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Home My WebLink AboutJUNE 9, 2020 SPECIAL SESSION MINUTES 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