. 4. As illustrated within the "Site Layout and Parking Plan"section of this report,five off-street, all-weather, hard surface,parking spaces are required and must always be available to the Short Term Rental occupants. 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 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). 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. June 9, 2020 37 ITEM IILD.10 PLANNING ITEM#70345 (Continued) 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 ofpersons 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. June 9, 2020 38 ITEM III.D.10 PLANNING ITEM#70345 (Continued) This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9`h day of June Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones and John D.Moss Council Members Absent: None June 9, 2020 i '/ 77- ' _,C '' N1P:ib, i � t .�p lI C \\f �1 , 5l O . . _ , /47.—\IV ' '' - _ - T - - ._ ., '. � eaitree -t_ ____ "\c \Oo_ 1 i' s � - i - ._- i � F =7.�p . _1 .t IiD � - � _� _ I O , ,, ,,_ , , i -ici:)\ .\<:)\ i ii-i <>/ I \ - \ 0 il _____,--ti 1 - - 411 / R1:01r4 ' li. .4''' 0 \ ' ---______ '.. _ At A.... 40 lc \ i ;, Ill /� t __1 ❑ - Q A.-1/ Ci:ccif I .. . . A=1 771# Deer Creek Drive I"1* `. r / \ L \ R-10 15 4 j 1 �L Kevin D. Bryan 4h, Site 209 South Birdneck Road " ‘W i _ Zoning Parking Lot DnveAsle Building Feet 0 25 50 100 150 200 250 300 39 ITEM IILD.11 PLANNING ITEM#70346 The following registered to speak: Joshua Coe, (Applicant), 381 Edwin Drive, Phone: 352-2237, spoke in SUPPORT Upon motion by Council Member Tower, seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED, Application of JOSHUA J. COE, TRUSTEE/JOSHUA & KIMBERLY COE JOINT REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 407 18th Street, Unit D DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JOSHUA J. COE, TRUSTEE/JOSHUA & KIMBERLY COE JOINT REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 40718th Street, Unit D(GPIN24270763310004)DISTRICT 6—BEACH The following condition shall be required: 1. The garage must remain accessible to the Short Term Rental tenants to provide for 2 parking spaces. 2. The following conditions shall only apply to the dwelling unit addressed as 407 18`h Street Unit D and the Short Term Rental use shall only occur in the principal structure. 3. 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. 4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 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 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). 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. June 9, 2020 40 ITEM III.D.11 PLANNING ITEM#70346 (Continued) 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 ofpersons on the property after 11:00p.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. June 9, 2020 41 ITEM III.D.11 PLANNING ITEM#70346 (Continued) This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9th day of June Two Thousand Twenty. Voting: 6-4 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,Aaron R. Rouse, Guy K. Tower and Rosemary Wilson Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, John D. Moss and Vice Mayor James L. Wood Council Members Abstaining: Sabrina D. Wooten Council Members Absent: None June 9, 2020 fc.'1,..„: wk-B c coCity of Virginia Beach z OF OUR 10A31d V VBgov.com Sabrina D.Wooten CELL:(757)797-5625 Council Member P.O.Box 6665 District 1-Centerville VIRGINIA BEACH,VA 23456 EMAIL:swooten@vbgov.com Refer to File No. 0067409 June 9, 2020 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Joshua J. Coe, Trustee for the Joshua and Kimberly Coe Joint Revocable Living Trust, for a conditional use permit for a short term rental at 407 18th Street, Unit D. 2. Attorney Coe recently represented me in a legal manner. 3. I have chosen to abstain from voting on this matter. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, _.5,444, r,..., ') Sabrina D. Wooten Councilmember SDW/RRI 00E 09Z 00Z 091 001. 09 9Z 0 laa.d 6wpung aIsIy anlO lot 6uixied s bin uoz ,, a zi u n laailS 4181. LOb al,s as;snag `aoa •r enysor al,ns\.,..N\ -----' - N ) IP \ 1 i %Ali l S 1 t :colon', \ Ittooks, 'kill 1, II o _---- di. Qa11S AS qi" \ \ © la\ NW-- ,i c.:,\ \S. ellit ''\ ' '''' _____-_,--- - -----i---iniiii*-11-- 1101‘' 0 \,',‘,\ i--- _---- il tiO 1111.4 . 0 .:,------101 'yip\ '''',,„ ' -1--------1.:-J ; '{-----:11., 131k- 111111 f 0 \\ *0 ''',7 iri —11111114 ei $4 , �B� S �s ITAIS fif�9 ~ y`ti0 0' 1 , ,_ - \ 4; '''' 0 10...-r_________- , 0 c30 ,,c1193 Algret, ,, Opt -_, . \ 7 I ,I V r Orwl**--;16::::M. �Qal�S t' . ie 0 ' ' it \ ' 0 , IL _ i., '4 \i/ ' . , ,,,,--e _ IL 1 \\% Qaa�S u i a 42 ITEM IILD.12a PLANNING ITEM#70347 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of CHRISTOPHER TAING / THENG TAING for Conditional Use Permit re short term rental at 417 20`"Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CHRISTOPHER TAING/THENG TAING for Conditional Use Permit re short term rental at 417 20th Street(GPIN 2427084010)DISTRICT 6— BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 417 20t Street and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall complete the necessary improvements and obtain a driveway permit to access the property from the alley (20`" V Street). All vehicular ingress/egress and parking shall be from the alley. In addition, should the ownership of 417 20`" Street and 421 20th Street change, the property owner of 421 20`" Street shall install vehicular access from the alley and the minimum number of parking spaces required for the duplex and Short Term Rental. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 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 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). 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. June 9, 2020 43 ITEM III.D.l2a PLANNING ITEM#70347 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notes 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 (reworks), 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 ofpersons 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. June 9, 2020 44 ITEM III.D.12a PLANNING ITEM#70347 (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 91h day of June Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M.Henley, Louis R. Jones and John D.Moss Council Members Absent: None June 9, 2020 l ` y \ \ t li_ c) L- .,ep E . O , S i .r _________\ ________ ., t, in , _ .o ce 8 \ \ A ---":11. N ? __ N .---\ ___ l ra .... ''''''' % ....A 4‘ VO�� .ea U \ __._ , Ce \ _---'-----\, \ .., s a •- N N - d I . , a° 0 __ \, cf) , _,....._ \\\ \ _.----'-- \ C3 \ _____._,.._.„.. ---- i `}. 0 y Q e� - a‘ lC Av N a m _� __ • = G-1 45 ITEM IILD.12b PLANNING ITEM#70348 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of CHRISTOPHER TAING / THENG TAING for Conditional Use Permit re short term rental at 421 20`"Street, Units Al &B2 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CHRISTOPHER TAING/THENG TAING for Conditional Use Permit re short term rental at 42120`"Street, Units Al &B2(GPIN 2427083080) DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 421 20th Street, Units Al &B2 and the Short Term Rental use shall only occur in the principal structure. 2. The applicant/owner shall complete the necessary improvements and obtain a driveway permit to access the property from the alley (20`" '/2 Street). All vehicular ingress/egress and parking shall be from the alley. In addition, should the ownership of 417 20`" Street and 421 20`h Street change, the property owner of 421 20`" Street shall install vehicular access from the alley and the minimum number of parking spaces required for the duplex and Short Term Rental. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 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 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). 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. June 9, 2020 46 ITEM III.D.12b PLANNING ITEM#70348 (Continued) 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. June 9, 2020 47 ITEM III.D.12b PLANNING ITEM#70348 (Continued) This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9`h day of June Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley,Louis R.Jones and John D.Moss Council Members Absent: None June 9, 2020 ->‘:--_. ........ „. -4-.) •c Pi ..,- ...,____ _ ._, , co u_ c, i......-----0 ...,..,_-.--- LC) t cr- , I\ 40Ili CO CV CO I .- (r) ' 1 ' ', \ -_---- . a) ----- .G . 0 1 8 _.-------- C4- ,• ------- Et -• -- _...--, I a __ 0 _____-,, . ,e3 III„,.0----- CV vl _ --- - . -1 , --- CO a) -- _. i... __---------- co __— 1 ••wor!'" ? ----C1---° ..' \ ________\ \ CD W''' __---------- r (X -- I-- • .. , t.. .. _ .... 0 • It\ ' A 0- 42) 0 4) 00 'N.:.0° - -: '----- c4 •r. ci) _ __ U 4- , 0. CN1 ' SI ., — .,\ • CNA.,, , V entle , Ba‘tic _ & nue do•ii . ------------- . ve WI ' 1114•••••••!1_00°__I_______- --,\\ s\jr - saxtIc r' .. 1.etrue . . boi 1 \\ eaxtic — _ __. ., -- ..... .... 4.) - \ i, --.....,._ , CO(4) s,\t__:j,„,,o c___. ...----.\ 40 = __.k --0 0\ --___,, (ED i, t 75 U. ' V". - -- , ....)\ ___\ •_----'- - 0 , tr) C4 \ Ch al 0) c C 404 • ---- 1 ..•-._- S , I------ _ \ __._-• _______--________----s, ,- 0 0 , . 48 ITEM III.D.13 PLANNING ITEM#70349 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of SHIPLAP COTTAGE — THE COVE, LLC/ RITAMARIE SEARLES for a Conditional Use Permit re short term rental at 201 87th Street, Unit A DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SHIPLAP COTTAGE—THE COVE,LLC/RITAMARIE SEARLES for a Conditional Use Permit re short term rental at 201 87`" Street, Unit A (GPIN 2510511390)DISTRICT 5—L YNNHA VEN The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 201 87`" Street, Unit A and the Short Term Rental use shall only occur in the principal structure of Unit A. 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 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). 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 June 9, 2020 49 ITEM III.D.13 PLANNING ITEM#70349 (Continued) 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 10:00p.m. or before 10:00 a.m. 15. The maximum number ofpersons on the property after 11:OOp.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. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9th day of June Two Thousand Twenty. June 9, 2020 50 ITEM III.D.13 PLANNING ITEM#70349 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones and John D. Moss Council Members Absent: None June 9, 2020 ------ _ \ _ _ L __---- \.___-x-‘0::\ ii'-.-10 4 A41&_ -i) U- 0 , ______\ \______ __ L- --‘ , -. .c\.,1 In QIIII .- \1 1', ini _.'t"'L___s____1___D'. __ \ co co Tc) ,e co IuiI 4 _ � 6 0 -- f i pttant'c A- ti — __- U e,nV►6 ------- ( ___,- 1_�-- _ =r -�` _ F -_- v c 1.i.ilionlk \ \ I— 0 _ z _____— lio s.z.: ‘ \ . 4_, .\kr ' \ $ I ,... a 0, te .rC-.1--3' 0 •. I ‘11-ligli::::--- -- ----,,__ T. PIM \____---A___ .._\ \ t • N t j Li__ N • 'C .ip•V:= -.\ ---- ________L, \ \ *6 0 I,. .-- \,,,,\ \ A co c c '' tit } - to IftWJU 51 ITEM IILD.14 PLANNING ITEM#70350 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of JACKIE YOST for a Conditional Use Permit re short term rental at 301 Winston Salem Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JACKIE YOST for a Conditional Use Permit re short term rental at 301 Winston Salem Avenue(GPIN 2427220621)DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 301 Winston Salem Avenue 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. 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. 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 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). 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 notes 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. June 9, 2020 52 ITEM IILD.14 PLANNING ITEM#70350 (Continued) 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. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 91" day of June Two Thousand Twenty. June 9, 2020 53 ITEMIII.D.14 PLANNING ITEM#70350 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones and John D.Moss Council Members Absent: None June 9, 2020 ‘ . Er)N ' rij ci d S O 4 (x) IC) L\........I\ ,...................0.0 rS' 1 o o ---'--------3._(41) , _ , , 5,.. o a _____ poi-hw8 `_� s _ c %0 \ , k9. 0 ir o , ,,, , i"0tt, , • ,\\ . ix x I 11W i‘, \ . \\ 03) \\t, r."--2--------- Cil 1 , 00 ______--- 40' ----lr'0 , * \ !----- jf— ti \ Q 110 _ 'A o __ 1 J t� , 0 - V I 1:3) 1:31 _ ASO- C 'Y D Co• N\\ \ek ti �� Cl) a m to \ (I 5 ' 54 ITEM III.D.15 PLANNING ITEM#70351 The following registered to speak: Susan Markley, (Applicant)spoke in SUPPORT Upon motion by Council Member Tower, seconded by Council Member Abbott, City Council APPROVED, AS CONDITIONED,AS AMENDED, Application of SUSAN E. MARKLEY/SUSAN E. MARKEY& LOUIS E. GORMAN for a Conditional Use Permit re short term rental at 62914`"Street DISTRICT 6— BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SUSAN E. MARKLEY/SUSAN E. MARKEY& LOUIS E. GORMAN for a Conditional Use Permit re short term rental at 62914`h Street(GPIN 2417956596)DISTRICT 6—BEACH The following condition shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 629 14th 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. 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. 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 notes 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 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). 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. June 9, 2020 55 ITEM III.D.15 PLANNING ITEM#70351 (Continued) 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 10:00p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00p.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. June 9, 2020 56 ITEM IILD.15 PLANNING ITEM#70351 (Continued) 18. "At the June 9, 2020 City Council Meeting the applicant agreed to only advertise this property as a one(1) bedroom." This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9th day of June Two Thousand Twenty. Voting: 9-2 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Louis R.Jones Council Members Absent: None June 9, 2020 _--- I %� i y- f- ,\\ _f 0__r___"_._1_—_--_r-0-----0------.-- ----0--------gC-i- —\--tNI-i-1 N—k-.,--- i\ArI-,\'-, ;, 1 1.1.1„,,,:.11/!.. _____-\___-i„-__,--_-_i—,-___,,_1__-_-____--___---_____--" i4>W5).: ;412.,.;1. 0 ` M —�` `_ ky1J cv ) r i t Cl) \ ?N W \ 1N \ , k ... 4 A-- -----1- 101. Cypres\ \ 1 \ % , CI ' t2 a C 4 \ o \ \---- o Ltd c .6 - s c 57 ADJOURNMENT ITEM#70352 Mayor Robert M. Dyer DECLARED the City Council SPECIAL FORMAL MEETING ADJOURNED at 7:12 P.M. • rrz • us Chief Deputy City Jerk Ads, MMC Robert M. Dyer City Clerk Mayor June 9, 2020