No preview available
HomeMy WebLinkAbout07-14-2020 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0-141A Btcy MAYOR ROBERT M. "BOBBY"DYER,At Large VICE MAYOR JAMESL. WOOD,Lynnhaven-District 5 64 ,.P1 ' JESSICA P.ABBOTT Kempsville-District 2 >. / MICHAEL F.BERLUCCHI,Rose Hall-District 3 V � - BARBARA M.HENLEY,Princess Anne-District 7 Se" LOUIS R.JONES,Bayside-District 4 (_ ` ?: JOHND.MOSS,At Large AARON R.ROUSE,At Large °• o , ,..°"' GUYK.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE ACTING CITY MANAGER-THOMAS M.LEAHY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR July 14, 2020 FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMA]VDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 2:00 PM 1. COVID-19 PUBLIC SAFETY UPDATE Erin Sutton, Director—Office of Emergency Management Steve Cover, Deputy City Manager 2. POTENTIAL SHORT-TERM PARKING LEASE AT LYNNHAVEN MUNICIPAL MARINA Michael Kirschman, Director—Parks and Recreation 3. PENDING PLANNING ITEMS Bill Landfair, Planning Evaluation Coordinator Kevin Kemp, Zoning Administrator II. CITY COUNCIL DISCUSSION 1. LEGISLATIVE ISSUES FOR GENERAL ASSEMBLY SPECIAL SESSION 2. NOVEMBER REFERENDA III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - City Council Chamber- 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION July 2, 2020 2. INFORMAL and FORMAL SESSION July 7, 2020 G. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY a. Short-Term Parking Lease(24 spaces) at Lynnhaven Municipal Marina to Chick's Marina Properties, LLC b. 2200 Parks Avenue to the Virginia Museum of Contemporary Art(MOCA) H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES 1. Ordinance to ACCEPT and APPROPRIATE $30,000 from Cities of Financial Empowerment Fund, Inc. to FY2020-21 Parks and Recreation Operating Budget re virtual financial empowerment classes 2. Ordinances to APPROPRIATE: a. $638,952 to FY2020-21 Clerk of Circuit Court Operating Budget re technology related expenses b. $2-Million to FY2020-21 Human Services Operating Budget re taxpayer relief programs J. PLANNING 1. TIMOTHY HANDLON for a Conditional Use Permit re short term rental at 4504 Ocean View Avenue DISTRICT 4—BAYSIDE (Deferred from July 7, 2020) RECOMMENDATION: APPROVAL 2. CAYMUS PROPERTIES, INC. for Conditional Use Permits re short term rentals at: a. 5870 Northampton Boulevard b. 5872 Northampton Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. LEONARD LYON for Conditional Use Permits re short term rentals at a. 8709 Atlantic Avenue b. 116 86th Street DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 4. MERRY WHITE for a Conditional Use Permit re short term rental at 8006 Atlantic Avenue DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 5. 3300 ARCTIC AVENUE, LLC for a Conditional Use Permit re short term rental at 3300 Arctic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. HARSHIT DUA for a Conditional Use Permit re short term rental at 716 16th Street, Unit A DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. POOCHIE, LLC for Conditional Use Permits re short term rentals at 208 27th Street: a. Unit 201 b. Unit 202 c. Unit 203 d. Unit 204 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. VB VIBE, LLC for a Conditional Use Permit re short term rental at 1728 Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. 21st DEVELOPMENT,LLC for Conditional Use Permits re short term rentals at: a. 417 21st Street b. 419 21st Street c. 417 21 th Street d. 419 21 t/2 Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. OCEAN RENTAL PROPERTIES, LLC for Conditional Use Permits re short term rentals at: a. 607 20th Street b. 609 20th Street c. 611 20th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW & ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD CONVENTION & VISITORS BUREAU COMMUNITY TASK FORCE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw(avbgov.com or call 385-4303. I. CITY MANAGER'S BRIEFINGS - City Council Chamber- 2:00 PM 1. COVID-19 PUBLIC SAFETY UPDATE Erin Sutton, Director—Office of Emergency Management Steve Cover, Deputy City Manager 2. POTENTIAL SHORT-TERM PARKING LEASE AT LYNNHAVEN MUNICIPAL MARINA Michael Kirschman, Director—Parks and Recreation 3. PENDING PLANNING ITEMS Bill Landfair, Planning Evaluation Coordinator Kevin Kemp, Zoning Administrator II. CITY COUNCIL DISCUSSION 1. LEGISLATIVE ISSUES FOR GENERAL ASSEMBLY SPECIAL SESSION 2. NOVEMBER REFERENDA III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - City Council Chamber - 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION July 2, 2020 2. INFORMAL and FORMAL SESSION July 7, 2020 G. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY a. Short-Term Parking Lease(24 spaces) at Lynnhaven Municipal Marina to Chick's Marina Properties, LLC b. 2200 Parks Avenue to the Virginia Museum of Contemporary Art(MOCA) Ut-a si S PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property on July 14, 2020 at 6:00 p.m.in the Council Chamber of City Hall (Building #1) at the Virginia Beach Municipal Center, Virginia Beach,Virginia. The purpose of this hearing will be to obtain public comment on the City's proposal to lease the following property: 24 Parking Spaces at the Lynnhaven Municipal Marina located at 3211 Lynnhaven Drive (GPIN:1489-98-2246)to Chicks Marina Properties, LLC (a/k/a Chick's Oyster Bar) If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385 4303;Hearing impaired call 711. Any questions concerning this matter should be directed to the City's Department of Parks& Recreation, 2154 Landstown Road, Virginia Beach,VA 23456(757)385-1100. Any citizen wishing to make comments virtually during the public hearing should follow a two- step process provided below: •Register for the WebEx at: httos://vbeov.webex.com/vbEov/ons Taee/goho?MTID=e6a01bld2dba1 7a49ea21a67f54a93ddk •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@vbgov.com prior to5:30p.m.on July 14,2020 All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon:July 5,2020 I 4,,. ..,...„.,, u s M. }y,, i ,si ...,„ „.„....,....„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to Five Years with Chick's Marina Properties, L.L.C. (a/k/a Chick's Oyster Bar) for 24 Parking Spaces Located at the Lynnhaven Municipal Marina PUBLIC HEARING: July 14, 2020 (MEETING DATE: July 21, 2020 • Background: The City of Virginia Beach (the "City") owns property located at 3211 Lynnhaven Drive (GPIN: 1489-98-2246), known as the Lynnhaven Municipal Marina (the "Marina Property"). Chick's Marina Properties, L.L.C., a Virginia limited liability company ("Chick's"), owns property located at 2143 Vista Circle (GPIN: 1489-88-9038), known as Chick's Oyster Bar, which is adjacent to the Marina Property. In 2014, while Chick's parking lot was being renovated, and in 2018, while the City performed bulkhead repairs, Chick's and the City entered into short-term parking agreements for Chick's use of parking spaces at the Marina Property. In May 2020, Chick's and the City entered into a temporary parking agreement for the use of 24 parking spaces until a request for a formal lease could be brought before City Council for consideration. Chick's desires to enter into a formal lease agreement with the City for 24 parking spaces at the Marina Property (the "Lease"), as shown on Exhibit A attached to the Ordinance. • Considerations: The Lease would be for a term of 6 months (April through September), with the option to extend on a month-to-month basis during the off- season. The Lease would include 4 additional renewal options upon the mutual agreement of the parties, not to exceed 5 years total. Chick's has agreed to pay $50 per space, per month. Terms and conditions of the lease are more specifically set forth in the Summary of Terms, attached to the Ordinance as Exhibit B. • Public Information: A public hearing will be advertised on July 5, 2020 in The Virginian-Pilot. The public hearing will be held on July 14, 2020. Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the Lease as presented, modify the terms of the Lease, or deny the Lease. • Recommendations: Approval • Attachments: Ordinance, Location Map (Exhibit A), Summary of Terms (Exhibit B), Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Parks & Recreation "1`4 City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE YEARS WITH CHICK'S MARINA 4 PROPERTIES, L.L.C. (A/K/A CHICK'S OYSTER 5 BAR) FOR 24 PARKING SPACES LOCATED AT 6 THE LYNNHAVEN MUNICIPAL MARINA 7 8 WHEREAS, The City of Virginia Beach (the "City") owns property located at 3211 9 Lynnhaven Drive (GPIN: 1489-98-2246), known as the Lynnhaven Municipal Marina (the 10 "Marina Property"); 11 12 WHEREAS, Chick's Marina Properties, L.L.C., a Virginia limited liability company 13 ("Chick's"), owns property located at 2143 Vista Circle (GPIN: 1489-88-9038), known as 14 Chick's Oyster Bar, which is adjacent to the Marina Property; 15 16 WHEREAS, in 2014 and 2018, during various renovation and repair projects, 17 Chick's and the City entered into short-term parking agreements for Chick's use of parking 18 spaces at the Marina Property; 19 20 WHEREAS, Chick's desires to enter into a formal lease agreement with the City 21 for 24 parking spaces at the Marina Property (the "Lease"), as shown on Exhibit A 22 attached hereto and made a part hereof; 23 24 WHEREAS, the Lease would be for a term of 6 months (April through September), 25 with the option to extend on a month-to-month basis during the off-season, and would 26 include 4 additional renewal options upon the mutual agreement of the parties; and 27 28 WHEREAS, the terms and conditions of the lease are more specifically set forth in 29 the Summary of Terms, attached hereto as Exhibit B and made a part hereof. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That the City Manager, or his designee, is hereby authorized to execute a lease 35 agreement with Chick's Marina Properties, LLC, a Virginia limited liability company, for 36 24 parking spaces located at the Lynnhaven Municipal Marina as shown on Exhibit A, 37 attached hereto and made a part hereof, so long as the terms and conditions are in 38 accordance with the Summary of Terms, attached hereto as Exhibit B, and made a part 39 hereof, and such other terms, conditions or modifications as may be acceptable to the 40 City Manager and in a form deemed satisfactory by the City Attorney. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 43 , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: if« cv uhtAw4;vAws Parks & Recreation City Attorney APPROVED AS TO CONTENT: #`r4/6 Public Works / acilities Management CA 14867 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d017\p032\00591244.doc R-1 July 1, 2020 EXHIBIT A ,., S -mar -. ia- F qy '},;.' e 0 ste r I, • 1 Parkcing a 3` r / Y lr ao1 o • �� 4 'a ,r ‘- , . ,,, \, - -1E I � 1-3 ,d m ly ,- 70z �' 4 , '\V \N ^' t 7C \� i . 3 P po .I UD • , . r ', n r`� f I ok. VII 1 J R :\ „,,,,-.:ii-,:, �� � r fi ituiftw,,,, , , : tair.mair. . . , Lynnhaven Municipal Marina 1111111111 ` 3211 Lynnhaven Road EXHIBIT B SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") LESSEE: Chick's Marina Properties, L.L.C. (a/k/a Chick's Oyster Bar) ("Chick's") PREMISES: 24 Parking Spaces Located at the Lynnhaven Municipal Marina (in the locations as shown on Exhibit A) TERM: August 1, 2020 through July 31, 2021, with four (4) additional one-year renewal options. The Lease will only be effective for the months of April through September of each year, with the Lessee having the right to extend on a month-to- month basis on written notice to the City. RENT: $50.00 per space, per month RIGHTS AND RESPONSIBILITIES OF CHICK'S (LESSEE): • Parking spaces to be used for vehicle parking for Chick's employees (only) and for no other purpose. • Provide a certificate of insurance, naming the City as additional insured, with combined single limit coverage in the amount of $1,000,000. • Indemnify and hold the City harmless from of all claims related to the Premises. • Comply with all federal, state and local statutes, ordinances and regulations. • Pay all applicable taxes related to the Premises. • Keep the Premises free of all trash and debris. RIGHTS AND RESPONSIBILITIES OF THE CITY (LESSOR): • City will be responsible for normal and routine maintenance of the paved area of the Premises. TERMINATION: • The City may terminate upon giving seven (7) days' written notice to Chick's in the event of default of the terms of the lease. • Either party may terminate for any reason upon giving thirty (30) days' written to the other party. a. Virginia Beach APPLICANT'S NAME CHICKS MARINA PROPERTIES. L.L.C. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property . Disposition of City , I Modification of by City Property I Conditions or Proffers Alternative Economic Development I I Nonconforming Use Compliance, Spada! Investment Program Changes Exception for (EDIP) j Board of Zoning Encroachment Request Rezoning R ppeals I 1 Certificate of Floodpkkin '✓ariance Appropriateness ' Street Cl3sure (Historic Review Board) Franchise Agreement •Thesapeake Bay 'reservation Area ! Lease of City Property 5ubdivis'on Variance Board L....)nditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION I / APPLICANT DISCLOSURE Page 1 of 7 o l 1 1 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: CHICK'S MARINA PROPERTIE: If an LLC, list all member's names: MICHAEL S. ATKINSON CORY R. BEISEL If a CORPORATION, list the the names of al: officers, airectors, members, trustees, etc. below: (Attack list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) FIVE-0-1 SEA GRILL, INC. trading as Chick's Oyster Bar See next page fa irformation pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 lik/B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means ''a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, t`i) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared manaaement or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funas or assets; the business entities share the use or the same offices or employees or otherwise share activities, resources or personnel on a regular oasis; or there is otherwise a close working relationshic between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2 01. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT i-RE C!-FE?.cNT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach PROVIDER (use additional sheets if YES ' NO SERVICE i needed) XiAccounting and/or preparer of your tax return X Architect/ Landscape Architect / '--' , Land Planner Contract Purchaser(if other than ! X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property ,identify purchaser(s) and ?urc!tasar's service prov::iers) Xi Construction Contractors JXI Engineers / Surveyors/ Agents =i a�ic nc ;clt:de cirrent r---! f��1 .•:�cr:gaDa hollers and 'e- _rs _�7 selected or being considered to provide financing for acquisition c_::nst;.ictio of the pr- erty) XL.__1 _._ .___, •.. John W. Richardson, Esq./Wolcott Rivers Gates <ea. sate 6'"7kers — — l Ape"'.tc'rea1T-ors f0' cu!:�e:?t and iXl '--- _nt:cira:ed future sales 3f the Sub e i prcpe ty • SECTiON -4. INTEREST PUBLIC OFFICIAL OR EMPLOYEE YES NO Joys an official or employee of the City of Virginia Beach have 7n '-- :e:— - in the su::t c� land or zny proposed rlrvelopment cori_i7-1:ect on the st:b.ect public action? If yes, what is the '.a::.' cf tY:e :`ficia? or employee and what is the nature of the interest? Page 4 of 7 4111/4 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. 11 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prier to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. C hick's Marina Pn pertacs, `..I..t:. — -7- -- --- • 7011W 7- I . 2 :opuc.6!r_ S C' ?- ?Bir\'T NA'b1E DATE Cnn I: - Page S of 7 INB OWNER Virginia Beach YES I NO r SERVICE ( PROVIDER (use additional sheets if 1 — needed) XAccounting and/or preparer of ( ! your tax return �I Architect/ Landscape Architect / ' Land Planner Contract Purchaser (if other than X the Applicant)- identify purchaser and purchaser's service providers I .Any other pending or proposed h'7i purchaser of the subject property I 'identify purcaser(s) and purc'1aser's service proVc!ers) Construction Contractors X Engineers /Surveyors/ Agents =1e13i1e_Gg "....dude current ,nl "nr':gage holders anti !e-:ars selected or being considered to nroviae financing for acquisition •37 c:r.atract.cr, of the pr.: _erty) Se:-Aces John W. Richardson, Esq. Wolcott Rivers Gates Rea: Es:ate Brokers , IX! •,oe-:ts Realtors for current and =ntac';:a'zpc future sales o'the nubj,ct property SECTION 4. '<NC'ewk INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO IrI ;;oas an official or employee of the City of Virginia Beach have ir-Xi i ar. :i :_:e-� in tl-� s�y:��' land or any proposed development i cor_zinger,t on the sub, ;ct public action? If ,yes, what is the : ar-.e of the official or employee and what is the nature of the in erest? Page 6 of 7 11/4)B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been . ,cheduled for p :blic hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Chicks Marina Pro lerties,L.L.C. T f •Zd • 'WPERTY ONr:°'.'E 5;7V.>TJPE ?PINT NAME DATE Page 7 of 7 u•l4"b@�. �p3 + iir ei:I 4c�11 ' "I. ti` p PUBUC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the proposed leasing of City-owned property on July 14,2020 at 6:00 p.m. in the Council Chamber of City Hall (Building#1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this hearing will be to obtain public comment on the City's proposal to lease the following property: 2200 Parks Avenue(GPIN:2417- 88-0355)to the Virginia Museum of Contemporary Art CMOCX) If you are physically disabled or visually impaired and need assistance at this meeting,please call the City Clerk's Office at 385-4303; Hearing Impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center-(757)385-5659. Any citizen wishing to make comments virtually during the public hearing should follow a two-step process provided below: •Register for the WebEx at: httos://vbEov.webex.com/vbgov/onst pee/E.oho?MTID=e6a01b1d2dba17 949ea21a67f54a93ddb •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 July 14,2020 All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon:July 5,2020 c �•,N' , fK wmw j li CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to Five Years with Virginia Museum of Contemporary Art ("MOCA") for City-owned Property Located at 2200 Parks Avenue PUBLIC HEARING DATE: July 14, 2020 MEETING DATE: July 21, 2020 • Background: The City of Virginia Beach (the "City") owns property located at 2200 Parks Avenue (GPIN: 2417-88-0355), consisting of 9.617 acres of land, together with a 38,000 square foot building (collectively, the "Premises"). Since 1986, the City has leased the Premises to the Virginia Museum of Contemporary Art ("MOCA"). This ordinance will renew the lease agreement between the City and MOCA for a period of five years. • Considerations: Rent would be one dollar ($1.00) per year. The terms and conditions of the lease are set forth in the Summary of Terms attached to the Ordinance. • Public Information: A public hearing will be advertised on July 5, 2020 in The Virginian-Pilot. The public hearing will be held on July 14, 2020. Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve lease as presented, change terms of the lease or deny leasing the subject premises. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP 3 TO FIVE YEARS WITH VIRGINIA MUSEUM OF 4 CONTEMPORARY ART ("MOCA") FOR CITY- 5 OWNED PROPERTY LOCATED AT 2200 6 PARKS AVENUE 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 9.617 acres of 9 land and a 38,000 square foot building located at 2200 Parks Avenue (GPIN: 2417-88- 10 0355) (collectively, the "Premises"); 11 12 WHEREAS, the Virginia Museum of Contemporary Art ("MOCA") has leased the 13 Premises from the City since 1986 for the operation of its art museum; 14 15 WHEREAS, MOCA desires to renew its lease agreement with the City for the 16 Premises; and 17 18 WHEREAS, the City staff has determined that continuing to lease the Premises 19 to MOCA will benefit the community by providing a cultural experience to both residents 20 and tourists. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager, or his designee, is hereby authorized to execute a lease 26 for up to five years between the Virginia Museum of Contemporary Art and the City of 27 Virginia Beach for the Premises, in accordance with the Summary of Terms attached 28 hereto as Exhibit A and made a part hereof, and such other terms, conditions or 29 modifications as may be acceptable to the City Manager and in a form deemed 30 satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 33 , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works Bement City Attorney CA14869 \\vbgov,comldfr I\applications\citylaw\cycoro32\wpdocs1d025\p032\00647273.docx R-1 June 29, 2020 EXHIBIT A SUMMARY OF TERMS LEASE FOR THE USE OF 9.617 ACRES OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON LESSOR: City of Virginia Beach (the "City") LESSEE: Virginia Museum of Contemporary Art ("MOCA") PREMISES: Approximately 9.617 acres of City-owned property located at 2200 Parks Avenue (GPIN: 2417-88-0355), which includes a 38,000 square foot facility, known as Virginia Museum of Contemporary Art TERM: May 1, 2020 through April 30, 2025 RENT: One Dollar ($1 .00) Per Year RIGHTS AND RESPONSIBILITIES OF THE MOCA: • Use the Premises for art exhibits, related special events, receptions, meetings, art classes, and such other activities as will enhance the public's access to art and culture in the City of Virginia Beach, and for no other purpose. • Remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. • Maintain a sign during the term of the Lease, which shall give recognition to the City as a principal in the ownership and establishment of the Premises. • Maintain commercial general liability insurance with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City as an additional insured. • Assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. 1 • Pay all taxes assessed and due on the Premises, should the current exemption cease to apply to Lessee. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping. • Provide payment for all water, sewer, and stormwater utility costs and fees. • City may access the Premises at reasonable times, during normal business hours, for the purpose of inspecting or repairing the Premises; however, no notice need be given in the event of an emergency. TERMINATION: In the event of a default by the Lessee, Lessee has 45 days after written notification from the City in which to cure the default. If not cured, the City may terminate the Lease. 2 t s_' Q X— Z !� ` I- o Q t 11 mQ. o o �\ r..1 /nn; \\) No N 0 t :,-. ' ", \\,‘ _ t0 i Q H -._-,, 124:P1 i- j polo A ` i -- cD - : .\\\., 03° k-1 Ce t L V) LLJ Ll)LII 1i en o l 00 a °^0 s . Q I r ma. g j r: G N • €I - i Q i c Z •�5 :r Z d o< o n O C� 1 1"- aJ Q � _ �V CO 45 `3I,, V > m • 1 H L n 00 ch c, CI. o °° t 1 H co coa ¢ i . w .to r �� ` s I • x s - i 7•_","IwVj i...,r..))4..,,y,, -.6-.4-1,-1",'-,-4-,-- '— ''-' '.-----..-'-----4.2.4—-- \ - , • ._._„ N c-s1-------L1 ._:V•aa•. O ( ' , f. , ...., •,--4-.,,,t...,-•- ., ,\.." T 6 N —t • - 1 4 n : / f L 111 r f ! f ar •• O •• . 1 c,� o 1 r -. -g < _4 VI31fltOL Virginia Beach APPLICANT'S NAME I71a5 e wL of COO Fe rn a at r P y DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Flood plain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannino Commission and City Council meeting that pertains to the application(s). • APPLICANT NOTIFIED OF HEARING DATE • NO CHANGES AS OF DATE. REVISIONS SUBMITTED DATE: 4. K —.7,-}k " x :z -.?.- ,+� - +go- -,- -_ -•-. _ �') �.-, , 4_ ,r.fl fit% -,,,-rw 3" r .- Y s s -, « 3 r c- ..a,:,-r. . . rk1 - ARP f -. 7t•1. � c 0 Check here if the APPLICANT IS NOT a corporation, partnership, f rm, business, or other unincorporated organization. ErCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. 1 (A) List the Applicant's name: v VC. ��`p` Cr-NL''Se-�''r~T c:c C�-‘ce_r'-N r1 If an LLC, list all member's names: k<4'• If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) gyp,t., e-& �. a-, \--:�`-\• (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 ® 9 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. E Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. E Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_ I.fy o� �i rq,i n ia 13eack If an LLC, list the member's names: Page 2 of 7 • . • # •f tl! •. . , r 4i ; ...tie '_ i. .A �.• _fie 'F.Lr i r y�i .4 -. &.� :Wa r^f Ty a t i j ;W 3 t , .- `' "'gt' ii3: Y '. T.#1 t .: { 'i 9'= - -aw �'"'4, z yr ��� _ z £ fir..*�.+.R� �:4� 4j` — .eZ F Z _- ` ,._ - _. • GYM ...... pi9'.,e If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 5- 4,rxe1 1e • _ -s. E.e 77.L 04 • APPLICANT _ , . .__.---�__t. :: Virginia Beach, YES NO SERVICE PROVIDER (use additional sheets if needed) ITAccounting and/or preparer of your tax return El IT Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) glConstruction Contractors IiEngineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / 111 IT Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 171 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? No hw&Ver Vepu4 y ka nayeY, Ron Wiliains is h15+e-d 05 a -nru.5fee_ e f- MOGA Page 4 of 7 , • si`*:.-; r,!'1 1) i' ., , 1 • ? . ' :.'.., .. •( s,: ,„ ' . 1 1 • . • 1 • ' ?e t....->-'-r•-•1 a! • , ., , .., ... I ;-,...21 1 „. ro .1 • A r Ci . ,, 1 •• ,A. IA ^ i I. ......: . ,, o 1-•N, a '-S.t�.:�..��.,--G*at��`.31'�'".�Y "."'`�"s� G.:� t ..''�.++ �€-� �'�'�'�-- "o- :t r ^��,•,-1 y '_n'nc, J':st__ rt t- . 04- a�n 4Y-i, r Ms3 .0 z_ . .s • • 1,, �r CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA - meeting, or meeting of any public body or committee in connection with this Annlirntenn 4 APP S SI RE PRINT NAME DATE C 'h- 'nC,A'n 1-OX- •_ Page 5 of 7 • 11 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I 1 Accounting and/or preparer of I 1 your tax return Architect / Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current r� mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Name ICompan Address Email Phone S.ouse Scott Duncan The Capital Group Companies 701 Linkhorn Drive, scottduncan701@icloud.com 757-491-3161; Christina Duncan Chairman -Retired Senior Vice President Virginia Beach,VA 23451 757-670-4949(W) 1 General Manager Andrew Stello PRA Group-Vice President, 5712 Meer Street, astello@portfoliorecovery.com 757-641-7722(M); Elizabeth Stello Vice Chair Core Acquisitions Virginia Beach,VA 23451 757-961-3531 (W) Eden Jones Atlantic Shores-General 372 Dorsey Lane, 757-406-3336(M) Treasurer Manager/CFO Virginia Beach,VA 23451 ebj@otrera-enterprises.com Nicole Naidyhorski Kaufman and Canoles- 2416 Timber Mist, njnaidy@gmail.corn: 757-589-9244: 757- Secretary Marketing Director Virginia Beach,VA 23456 njnaidyhorski@kaufcan.corn 624-3295(W) Andrew Hodge Union Bank&Trust-Senior 3756 Little Neck Point, 703-216-8321 Kirsten Hodge Immediate Past Chair Vice President and Market Virginia Beach,VA 23452 Executive Andrew.Hodge@atlanticunionbank.com Meredith Rutter Rutter Family Art Foundation, 1913 Lynn Cove Lane, mamrutter@gmail.com; 757-481-3588 Brother Rutter At-Large Philanthropist Virginia Beach,VA 23454 meredithrutter@me.corn Vanessa Yearick Williams Mullen. PC, Partner 901 Holladay Point, vyearick@williamsmullen.corn, 757-473-5318(W) Will Yearick At-Large Virginia Beach,VA 23451 vanessayearick@gmail.com TRUSTEES - 111111111111. Connie McKenzie Stockmeier Senior Associate Vice 752 Virginia Dare Drive, mckenzcl@evms.edu 757-965-8500(W) David Stockmeier President, Deveplment, EVMS Virginia Beach 23451 Mark Nelson Cavanaugh Nelson, PLC 999 Waterside Drive,Ste. Mark@cavanaughnelson.com 757-578-4900(W) Ann Nelson 2250, Norfolk,VA 23510 Cynthia Rodriguez Bay Mechanical. Inc. 3116 Inlet Road, cindyr@baymechanical.corn 757-754-3675: Rod Rodriguez Virginia Beach,VA 23454 757-496-3515 Petra Snowden Acoustical Sheet Metal 3812 Whispering Oaks Place, petra.snowden@gmail.com 757-460-3149(H), Dieter Steinhoff Virginia Beach,VA 23455 757-839-2020(M) Larissa Trinder Children's Hospital of the 1510 N Shore Drive. larissatrinder@me.com 757-489-7753(H); Kenneth Trinder King's Daughters Norfolk,VA 23505 757-668-8478(W) Hobie Whitmore TowneBank-Managing 311 48th Street, Hobie.whilmore@raymondjames.com; (757)962-7541 (W) Melissa Lexier Partner Virginia Beach,VA 23451 hmcj5@me corn Ronald Williams City of Virginia Beach-Deputy 434 Carolina Avenue,Virginia rwilliams@vbgov.com 757 321-0468(H) City Manager Beach,VA 23451 Andrew Dreps Associate,Anderson& 209 C 81st Street drepsan@gmail.com 757-287-2571 (M) Pittman,PC Virginia Beach,VA 23451 Jeffrey Fine Broadcast& Digital Media 1352 Windsor Point Road jeff.fine@whro.org 757-889-9332(M) Officer,WHRO Norfolk,VA 23509 Kiran Karande Associate Dean and Professor 2013 Constant Hall 757-683-5397(W) of Marketing-ODU University Norfolk VA 23529 kkarande@oclu.edu John Katsias President,The Katsias 309 46th Street jk@katsias.com 757-425-2738(W) Staci Katsias Company Virginia Beach,VA 23451 Ryan McGinness Artist New York City, New York ryan@ryanmcginness.com (646)346-3709(M) Anne Fleder 6105 Ocean Front Ave (757)621-1821 Lawrence Fleder Virginia Beach,VA 23451 pbjanne@aol.com Pail Battaglia Clark Nexsen 4525 Main Street,Suite 1400 (757)961-7749 Laura Battaglia Virginia Beach,VA 23462 pbattaglia@clarknexsen@aol.com 'HONORARY TRUSTEES Jane P. Batten 8104 Oceanfront Avenue, jbatten@cox.net 757-481-9532 Virginia Beach,VA 23451 Uschi Butler 29 Rancho Manana,A,Santa 757-428-1150 William Butler Fe, NM 87506 William T. Campbell 108 69th Street,Virginia Wcambell3@cox.net 757-425-1285 Margaret Campbell Beach,VA 23451 Barbara Fine 6810 Ocean Front Ave, 757-339-2501 (M); Andrew Fine Virginia Beach,VA 23451 757 422-1568 ext. 312 barbarafine@mac.com (W) Janyth G. Fine 6812 Ocean Front Ave., janythf@yahoo.corn 757-428-6122(H); Morris Fine Virginia Beach,VA 23451 757-422-1678(W) Barbara Fleming 900 Fleet Drive.#395,Virginia bhfleming@cox.net 757-716-2789 Beach.VA 23454 Suzanne T. Mastracco P.O. Box 3697, Norfolk,VA vmastracco@cox.net 757-622-0275(H); Vince Mastracco 23514 757-472-7272(M) Valerie Neff 2316 Mariner's Mark Way# vneff@cox.net 757-620-8776 403,Virginia Beach,VA 23451 Edward Power 218 86th Street,Virginia Marguerite Power Beach,VA 23451 Rod Rodriguez 3116 Inlet Road,Virginia 757-496-3515;757- Cindy Rodriguez Beach,VA 23454 754-6322(M) James H. Spruance 200 78th Street,Virginia jhspruance@cox.net 757-646-1225 Beach,VA 23451 Robert Stein 226 66th Street,Virginia cookestein@gmail.com 757-650-1610 Beach,VA 23451 Linda S.Taylor 4400 Ocean Front Avenue, jktaylor@aol.com 757-428-6589; 757- Virginia Beach,VA 23451 777-7642(M) H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES 1. Ordinance to ACCEPT and APPROPRIATE $30,000 from Cities of Financial Empowerment Fund, Inc. to FY2020-21 Parks and Recreation Operating Budget re virtual fmancial empowerment classes 2. Ordinances to APPROPRIATE: a. $638,952 to FY2020-21 Clerk of Circuit Court Operating Budget re technology related expenses b. $2-Million to FY2020-21 Human Services Operating Budget re taxpayer relief programs CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the FY 2020-21 Operating Budget of the Department of Parks and Recreation for Summer Youth Employment Financial Empowerment Programs MEETING DATE: July 14, 2020 • Background: The Parks and Recreation Department Youth Opportunity Office (YOO) leads the eight-week Summer Youth Employment Program (SYEP). SYEP has been providing summer employment opportunities for young people for more than eight years. Throughout that time the YOO has included a focus on financial empowerment. Participants in the SYEP take part in a week-long training that provides several financial education components. The Cities of Financial Empowerment Fund, Inc. has awarded the YOO $30,000 to continue the financial empowerment training for participants in the SYEP until April 30, 2021. Although the traditional in-person SYEP was cancelled for the summer of 2020 due to COVID-19, this grant will allow the YOO to offer virtual financial empowerment classes to program participants. • Considerations: Accepting the grant will allow the YOO staff to enhance the financial empowerment initiatives included in the SYEP for youth participants and implement them for the 2021 SYEP. • Public Information: Public information will be handled through the normal Council agenda process • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation Department flit(, City Manager: ge) 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE FY 2020-21 OPERATING 3 BUDGET OF THE DEPARTMENT OF PARKS AND 4 RECREATION FOR SUMMER YOUTH 5 EMPLOYMENT FINANCIAL EMPOWERMENT 6 PROGRAMS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 $30,000 of grant funding from the Cities for Financial Empowerment Fund, Inc., 12 is hereby accepted and appropriated, with estimated revenue increased accordingly, to 13 the FY 2020-21 Operating Budget of the Department of Parks and Recreation for 14 financial empowerment programs for participants of the Summer Youth Employment 15 Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. Requires the affirmative vote of a majority of the members of City Council. APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY Budget and Management Services ity ys ce CA15107 R-1 July 1,2020 �S 4. i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $638,952 to the Clerk of the Circuit Court's FY 2020-21 Operating Budget for Technology Related Expenses MEETING DATE: July 14, 2020 • Background: The Code of Virginia establishes a $5 Technology Trust Fund Fee imposed on instruments recorded in the deed book. Four dollars of every $5 fee accumulates in a Technology Trust Fund to implement automation plans to modernize land records and update other office automation and information technology equipment. In FY 2020-21, the Clerk's Office wishes to appropriate $638,952 of fund balance for eligible expenses. This funding will support the Clerk's vendor for annual software maintenance and/or replacement of Clerk's land records system, annual software maintenance for the Supreme Court of Virginia's Case Management System, Case Information System, Financial Accounting System, Judicial Information System, and Video Docketing System. In addition, it will provide funding for replacement hardware of all IT systems and monetary assistance for the new land records software program with the Supreme Court of Virginia and for the Virginia Criminal Information Network LiveScan setup, which will include two computer workstations, a printer, UPS battery and backup, and related IT costs. • Considerations: This appropriation will not require any additional funding from the City. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Clerk of the Circuit Court City Manager: ozoz'.Apr �-a 9019 LV3 99%0 s,( seowaS luewe6eu pue ia6png ‘1\'Yierfr?-1( AON310lddfS 1VJ31 Ol SV 03A023ddV •1N31NO0 01 SV O3A02:IddV wouno3 A40 jo siegwew eq Jo ale jo {j ofecu e Aq a;on angeuJr a ue saiinbed 'OZOZ jo step agl uo e!ul6J!A`goee e!u!6JiA to/1!0 eql#o!lounoo ayl Aq paldopy •sape36dn pue spaau leopolou.loal 11 poddns of l no0 llnwl0 041 Jo 910 ail 10 le6pn8 6uQewadO LZ-OZOZ Ad 91-11 01 pad 01 ssrul A6olouq.loai eoueleq puns all peleudoidde Ageieq s! zg6`s£S$ 6 9 :V,NI9?Al/\ L `HOV38 VINJJ23lA AO ADO 3H1 AO 110Nf100 3H1 A8 133N;V©2J0 if 38 9 9 S3SN3dX3 031V13N AJ010NH031 2:10.d 139an8 ONI1V2i3d0 £ 1Z-OZOZ Ad SJ flO3 111101110 3H1 AO *3310 3H1 01 Z96`8£9$ 31V12�dO2JddV 01 33NVN1fl2I0 NV 4L 7 4= if t, CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: An Ordinance to Appropriate $2 Million of Fund Balance in the General Fund to the FY 2020-21 Operating Budget for Tax Relief Programs MEETING DATE: July 14, 2020 • Background: On May 12, 2020, the City Council adopted an ordinance that appropriated $2 million from the fund balance of the Parks & Recreation Special Revenue Fund to the FY 2019-20 Operating Budget and then transferred these available appropriations to the Department of Human Services for a COVID 19 taxpayer relief program. In the ensuing weeks, Human Services initiated development of a taxpayer relief program for real estate and personal property taxes. Details of these programs were provided to the Council in the June 5, 2020 Friday Package. The application period for these programs opened on July 1 , 2020, with a formal call for applications issued by the City on June 30. As the timeline for this application process coincided with the end of FY 2019-20 and the beginning of FY 2020-21 , the appropriations transferred by the May 12 action of the City Council lapsed into the fund balance of the General Fund. Therefore, a new appropriation is required to make the funds available for the Department of Human Services. Although the expenditures will now occur in FY 2020-21, the assistance provided by the Department of Human Services to the citizens of Virginia Beach will still be for taxes that were due in FY 2019-20. • Considerations: Approving this appropriation is in accordance with the Council's May 2020 direction. Additionally, the Council's action to delay the imposition of penalties and interest for real and personal property taxes until August allows the Department of Human Services to implement this program in July. • Alternatives: If this appropriation of fund balance is not approved, there will be no mechanism to use the funds set aside in FY 2019-20 by the Council for the provision of tax relief. Instead, the Department of Human Services would have to use $2 million of their FY 2020-21 Operating Budget to implement the tax relief program. Such an action would make it difficult for the Department of Human Services to provide its normal services on behalf of the citizens of Virginia Beach. • Public Information: Public information will be made available through the normal Council Agenda process. A press release was issued on June 30, 2020 to solicit participation in the tax relief program. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Services City Manager: 16 1 AN ORDINANCE TO APPROPRIATE$2 MILLION OF FUND 2 BALANCE IN THE GENERAL FUND TO THE FY 2020-21 3 OPERATING BUDGET FOR TAX RELIEF PROGRAMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $2,000,000 of fund balance of the General Fund is hereby appropriated, with 9 revenues increased accordingly, to the FY 2020-21 Operating Budget of the Department 10 of Human Services for taxpayer relief programs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services y's Office CA15108 R-1 July 1,2020 J. PLANNING 1. TIMOTHY HANDLON for a Conditional Use Permit re short term rental at 4504 Ocean View Avenue DISTRICT 4—BAYSIDE (Deferred from July 7, 2020) RECOMMENDATION: APPROVAL 2. CAYMUS PROPERTIES,INC. for Conditional Use Permits re short term rentals at: a. 5870 Northampton Boulevard b. 5872 Northampton Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. LEONARD LYON for Conditional Use Permits re short term rentals at a. 8709 Atlantic Avenue b. 116 86th Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 4. MERRY WHITE for a Conditional Use Permit re short term rental at 8006 Atlantic Avenue DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 5. 3300 ARCTIC AVENUE, LLC for a Conditional Use Permit re short term rental at 3300 Arctic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. HARSHIT DUA for a Conditional Use Permit re short term rental at 716 16th Street, Unit A DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. POOCHIE, LLC for Conditional Use Permits re short term rentals at 208 27th Street: a. Unit 201 b. Unit 202 c. Unit 203 d. Unit 204 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. VB VIBE, LLC for a Conditional Use Permit re short term rental at 1728 Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. 21' DEVELOPMENT, LLC for Conditional Use Permits re short term rentals at: a. 417 21'Street b. 419 21' Street c. 417 21 'A Street d. 419 21 'A Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. OCEAN RENTAL PROPERTIES, LLC for Conditional Use Permits re short term rentals at: a. 607 20th Street b. 609 20th Street c. 611 20th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL -a c r •'�E,,ic7 h. i62r, t'� a, 1 ...,.,...:,=,..,..., ...,............ NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday,July 14,2020 at 6:00 p.m., at which time the following applications will be heard: 21st Development.LLC[Applicant&Owner]Conditional Use Permits(Short Term Rentals)417 21st Street,419 21st Street,417 21%Street,&419 21'h Street(SPIN 2427083355)COUNCIL DISTRICT-BEACH Ocean Rental Properties, LLC [Applicant & Owner] Conditional Use Permit(Short Term Rental)607 20th Street (SPIN 2417973795) COUNCIL DISTRICT - BEACH Ocean Rental Properties, LLC [Applicant & Owner] Conditional Use Permit(Short Term Rental)611 20th Street (GPIN 2417972772) COUNCIL DISTRICT - BEACH Ocean Rental Properties, LLC [Applicant & Owner] Conditional Use Permit(Short Term Rental)609 20th Street (GPIN 2417973734) COUNCIL DISTRICT - BEACH VB Vibe LLC[Applicant&Owner]Conditional Use Permit (Short Term Rental) 1728 Baltic Avenue (GPIN 24270730526800)COUNCIL DISTRICT-BEACH Poochie, LLC [Applicant & Owner] Conditional Use Permits (Short Term Rentals) 208 27th Street, Units 201,202,203 & 204 (SPIN 2428008675) COUNCIL DISTRICT-BEACH Caymus Properties,Inc.[Applicant&Owner]Conditional Use Permits (Short Term Rentals) 5870 & 5872 Northampton Boulevard (GPINs 1458888215 & 1458887274)COUNCIL DISTRICT-BAYSIDE 3300 Arctic Avenue. LLC [Applicant & Owner] Conditional Use Permit(Short Term Rental)3300 Arctic Avenue (SPIN 2418925735) COUNCIL DISTRICT - BEACH Harshit Dua[Applicant&Owner]Conditional Use Permit (Short Term Rental) 716 16th Street, Unit A (GPIN 24179620020001)COUNCIL DISTRICT-BEACH Leonard Lyon [Applicant & Owner] Conditional Use Permits(Short Term Rentals)8709 Atlantic Avenue and 116 88th Street (GPIN 2510513555) COUNCIL DISTRICT-LYNNHAVEN Merry White[Applicant&Owner]Conditional Use Permit (Short Term Rental) 8006 Atlantic Avenue (GPIN 24195878878006)COUNCIL DISTRICT-LYNNHAVEN Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbdov.com/pc. For information call 385- 4621. Any citizen wishing to make comments virtually during the public hearing should follow a two-step process provided below: •Register for the WebEx at: httvs://vbgov.webex.com/vbgov/Onstage/a.pho?MTI D =e6a01b1d2dba17a49ea21a67f54a93ddb •Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnesigvbEov.com prior to 5:30 p.m.on July 14,2020 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Hearing Impaired call 711. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:June 28&July 5,2020-1 TIME EACH. .•: / r ra rf/ t ,/r i / . . R=, R // / 1411111/40 --__ / --"-------„er---1 CD r c.3a dr f2 .--. .,_._._ . /f//j f-1 _ oC7 r Q It =5 �d / .er fr.• I / cb V Mr -. 41:: 74,,,), R-5 r---' _5 / 1� f` //, site 'Timothy Handlon e), Property_Poygons 4504 Ocean View Avenue Zoning Parking Lot Drr;e Ais►e Feet Building 0 510 20 30 40 50 60 / u e . 4 ( — fi ( 1! CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: TIMOTHY HANDLON [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4504 Ocean View Avenue (GPIN 15707200654504). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 14, 2020 • Background: The City Council deferred this item from their meeting on July 7, 2020. The applicant is requesting a Conditional Use Permit for Short Term Rental use on a 2,500 square-foot parcel zoned R-5R Residential District (Shore Drive Overlay). The site is developed with a duplex dwelling, which according to City records was built in 1996. The applicant does not own the adjacent condominium unit at 4508 Ocean View Avenue. The maximum occupancy for guests on-site after 11:00 p.m. is three persons per bedroom, or nine persons in this case. All three required off- street parking spaces are provided on-site, two in the driveway and one in the garage. • Considerations: The property is located within the Chesapeake Beach neighborhood of Virginia Beach, which consists of a mixture of duplex and single-family dwellings. The subject site is one block from the public beach of the Chesapeake Bay. As such, Short Term Rental use is common and expected in this area. All three required parking spaces can be accommodated on-site, two in the driveway and one in a garage. Staff believes that all other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There were four speakers who voiced opposition to the application at the March 11 , 2020 Planning Commission public hearing. Comments were related to the potential negative impact to the neighborhood, concern about possible changes to the character of the area, and the number of Short Term Rentals located in the vicinity. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. Timothy Handlon Page 2 of 3 1. The following conditions shall only apply to the dwelling unit addressed as 4504 Ocean View Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 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 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- Timothy Handlon Page 3of3 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 67 City Manager: / A( L- Applicant & Property Owner:Timothy Handlon/11B Agenda Item Public Hearing: March 11, 2020 City Council Election District: Bayside 8 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Kevin Hershberger Location \ 4504 Ocean View Avenue GPIN , 15707200654504 # Site Size -``g. �`�__ 2,500 square feet Existing Land Use and Zoning District ` Duplex/ R-5R Residential Surrounding Land Uses and Zoning Districts North -• _ Single-family dwellings/ R-5R Residential South Ocean View Avenue ` Duplex/ R-5R Residential East " ' ' , Duplex / R-5R Residential IlkY f West ' i' -qrst /4 a Duplex / R-5R Residential ; f / , I ,' _ r ",,v ...\ r 7' , 4 ,, c/ f f ,. , . , 1 „ Fir 4 �� Timothy Handlon Agenda Item 8 Page 1 Background & Summary of Proposal Site Conditions and History • The property is approximately 2,500 square feet and is located in the R-5R Residential District(Shore Drive Overlay). • The duplex dwelling is located on the property,which according to City records was built in 1996. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity i r ;vs at P. o,II�j����I : ilf• s'/Wft4. , r i&-'`''.-,4 • rra,1"4,/, ser...T.' it / A Oh fll/// r ,r wl pit/ z Ilea ellirie i..---4,..,_fil•- ea_ 09 ii" fr. /I ., si..__ hi �1,,Anti�i' m ; • ll i • . Denied ', 1 r " Q Under ReviewJf�, if, ,a Q Registered Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for the 4504 Ocean View Avenue located on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance.Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 Timothy Handlon Agenda Item 8 Page 2 • Li**/*/ /Wit wff ••„,..„ R itly - , �`� Zoning History i �� �"`''�,,,����' � ' � �� # Request e °t" oK f�r / J 1 STR(Short Term Rental) Pending Public Hearing 0 */-- Op 0/ f"--7 n n Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The property is located within the Chesapeake Beach neighborhood of Virginia Beach, which is home to a mixture of duplex and single-family dwellings.The subject site is one block from the public beach of the Chesapeake Bay.As such, Short Term Rental use is to be expected. This property is located in a neighborhood that is mostly duplexes.The parking is available on site. As permitted by the Zoning Ordinance,the Zoning Administrator has reviewed the submitted parking plan and determined it acceptable.All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4504 Ocean View Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 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. Timothy Handlon Agenda Item 8 Page 3 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 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Timothy Handlon Agenda Item 8 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 21, 2020 and June 28, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 22, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/citv-council/Documents/BookmarkedAgenda.pdf on July 3, 2020. Timothy Handlon Agenda Item 8 Page 5 Site Layout & Parking Plan d rr I se p 50_00' j POW) .. 24 Pair) r •AC OCR_ .eir 0 I/ \P:11 ipop' rirlit 11 ' Unit flt '� NI .A .za 45Q8 45Q4 : I }lid►• Parking; IN 1 in ,, r8 c9 .ttc3 gara e 0 A '&r --- g ,. . , _ and 2 1 • surface spaces Or , • 14 • saoo" - 95..50 - Ocean View Avenue wol Timothy Handlon Agenda Item 8 Page 6 Site Photos - �� y ~r1�in l j < 4. illt. iE z _, •� N_, Timothy Handlon Agenda Item 8 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME Timothy Handlon DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updatec two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the appl:cation(s). I�Q7V® APPLICANT NOTIFIED OF BEARING DATE. /�grt fj L✓ m NO CHANCES AS OF DATE: de, /L'I ��/"` /// p .11/® REVISIONS SUBMITTED DATE: l �2a J 6 /p Zb Timothy Handlon Agenda Item 8 Page 8 Disclosure Statement N/13 Virginia Beach ZCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Timothy Handlon If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onl ro ert r i di ere m A /i n . Ei Check here if the PROPERTY OWNER IS NOT a poration, partnership,firm, business,or other unincorporated organi on. ❑ Check here if the PROPS TY O R/S a corporation, partnership,firm, business,or other unincor ated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLc;list the member's na s: Page 2 of 7 Timothy Handlon Agenda Item 8 Page 9 Disclosure Statement 143 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsi ry 1 or affiliated business entity 2 relationship with the Property Owner: ttach list if necessary) "Parent-subsidiary relatio .ip means "a relationship that exists when one corporation directly or indirectly owns shares p sessing more than 50 percent of the voting power of another corporation.' See State and Local G ernment Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated siness entity relationship' means "a relationship, other than parent-subsidiary relationshijPe hat exists when (i)one business entity has a controlling ownership interest in the other business (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) t .re is shared management or control between the business entities. Factors that should be co idered in determining the existence of an affiliated business entity relationship include that the ame person or substantially the same person own or manage the two entities;there are common or / commingled funds or assets; the business entitles share the use of the same offices or employees or / otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.° See State and local Government Conflict of Interests Act, Va.Code§ 2.2-3101 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Timothy Handlon Agenda Item 8 Page 10 Disclosure Statement • V13 APPLICANT Virginia Beach YES NO r SERVICE PROVIDER(use additional sheets If needed) n Accounting and/or preparer of Don Harvey,CP your tax return 602 E Lincolnway,Valparaiso, IN 46383 �( >(I Architect/Landscape Architect/ ���� Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I\/ X/ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) XConstruction Contractors 13<1 X Engineers/Surveyors/Agents Financing(include current ri mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XI Legal Services Real Estate Brokers / El C Agents/Realtors for current and anticipated future sales of the subject property 4 S SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Timothy Handlon Agenda Item 8 Page 11 Disclosure Statement V3 Virginia Bead CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. es--— ------ _ Timothy HandIon APPLICANT'SSI ATURE PRINT NAME DATES 11 Page 5 of 7 Timothy Handlon Agenda Item 8 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Timothy Handlon Agenda Item 8 Page 13 _ , , ,, !_. .. _ , i 1. i... 1104 1 4••• _Alt,., _ •41,,, „ w . . .4*/ - /.ago 6 k , --....,....H--- %-‘0, . • .,. A db...._ : .4 ,i tw."ItAlt- . . • i 141#44? , i ' ming "it ' ' • ' --- --1-44114111 1 At ) - .80..: , i,, ___ moh. IWO Agti; -! f. el/fail /.42,41.171t,', kit'yqvg.1 7 6 /iiik / /--- ----1=- i itibm., ----y,,', ; ----;It' --- '11114111 Ahh-411111 11,,/ 71 --___---_:.:: -411 41114 :I 1.__1/1 44* i Air A 7 7'. '..ATLIPIVAA1 •.. 417„:I. . lila N . ft 11. 111 4,1111 1 '' gyir, - on- 7 .1 t Res --.01 4-..4/---. f.,'41' .ft ---.' . •• ---- f .... „ _, .., ., . - - -6 * is-. --Ari -- - . ..._, / , ------e) s-r---- .1. il- - - ' illitill..N,TN4614th. 41111111/1.41‘. w:,,,,,',., , 4. ,, 1. --:il:1..1119:0__e__ 1-----1------- --7 t: ,' I' .• I ' i f-.--,L-.1q__ :---,7-. •-/--- i----4.1"•.--217- \. I , . „. . ___. ..._ . ....._ g ti Ii&Sillit br,-- gl D 7 :::--- L:- ran ,-. 141 • • 0 . .7: •. -7..,. ,... In IIPP Item #8 Timothy Handlon Conditional Use Permit(Short Term Rental) 4504 Ocean View Avenue March 11,2020 RECOMMEND FOR APPROVAL-HEARD Ms. Sandloop: It's okay, agenda item number eight Timothy Handlon, an application for Conditional Use Permit Short Term Rental on property located at 4504 Ocean View Avenue located in the Bayside district. Will the applicant's representative, please step forward. Ms. Alderman: All I have to say about this one has plenty of parking; hopefully you'll be able to see by the design. This is also Bear, this is what he goes by but lots of parking. That's all, I think we've met all the conditions. So thank you. Ms. Klein: I do have a question though. So he owns two properties, but the first one is his primary? Ms. Alderman: Yes. So this one was his primary,he just moved into Seaview. And so this is a full rental. Ms. Klein: Okay. Ms. Alderman: Yes. Ms. Klein: Thank you. Ms. Sandloop: Mr.Vice Chair,we have the same four speakers for this one. Larry Horvath, followed by Michelle Zimmerman. Mr. Horvath: I'm gonna try to point out a couple of little quick items. I'm a structural engineer by training and I'm so old, I actually worked on the original structural engineering of the first Westminster Canterbury tower. That's not the reason why I stayed through the whole hearing,but because I feel strongly about this issue. It's not just meeting the criteria of parking and occupancy, and insurance. These neighborhoods are on the cusp of turning. And the other criteria that I don't think you've addressed is the issue of density, how many of, this is what the Conditional Use Permit is for? It's so that you can address unusual situations and let them in when they're non-conforming, but at some point a neighborhood is going to turn. And as you can see, it's the same owner has got, owns two of these. So I think there's something else going on here. I think there's a little bit of an investment issue and but I'm, let me stick to the point. The point is, is that you've got to decide when a neighborhood has had too many. And the residential flavor is turning now to a resort type of zoning. We have zoning laws for reasons. And the reasons are good because people aspire to be homeowners and to learn who their neighbors are and to become familiar and comfortable. Thank you. Mr. Weiner: Thank you, sir. Ms. Sandloop: Michelle Zimmerman followed by Sarah Houck. Ms. Zimmerman: You have given me an education. I have nothing more to say other than our position that we, for many reasons are looking towards the historical preservation and other issues of keeping the character of our neighborhood the way it is. Thank you very much. Ms. Sandloop: Sara Houck followed by Ron Segerblum. Ms. Houck: I'm just concerned about is starting to be a cluster and like a big, bigger business area where it's residential. That's my only concern about the second one, and the other one being so close together. Mr. Redmond: Excuse me, Mr. Chairman, don't go away. Where do you live in relation to this property? Ms. Houck: I live down the beach on the other side of the bridge. Mr. Redmond: Down the beach on the other side of the bridge. Ms. Houck: Yeah. On the west side of the Bay Bridge. Mr. Redmond: West side of the bridge. Okay. Thank you. Ms. Sandloop: Ron Segerblum. Mr. Ron Segerblum: You could hit rewind on my comments. Mr. Weiner: Thank you sir. Ms. Sandloop: Thank you. Mr. Ron Segerblum: This is an issue we're not going to go away though,we don't want to see the neighborhood changed. Mr. Weiner: No problem. Thank you. Ms. Sandloop: No more speakers Mr. Vice Chair. Mr. Weiner: No more speakers, discussion closed and well wait a second, okay. We're gonna close this, open up for discussion. Mr. Redmond Mr. Redmond: Meets the ordinance so far as I can tell in every way, I therefore move approval of the application. Mr. Weiner: We have a second, second. We have motion and a second. Ms. Cartwright: Vote is open. Ms. Sandloop: By recorded vote of 8-0 agenda item number eight has been approved. Next item is item number nine Nikita Stepanov, an application for Conditional Use Permit Short Term Rental on property located at 932 Delaware Avenue located in the Beach District. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 4504 Ocean View Avenue and the Short Term Rental use shall only occur in the principal structure. 2. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 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 c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 17. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. m '. - AN In •7 t,i,--:p , \ , ,..,:, ..,/,,&/- .:,,,. Tien :: 41) 7 ..et4 _ 4 .''' :- Qs� , U I G_ U �,.' f13 co U I . Minom• i I O% . co% C) \ �' eftO\v",?, ?" z" q itio, 1 • ,-- / co Cal ro 0 W a. 1 J rn n.) c c c N Q c 32 in a` A a m Ii _ C., vc,.; 4-4(r , `u CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: CAYMUS PROPERTIES, INC. [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 5870 Northampton Boulevard (GPINs 1458888215). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 14, 2020 • Background: The applicant is requesting to operate a three-bedroom Short Term Rental within a semi-detached structure located at 5870 Northampton Boulevard. A separate request has been submitted for the attached three-bedroom unit located at 5872 Northampton Boulevard, also owned by the Applicant. Each unit is located on its own parcel. The subject property is approximately 6,100 square feet and is zoned R-5D Residential in the Bayside District. The maximum occupancy of guests on site after 11 :00 p.m. for the three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces for each unit in this instance. • Considerations: The applicant has proposed a stacked parking plan to satisfy the three-parking space requirement: two spaces in the concrete driveway and the third in the single- car garage. Although the second parking space in the driveway slightly overhangs the property line into the right-of-way, it does not obstruct the pedestrian flow on the sidewalk or vehicular traffic. However, the parking plan necessitates a backing maneuver within the Northampton Boulevard right-of-way to exit the driveway, posing safety concerns. Therefore, to minimize potential vehicle and pedestrian related conflicts, condition number 4 has been recommended, requiring the applicant to construct an on-site driveway maneuvering area to allow vehicles to exit the property in forward motion. The turnaround space shall be constructed of permeable paving materials, such as grass cell, pervious paver, or other similar materials and increases the area available for vehicular parking, thereby eliminating any encroachment into the right-of-way. All other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. Caymus Properties, Inc. Page 2of4 • Recommendations: The Planning Commission placed this item on the Consent Agenda at the March 11 , 2020 hearing, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 5870 Northampton Boulevard 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, maintaining a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental Tenants. 4. The applicant shall add to the existing driveway, with permeable paving materials, to accommodate all required parking spaces on private property and allow for turnaround space that enables vehicles to exit the property in a forward motion. 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. 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' Caymus Properties, Inc. Page 3of4 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.AII 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. • Attachments: Staff Report and Disclosure Statements Caymus Properties, Inc. Page 4 of 4 Updated Parking Layout Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant and Property Owner: Caymus Properties, Inc. Agenda Item Public Hearing: March 11, 2020 City Council Election District: Bayside 35 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation o,., a 4; Approval e 'e \8 T Moo.4,.. Staff Planner . . d 2 et Jenizza Badua sus 's S ..n Location .5870 Northampton Boulevard irk I s o oP,ecJ a. uod y T a� d GPIN `"i '9 's 3 sonNxUR� 1458888215 �Py4) Poc \ \) w 5�9ecoo�i O, ec ° od9 en Rc Site Size \ i wo 6,188 square feet - o Existing Land Use and Zoning District Single-family dwelling, duplex/ R-5D Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings, duplex/R-5D Residential # .. South - - Single-family dwellings, duplex/ R-15 Residential . East Single-family dwellings, duplex/ R-5D .. ' Residential '. ` West ``` @o fr Single-family dwellings, duplex/R-5D Residential �o‘+ Caymus Properties, Inc. Agenda Item 35 Page 1 Background & Summary of Proposal Site Conditions and History • The site is 6,188 square feet and is zoned R-5D Residential. • The request is for a 3-bedroom dwelling unit in a single-family semidetached structure with a single-car garage and was built in 1982. • Staff inspected the site on January 24, 2020 to observe the site conditions and take photographs for this report. • The driveway is accessed from Northampton Boulevard and the current design requires the vehicles to do a backing maneuver within the right-of-way to exit. No on-street parking is available on Northampton Boulevard. • No past zoning violations or City Council actions were found on this property. Short Term Rentals in the Vicinity --, ; \ -\ -\\----: / . I ft . '•._,. /* , , 11 _11116 mir 4, A ils,... *. --* ' --\---• .z.7.4m. .. , \,. .., 0 kill 4,,,, 4 4,,?(: \ ,./7/ l;\• /N. i fie, V''' ).1----- IT ,% s , pi - ... .,,,s, 3, . ,-- / STATUS t >.\ V' i = r� w Q Approved 9 �"' • Denied / / t-1-A- cal O Under Review // / ti '�� 1 �� Q Registered Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a 3-bedroom Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 Caymus Properties, Inc. Agenda Item 35 Page 2 I4 • (15,272 v►ti ♦ • . So 1 • Zoning History # Request I] rim' i REZ(R-5D to B-2)Approved,June 19,2018 R-10 411 CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplgin Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant has requested to operate a Short Term Rental on a 3-bedroom unit within a semi-detached structure located at 5870 Northampton Boulevard. A separate request has been submitted for the attached 3-bedroom unit located at 5872 Northampton Boulevard as well. Each unit is located on its own parcel; however,the applicant owns both units and both parcels. The property is located along the northside of Northampton Boulevard and is currently zoned R-5D Residential.The applicant has proposed a stacked-parking plan to satisfy the 3-space parking requirement, showing two spaces in the concrete driveway and the third in the single-car garage.Although the number of parking spaces are met,the parking plan necessitates a backing maneuver within the Northampton Boulevard right-of-way to exit the driveway, posing a safety concern.Virginia Department of Transportation (VDOT) identifies Northampton Boulevard as an urban principal arterial, as it serves major activity centers and high traffic volume.According to the City's Transportation Data Management System,the Average Daily Traffic(ADT) in 2017 for west bound traffic on Northampton Boulevard is 32,409. Ultimately,Staff is concerned with the current backing maneuver into the major roadway.To minimize potential vehicle- and pedestrian-related conflicts, Staff has included condition item number four requiring the applicant to construct an on-site driveway maneuvering area, which will allow vehicles to exit the property in a forward motion. The turnaround space shall be constructed of permeable paving materials, such as grass cell, pervious paver or other similar materials. Shell,gravel, or pervious parking areas may be utilized if installed in a manner that can be stabilized and contained on site per the manufacturer specifications, and in accordance with all City Ordinances, standards, and specifications. Details must be provided on how the surface will be installed. No letters of opposition or support have been received. Furthermore, all requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above,Staff recommends approval of this request with the conditions enumerated below. Caymus Properties, Inc. Agenda Item 35 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 5870 Northampton Boulevard 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, maintaining a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental Tenants. 4. The applicant shall add to the existing driveway, with permeable paving materials, to accommodate all required parking spaces on private property and allow for turnaround space that enables vehicles to exit the property in a forward motion. 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. 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. Caymus Properties, Inc. Agenda Item 35 Page 4 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • No meeting with neighborhood organizations has been held and no letters of support or opposition have been received. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • No meeting with neighborhood organizations has been held and no letters of support or opposition have been received. Caymus Properties, Inc. Agenda Item 35 Page 5 • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 28, 2020, and July 5, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 10, 2020. Caymus Properties, Inc. Agenda Item 35 Page 6 Site Layout & Parking Plan A Deck 0- • - ‹i'l - , PM —.." f3 3 L : o eL� fi � 1 story L 3-BR 0 I Unit 8 __ _ , 12.7ft I " • T t� 1p 1 M 1 I 00 2 = N M Qi N 0 ._ 1;8 il \ :- , 4174 NORTHAMPTON BLVD. 3 Parking Spaces: Parking Space 1 (Single-Car Garage): W12.7 ft x L20 ft. Parking Space 2 (Driveway): W12.7 ft. x L18 ft. Parking Space 3 (Driveway): W12.7 ft. x L18 ft. Total driveway length of 55 feet, including double apron. Room allowed for sidewalk and car parking. Caymus Properties, Inc. Agenda Item 35 Page 7 Site Photos i te' f � � / t. f , _ ff j loA F • 2i w*tz V ` _ ,.�ti� r!�'H�: :ems,. . ,, } I oil :a. . ..... _ • _ . .„. ..-_ : .,flie ,.___,__ Nav .. , _.: . . __ ,.:_ ._ •;, . d a — � f. y . . . 11 n • .. . • 4 - A w. �...:.sire.,,..:� ..♦....-::_. _.. ..e:...-':. , yy ''i _ 14 '''' a4 /fit➢+ '''• v.. •:iirlijoe. 111007 ' 7 I,,-'"G ka1. t ... � i� 's it . `tj• i K Y f 7 t Caymus Properties, Inc. Agenda Item 35 Page 8 Site Photos Caymus Properties, Inc. Agenda Item 35 Page 9 Disclosure Statement NE t•irriurt B em it APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for _ j(EDIP) _ — Board of Zoning Encroachment Request 1 Rezoning Appeals -----1 Certificate of f Floodplain Variance Appropriateness I Street Closure Historic Review Board Franchise Agreement Chesapeake Bay E Preservation Area Lease of City Property Subdivision Variance Board —. II Conditional Use Permit I i License Agreement _ t Wetlands Board 4 'The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. -- SECTION 1 / APPLICANT DISCLOSURE POR CITY USE ONLY%All disdcsures must be updated two(2)week:prior to any Page 1 of 7 Mamma c eemI6tatt m'A City C9trncil rneet•nn that ®uains ID the::^,ttica.bnts 0 APPLICANT NOTIFIED OF HEARING DATE. Ea NO CHANGES AS OF i DATE: eVI S Jg/2i -_ 0 REVISIONS SUBMITTED 1 DAM Caymus Properties, Inc. Agenda Item 35 Page 10 Disclosure Statement 1 / Virginia Beeelt ElCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business,or other unincorporated organization. (A) List the Applicant's name: CA"r _`rrpcthrfj-tT",.` • If an LLC,list all member's names: If a CORPORATION,list the the names of all officers,directors,members, trustees, etc.below (Attach list if necessary) President: Ranjeev Guliani VP: Nancy Barlow (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 ony_ff property owner is different from Applicpjft. El Check here if the PROPERLY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name:____ If an LLC,list the member's names: Page 2 of 7 0000 Caymus Properties, Inc. Agenda Item 35 Page 11 Disclosure Statement \43 VIA-glair Beech If a Corporation, list the names ofall officers,directors,members,trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach fist if necessary) 1 "Parent-subsidiaryrelationship' means 'a relationshipthat exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship,that exists when ii)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner In one entity Is also a controlling owner In the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities.'See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the Application or jy business operating_or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT. EACH MUST COMPLETE THE SECTION S EPE RATE LY Page 3 of 7 Caymus Properties, Inc. Agenda Item 35 Page 12 Disclosure Statement APPLICANT wtglota leech YES NO SERVICE PROVIDER(ma addittonai sheen ff moduli E ❑ Accounting and/or preparer of Art Robb your tax return n Architect/Landscape Architect/ Haden Frye&Associates Land Planner - - ❑ Contract Purchaser 6f other than ® thg.9pglicant)-identify purchaser and purchaser's service providers Any other pending or proposed C ® purchaser of the subject property (identify purchasers)and purchaser's service providers) FlEl Construction Contractors J&L Construction ❑ El Engineers/Surveyors/Agents Financing(include current Towne Bank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n Legal Servkes Real Estate Brokers/ n z Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development n n contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the ,nterest? Page 4 of 7 Caymus Properties, Inc. Agenda Item 35 Page 13 Disclosure Statement Virginia Btacla CERTIFICATION: II certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I I understand that, upon receipt of notification that the application has been •scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. r n - r, r SIGNATURE PRINT NAME DATE Page 5 of 7 Caymus Properties, Inc. Agenda Item 35 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Caymus Properties, Inc. Agenda Item 35 Page 15 , ` ' fl Deck I Deck fff u t II 5872 1 i 5870 / ' — - `\ ,-4 permeable on-site / maneuver area / 1 i r Updated Parking Plan 5872 and 5870 Northampton Boulevard CAYMUS PROPERTIES, INC ltok 01.4____61114_:61' v---- -- Ill,,,I, Ti it i b :'-' / 1 , 11 A _ , ____ „ 111.4‘,' Iv ''''' * A IWO* \ _ _ - Ian. \\t, V.-- _ - .\\ ------ gr. v TANA-v-- --- -A... i_aci----7 ,--, .___C—F-' - , .---- 0\ t_:-.. vit. +40 . v•- • -Yo: , may' . .. :_,_ -•' 1L4IIIL�, �r . 4 • A --\ /*, C , :---,>'->\‘•( , ...-, ' ....,., 11# . 4 - -4 lir iv._ .„-,-, \,,,,,,,,.. ," # .4, _,It/.(4 i ti i � It Aok,# 4111r 411111111k1/414 411144416116 " 111 .1614,6_ ..4 p*t%.. 4v 40, ilk 41ash.%Ir_ . ,44kit 1p , 111*--.. " 0 '-'i 0. gef,/,/ ,, *No, . . : __ • . , ` ' .., ,,, J r --141 I I I I Pk** % ^., a)�` W 111111114111* .IZ Item#35 and#36 Caymus Properties, Inc Conditional Use Permit(Short Term Rental) 5870 and 5872 Northampton Blvd March 11,2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you, Mr. Bourdon, and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none, the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staffs recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to short term rentals. Yes, I have my extra paragraph. Ladies and gentlemen, short term rentals. The planning commission places the following applications for conditional use permit for short term rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports !the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk,please start that please. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. The following conditions shall only apply to the dwelling units addressed as 5870 and 5872 Northampton Boulevard and the Short Term Rental use shall only occur in the principal structures. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, maintaining a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental Tenants. 4. The applicant shall add to the existing driveway, with permeable paving materials,to accommodate all required parking spaces on the private property and allow for turnaround space that enables vehicles to exit both property in a forward motion. 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. 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. Recommended Conditions 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3)individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. f j 1 , ,. la .ram �^- ftC 3.3 r `. f "'i 4 a a'• na r, 2 y • im � \ - '5D * ' , ,\ y\ "�,,,°„f /••' 40 B-2 (. ', 9'4 ,J° `f; „ .,a„.,Na i `a�. ON L''',,,Ptr'� 1"�x 1 MCci' , 1 /+ gyp„ T k 4 f 4 ,t i,,t,',ry p.)1, ,,/. f'� \ V / ,/, Site Caymus Properties, Inc. �� Property Polygons '•, Q 5872 Northampton Boulevard Zoning Parking Lot Drive Aisle Feet ' Building 01020 40 60 80 100 120 ,0,:la BE:,,,,, S ,,lit CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: CAYMUS PROPERTIES, INC. [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 5872 Northampton Boulevard (GPIN 1458887274). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 14, 2020 • Background: The applicant is requesting to operate a three-bedroom Short Term Rental within a semi-detached structure located at 5872 Northampton Boulevard. A separate request has been submitted for the attached three-bedroom unit located at 5870 Northampton Boulevard, also owned by the applicant. Each unit is located on its own parcel. The subject property is approximately 5,700 square feet and is zoned R-5D Residential in the Bayside District. The maximum occupancy of guests on site after 11 :00 p.m. for the three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces for each unit in this instance. • Considerations: The applicant proposed to stack two of the parking spaces, one behind the other, in order to satisfy the three parking space requirement: one in the single-car garage and two spaces in the concrete driveway. One of the driveway spaces would have slightly encroached into the right-of-way, but would not have obstructed the pedestrian flow on the sidewalk or vehicular traffic. However, the parking plan necessitated a backing maneuver within the Northampton Boulevard right-of-way to exit the driveway, posing safety concerns. Therefore, to minimize potential vehicle and pedestrian related conflicts, condition number 4 is recommended that requires the applicant to construct an on-site driveway maneuvering area to allow vehicles to exit the property in a forward motion. The turnaround space will be constructed of permeable paving materials, such as grass cell, pervious paver, or other similar materials and increases the area available for vehicular parking, thereby eliminating any encroachment into the right-of-way. All other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. Caymus Properties, Inc. Page 2 of 4 • Recommendations: The Planning Commission placed this item on the Consent Agenda at the March 11, 2020 hearing, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 5872 Northampton Boulevard 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, maintaining a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental Tenants. 4. The applicant shall add to the existing driveway, with permeable paving materials, to accommodate all required parking spaces on private property and allow for turnaround space that enables vehicles to exit the property in a forward motion. 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. 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 Caymus Properties, Inc. Page 3 of 4 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. Caymus Properties, Inc. Page 4 of 4 ■ Attachments: Staff Report and Disclosure Statements Updated Parking Layout Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department-pcki City Manager: 6 Applicant and Property Owner: Caymus Properties, Inc. Agenda Item Public Hearing: March 11, 2020 City Council Election District: Bayside 36 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation °2,n (a Approval a e ne a �1 ly7O e4,,t , Srafi ' L.. Staff Planner °nR°ea °c0° ��"yR�d Jenizza Badua --` T.<`' P° �„` Location c,R`ca 5872 Northampton Boulevard m_,_�a_� 3 Z a Tenu"GPIN \<,,,,[::,e, ,,, , -, c `av+sO"Hap“}o 1458887274 y� `°o` 9� eege"pco R1b O,: A S Rc Site Size ',,. \ W00d9�een 5,757 square feet 7��? -- - 03 Existing Land Use and Zoning District Single-family dwelling, duplex/ R-5D Residential Surrounding Land Uses and Zoning Districts North -.r i . Single-family dwellings, duplex/R-5D Residential South Single-family dwellings, duplex/R-15 Residential East Single-family dwellings, duplex/R-5D Residential ,t West Single-family dwellings, duplex/R-5D Residential Caymus Properties, Inc. Agenda Item 36 Page 1 Background and Summary of Proposal Site Conditions and History • The site is 5,757 square feet and is zoned R-5D Residential. • The request is for a 3-bedroom dwelling unit in a single-family semidetached structure with a single-car garage and was built in 1982. • Staff inspected the site on January 24, 2020 to observe the site conditions and take photographs for this report. • The driveway is accessed from Northampton Boulevard and the current design requires the vehicles to do a backing maneuver within the right-of-way to exit. No on-street parking is available on Northampton Boulevard. • No past zoning violations or City Council actions were found on this property. Short Term Rentals in the Vicinity 1 /4 ##4 7 lb a ik, ` \ '-- j- '. 1. *.!, 1 1 - le•I If.....4:,' . _77,,..;40:::,,,,,„:77,fieis\;-4i,Y;ilt: . * * ' v 41 t -ww* ..,0 * , , v. . 4,,,, ,,-4 g 4t Ay, 2, I 11,j, IA ofs ,, .:' V ,t* cs ' ,\ tt4 4.,-vv.\ . . STATUS r'•O -.-' '04005'‘.� '�� to " p Apvrwed �� R • Denied119 *f vF �H--"3 OUnder Review ' t ; `Q Registered per, --i Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a 3-bedroom Short Term Rental on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 Caymus Properties, Inc. Agenda Item 36 Page 2 / / I_1. B-2 • 4IPS ..A1044144141P'." '''-'-..(''''''IPPe"°4 IB 10P. ! 411:* • Zoning History ,��,� /i,!i;,� # Request ay! 6-2 • \ fi 1 REZ(R-5D to B-2)Approved,June 19, 2018 1 , tib, R-10 r oSr Veld'vl. -1r . .-..:4\ 4 ti 40\ it'Frig Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant has requested to operate a Short Term Rental on a 3-bedroom unit within a semi-detached structure located at 5872 Northampton Boulevard. A separate request has been submitted for the attached 3-bedroom unit located at 5870 Northampton Boulevard as well. Each unit is located on its own parcel; however, the applicant owns both units and both parcels. The property is located along the north side of Northampton Boulevard and is currently zoned R-5D Residential.The applicant has proposed a stacked-parking plan to satisfy the 3-space parking requirement, showing two spaces in the concrete driveway and the third in the single-car garage. Although the number of parking spaces are met, the parking plan necessitates a backing maneuver within the Northampton Boulevard right-of-way to exit the driveway, posing a safety concern. Virginia Department of Transportation (VDOT) identifies Northampton Boulevard as an urban principal arterial, as it serves major activity centers and high traffic volume. According to the City's Transportation Data Management System, the Average Daily Traffic (ADT) in 2017 for west bound traffic on Northampton Boulevard is 32,409. Ultimately, Staff is concerned with the current backing maneuver into the major roadway. To minimize potential vehicle- and pedestrian-related conflicts, Staff has included condition item number four requiring the applicant to construct an on-site driveway maneuvering area, which will allow vehicles to exit the property in a forward motion. The turnaround space shall be constructed of permeable paving materials, such as grass cell, pervious paver or other similar materials. Shell, gravel, or pervious parking areas may be utilized if installed in a manner that can be stabilized and contained on site per the manufacturer specifications, and in accordance with all City Ordinances, standards, and specifications. Details must be provided on how the surface will be installed. No letters of opposition or support have been received. Furthermore, all requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions enumerated below. Caymus Properties, Inc. Agenda Item 36 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 5872 Northampton Boulevard 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, maintaining a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental Tenants. 4. The applicant shall add to the existing driveway, with permeable paving materials,to accommodate all required parking spaces on private property and allow for turnaround space that enables vehicles to exit the property in a forward motion. 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. 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. Caymus Properties, Inc. Agenda Item 36 Page 4 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • No meeting with neighborhood organizations has been held and no letters of support or opposition have been received. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. Caymus Properties, Inc. Agenda Item 36 Page 5 City Council • No meeting with neighborhood organizations has been held and no letters of support or opposition have been received. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 28, 2020, and July 5, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 10, 2020. Caymus Properties, Inc. Agenda Item 36 Page 6 Site Layout & Parking Plan A/C Decx fl k Z . Otck A/C / • -g #5872 C3� i0 8 i-Story 6 3-BR cb .. • Unit _ . $ g 2r --,. -= 12.7ft T b p . 1 N ► 1 i 2 I N CO M Q; N F. 1 3 rill q 1 ) \ iiii NORTHAM,ram ON BLVD. 3 Parking Spaces: Parking Space 1 (Single-Car Garage): W12.7 ft x L20 ft. Parking Space 2 (Driveway): W12.7 ft. x L18 ft. Parking Space 3 (Driveway): W12.7 ft. x L18 ft. Total driveway length of 55 feet, including double apron. Room allowed for sidewalk and car parking. Caymus Properties, Inc. Agenda Item 36 Page 7 Site Photos :', \' { " et- 1a:/ .. g i _�i+'. 7.. a' a u •, �, ':a3 a• t -TA 11 r� a' r . .'._ k _ ....... a' _ ' r f / \ Or , a ;or e &$ u``�. 4 a , p 'E , �44, .x y . am.. _i. ��. : �/ - 3 _ -ate — -- Caymus Properties, Inc. Agenda Item 36 Page 8 Site Photos r • • 470,0, -t� Caymus Properties, Inc. Agenda Item 36 Page 9 Disclosure Statement APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters Include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning A :eais Certificate of Floodplain Variance Appropriateness _ t I Street Closure Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance I Board _— Conditional Use Permit 'License Agreement Wetlands Board The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. --- SECTION 1 / APPLICANT DISCLOSURE • FOR CITY USE OILY/Ali olscicsures must be ulea!ed lwu(2]weeh pe o.to arty Page 1 of 7 Plarr^al,tt_Cprnen,st.,,r.a,,o CIS't'Ja,ttl,,a ,<that':.rt?1115 IJ tilt Lp,h aUO!lq APPLICANT NOTIFIED or H65+tING DATE r. #7 y NO CHANGES AS OF DAT116 T`7 'REVISIONS SUBMITTED � DATE. Caymus Properties, Inc. Agenda Item 36 Page 10 Disclosure Statement Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. E. Check here if the APPLICANT IS a corporation, partnership, firm, business,or other unincorporated organization. (A) List the Applicant's name:__6411D-kr_L r2cr}Irf4 c . If an LLC,list all member's names: If a CORPORATION, list the the names of all officers,directors,members, trustees, etc.below: (Attach list if necessary) President: Ranjeev Guliani VP: Nancy Barlow (B) List the businesses that have a parent-subsIdiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes[ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY_QWNER IS NOT corporation,partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEW,complete the following. (A) List the Property Owner's name:_ If an LLC,list the member's names: v`-- _ -_- ---- Page 2 of 7 Caymus Properties, Inc. Agenda Item 36 Page 11 Disclosure Statement 11 Virginia Benb If a Corporation,list the names ofall officers,directors,members,trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach fist if necessary) I "Parent-subsidiary relationship'means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entityrelationship' means 'a relationship, other than P` p, parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner In one entity is also a controlling owner In the other entity,or (hi)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the husiness entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. ..,......e.��..,.�-.r..._..� ,,...�_�.�.,.�.._.. e.v.��....�.,..,,.�. r e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aoolication or any business operatinq_or t4 be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Caymus Properties, Inc. Agenda Item 36 Page 12 Disclosure Statement APPLICANT Virginia Besch PROVIDER Luse additional sheets if YES NO SERVICE needed) Accounting and/or preparer of Art Robb your tax return Architect/Landscape Architect/ Haden Frye&Associates Land Planner Contract Purchaser(if other than Shg.ADDticant)-identify purchaser and purchaser's service providers Any other pending or proposed — purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ,J&L t:onstnxxion © Engineers/Surveyors/Agents Financing(include current Towne Bank — mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ❑X Legal Services Real Estate Brokers/ nAgents/Realtors for current and anticipated future sales of the !_subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the [merest? Page 4 of 7 Caymus Properties, Inc. Agenda Item 36 Page 13 Disclosure Statement ti u-,'IU is tLCa�:ii CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is {complete,true,and accurate. II understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. yy 1f 141 APPIjFJWT'S SIGNATURE ._._._..__.._._ PRINT NAME ( 111E Page 5 of 7 Caymus Properties, Inc. Agenda Item 36 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Caymus Properties, Inc. Agenda Item 36 Page 15 Ded€ j1 Ueck 5872 5870 • 25rt 1101 permeable on-site maneuver area Updated Parking Plan 5872 and 5870 Northampton Boulevard CAYMUS PROPERTIES, INC *7 i ,,1.. P _ . , : - - t„, , '' .',..\X\c-• ''''' \ Vi_ '' S ti r--� ___� ti t _ ieirt- . ,5 41* -., \`''\''?„*.,..„ <,- \19'." '14.' \''>\ 1 n ° ► �� t ' p -, lk I Y A_ tNs iiiie,„-:,, . T-, .,-- r ,_..........," . - Ad ik:, AL ,,--,5-''. *.‹..-•' 4 I \ '''// S1 rPjk--i-\V,4, 1 ' . .1" ‘. 'ip ilk 4 *:.. tv 44,1,\ ,,,,,, -IN -.,- 441, 41144P:4 p.N .&4114114111 "i. ' -.- '. ' ,1 or *--- ,,--,„--, - ,,: f ,,s,./:,: 41t,1!"...., ,- iii.,,..4 :- Ni‘ \� 1\ \.,_,,, •4444441 liallib'-'4W 411114114: 4 W !PV 444144%, l4111114 . / '14f 4 s'f''' V47'' is' 44 41/4 ,411 I... *1/*/-gillir,41kr COIIII X • • o err CA Item#35 and#36 Caymus Properties, Inc Conditional Use Permit(Short Term Rental) 5870 and 5872 Northampton Blvd March 11,2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you, Mr. Bourdon, and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none, the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staffs recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to short term rentals. Yes, I have my extra paragraph. Ladies and gentlemen, short term rentals. The planning commission places the following applications for conditional use permit for short term rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk,please start that please. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. The following conditions shall only apply to the dwelling units addressed as 5870 and 5872 Northampton Boulevard and the Short Term Rental use shall only occur in the principal structures. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, maintaining a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental Tenants. 4. The applicant shall add to the existing driveway, with permeable paving materials,to accommodate all required parking spaces on the private property and allow for turnaround space that enables vehicles to exit both property in a forward motion. 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. 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. Recommended Conditions 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. W5R(NE) :Ii_ - :: - „, ,„\\ ,\_.: _ _ ____ , , . __________ : r,, ____......-^--..,,-. -, „,,,-.,,--,,",,l--,---.. S,„r ,,,. .. . ,• ,,, ,, //1 , , ,. .______ J/J5R�NE) '''.'; ''',. ///, \ \ I (------ -------\\ ,,,, ,,, 0 A _1 ca f NE) 1' __-__ - ------ f _ f�, ,,f, t„ ,.______ , , f 1 , ,,. _____\ \ ,,, __ _ _____ c,ilik I „ ___. , filik ., .• , i .i. , . . __.. 7 4 Site Leonard Lyon v' ~' Property_Poygons 8709 Atlantic Avenue, 116 88th Street QZoning Parking Lot Drrre Aisle Feet II Bui1dina 0 51C 2C 30 40 50 60 c rs4t'\ll..lA�.H l f f 1.1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LEONARD LYON [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 8709 Atlantic Avenue and 116 88th Street (GPIN 2510513555). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: July 14, 2020 • Background: The applicant is requesting a Conditional Use Permit for two Short Term Rental uses on this 8,010 square-foot lot located within the R-5R (NE) Residential District in the North End Overlay District. The subject property contains one duplex (two units) constructed in 1940. The duplex has a three-bedroom unit with an address of 8709 Atlantic Avenue and a one-bedroom unit with an address of 116 88th Street. The maximum occupancy for guests on-site after 11:00 p.m. is twelve. The minimum number of parking spaces required for this use is one per bedroom, or four spaces in this instance. • Considerations: The applicant has submitted a parking plan that shows five parking spaces, two on-site in the driveway and three spaces also in the driveway but within the right- of-way. None of these spaces impede the flow of pedestrians or vehicles. The distance from the edge of street pavement to the property line is 20 feet, more than the minimum length of a parking space (9' x 18'). While it is possible to add additional on-site parking spaces, this would result in less landscaping and is inconsistent with current parking practices along this street. The Zoning Administrator has reviewed the parking plan and approved the concept. All other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Three letters of opposition were received by Staff noting concerns for noise, traffic congestion, incompatibility with the character of the neighborhood, and loss of property value. As the duplex is situated between two parcels, Staff recommended Condition 3 to vacate the interior property line. However, the applicant requested this condition be eliminated since there is no alteration to the existing structure on the property. The Planning Commission agreed and Condition 3 was deleted as shown by the text below. Leonard Lyon Page 2 of 4 • Recommendations: At the March 11 , 2020 hearing, the Planning Commission passed a motion to recommend approval of this request by a vote of 6-2. 1. The following conditions shall only apply to the dwelling units addressed as 8709 Atlantic Avenue and 116 88th Street and the Short Term Rental use shall only occur in the principal structures. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. No additional pavement for parking shall be permitted on-site. erty and vacate all internal lot lines. Said resubdivision plat must be submitted for approval and recordation 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and Leonard Lyon Page 3of4 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. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Leonard Lyon Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department12Q") City Manager: 17� Applicant& Owner: Leonard Lyon Agenda Items Public Hearing: March 11, 2020 44 & 45 City Council Election District: Lynnhaven ONO Virginia Beach Requests #44-Conditional Use Permit (Short Term Rental)—8709 Atlantic Avenue #45-Conditional Use Permit (Short Term ' Rental)—116 88th Street tt Staff Recommendation `. Approval �. Staff Planner Hoa N. Dao Locations - 8709 Atlantic Avenue, 116 88th Street GPIN 2510513555 Site Size 8,010 square feet Existing Land Use and Zoning District Duplex/R-5R(NE) Residential Surrounding Land Uses and Zoning Districts North a k 88th Street Duplex/R-5R(NE) Residential South " • Single-family dwellings, duplex/R-5R(NE) IA lit I Residential East Single-family dwellings, duplex/R-5R(NE) Residential z �� West Atlantic Avenue Single-family dwellings, duplex/R-5R(NE) Residential 6 Leonard Lyon Agenda Items 44&45 Page 1 Background & Summary of Proposal Site Conditions and History • The 8,010 square foot lot, zoned R-5R(NE) Residential District, is located in the North End Overlay District. • The property contains a duplex that was constructed in 1940. The applicant owns both units and requests Conditional Use Permits for Short Term Rentals for each dwelling unit. 8709 Atlantic Avenue is 1,431 square feet with three bedrooms and 116 88th Street is 657 square feet with one bedroom. • Staff inspected the site on January 10, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • There are no zoning violations or City Council actions found on this property. Short Term Rental in the Vicinity 114• 11511 0, tit �t �sa ��•its 1 teat 00160, •- �, treat l��'1 STATUS 1111�s �i o Approved 1 D • Denied 1: 1 O Under Review 11.•' 11111W. o Registered .11. ,,t$ Summary of Proposal The applicant submitted two Conditional Use Permit requests to operate two Short Term Rentals on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. Leonard Lyon Agenda Items 44 &45 Page 2 8709 116 Atlantic Ave 88th Street Number of bedrooms in the Short Term Rentals: 3 1 Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per 9 3 room): Number of parking spaces required (1 space per bedroom required): 3 1 Number of parking spaces provided on-site: 1* 1* *Two parking spaces are located on the subject property and three parking spaces are located within the driveway that is in the public right-of-way as shown on page 6 of this report. R-SRI NE i R-SRINE) tR-5\ --1-\ o '--- L.. f 13gh g�N� __ 1? I 4 ;11 iii 4 ., Zoning History �` x yi # Request 1 STR(Short Term Rental) Under Review,Scheduled for 'etir,.. 1111 1 CC Meeting on 03/17/2020 ' - Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—StreetClosure SVR—Subdivision Variance Evaluation & Recommendation The property is located at the intersection of Atlantic Avenue and 88th Street in the North End Overlay District. 88th Street is a 100-foot wide right-of-way with 18 feet of pavement. The width of the right-of-way is much wider than a typical street section of 50 feet and the pavement width of the street is much narrower than a standard street by up to six feet. In addition,the distance from the edge of pavement to the property line is 20 feet, more than the minimum length of a parking space (18 feet). As a result, it has been common practice along 88th Street for vehicles to be parked in a driveway that gives the appearance of being on private property but is truly in the public right-of-way. The photograph on page 8 of this report provides evidence of this situation. It's worth noting that the applicant does have area on-site to create additional parking spaces; however, in Staff's view,this would be visually unappealing and inconsistent with current parking practices along this street. The proposed Short Term Rentals require four parking spaces. The applicant provided a plan that depicts five parking spaces,two on-site in the driveway and three parking spaces also in the driveway but within the right-of-way. At no point would any of the spaces impede the flow of either Leonard Lyon Agenda Items 44 &45 Page 3 pedestrians or vehicles. The Zoning Administrator has reviewed the parking plan and based on the unique situation along this street approved the concept. The subject property is comprised of a portion of Lot 17 and portion of Lot 19 on the Plat of Cape Henry. This lot is considered a legal lot, as it was established by deed prior to the adoption of the City's Subdivision Ordinance on June 22, 1970. A condition is recommended to vacate the interior property line between Lot 17 and Lot 19 to be one continuous lot. Staff is unaware of any opposition to these requests and recommends approval of both applications, subject to the conditions listed below. Recommended Conditions for Items 45 & 46 1. The following conditions shall only apply to the dwelling units addressed as 8709 Atlantic Avenue and 116 88th Street and the Short Term Rental use shall only occur in the principal structures. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. No additional pavement for parking shall be permitted on-site. 3. The applicant/owner shall resubdividc the property and vacate all internal lot lines. Said resubdivision plat must be submitted for approval and recordation by the Planning Department. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. Leonard Lyon Agenda Items 44 &45 Page 4 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. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Leonard Lyon Agenda Items 44&45 Page 5 Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • Three letters of opposition were provided to Staff. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 28, 2020 and July 5, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/govern ment/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 10, 2020. Leonard Lyon Agenda Items 44 &45 Page 6 Site Layout & Parking Plan S 82'45'00" W 80' (P) �., `� . 1.a ON S 82'54'45 N W 80 1 ' (F) 1(,� 1,, 6' CO FE E --5. 1 ' , 1.0' ON--/-6"-i 20.2' 1 ..0)..x._ NORTH NORTH x r I ni 5. ° 100' OF 7 00' OF 1- i r 15. 1 7' 17 I 19 .40 r tti A ft:i CSti I 2 8.0?or---- ' 1/4` tNa C 0 _ _ :r a k W c U - I : '` ' ON--� e ct it ix? r { 3.5' X x v $ R. 6 3 I o %nr 1 116 k 3. 6' �� q t O ,,, ^ v` € / '� TIC (� `. /, 8709 cr ' 1 b . ,- , )7 .4 . , .._, 541111- 'a0 " E 80' (P) E 80. 1 ' (F) 8f[ STREET 20 4 4; m Leonard Lyon Agenda Items 44 &45 Page 7 Site Photos '' 1 ./r-' - , ,.„Ii".;,•-ir-,.•,?,•-,•:,--•.:=--7-.:,-,i'.' // - -',.. =‘,...',htit, L, / • •„,.,..,,q,:..-.. ..1-21.‘:,:--11,",q"'-:-: -..-se•‘!" — 'ex I. • ''N. .---- .•-• _•.,. .. . ' / • -,,,,..:,...--:'.--IXAK , ..• : L.- ' , •••11/44. . '.•.,• 40' . ••'•,r''...t.: 1 ''''.73./ ' ' ' ,.•."...'..:X.!• ''. , ,r.s' _, , ,,, .. ii.. _ 1, J . \ • ,,, • - 1 • • • . .,400.41111 \.• - . _.....,.. ,_.,••• •• ,.. .1 . . .. , . . •- - -• A t t t . -1 ' . . • L.. 4.........ii ' -4111Natirriumii...,' . t' - ...,- ..., - i:•.*:$ ibirwr.', .„ —_____.____ 0 .,,,.....-4,........„ :::i:.. .•. . _.,...... . ._ ._ • .r...„4.3„..:_t__:: _ • _ .. :. , ._ .,• , _ ,........ ...,.2.;:,.._?..et,.......ct:_•:„•_,_ • _ . . . _ .,, ... •__ ._ •_ _. _ „..F,...::.,..,..„.:,....t.e.,•; ..-, . ,„ -.. , • - , — - •J.- -- . - '''''''.,,;.;:•,.... ..•'",.x.4._"--1-,;,---',4,-,,r,),,,,..-,-:----,-.._...7r.. '-.,,--,-•- . . ,-.. . _ -- ... -; . , .. ,., ,,,..,,, . . , .. ... _ . ,. ...... :. , _ . . . - '..!......! ' ,10-.- • - . . ., '-- - ,s* . -, ‘:....iii 4; •• - ,,,...,...,-. :„._ --:.• . . ,ritrot,,i .,i:--:. •::,---1,-. .- ... , .,;,.. 0/ ,....., ,;:. . • ' ,\'4....--A.,:•,--,::, ' .v.f /7/_,I.,..;--, ..-:,..-:-,... .. i, ,•- ., ,.,,T„,l'i/41".•-• -..... '':-.::-'.- I- '-,'-ift,...-i.'v ••-- ,, el • A. ,, _, .• .vik).4 . . A , -„,.._ !2.7.. -:-::•----,,,,,,,,,,,, - - •fe• -•• -.' •.---1--- •''' • 11P1. ' ,-- :-.-,'!" , - ..... I ' .. ' ,4,'---'i,'' -- 1, .• .i. I, ,`. -. , 'I"' i _ - - - A I, v. 1,...1 , L......a.....- • &it- ,- MI j11711 .' ' rag.,.—_ _,,,-. 41 - .. _ ......_ ,... . . ,._.... _ . _......... . =- = • - . ._, _ ... _., , . . _ -_ - .:. - . . _... _ . . ,30"implicae—' _ ._..._. . ,. ...... - Leonard Lyon Agenda Items 44 &45 Page 8 6 aSed Sb'8 bti swaTI epua8y uoAi paeuoai ILL VII • • ry �V t, raj a soloyd a}!s Disclosure Statement APPLICANT'S NAM ELeonard M Lyon DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure jHistoric Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 ® 07.01.2020 hDao Leonard Lyon Agenda Items 44&45 Page 10 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Leonard M Lyon If an LLC,list ail member's names: If a CORPORATION,list the the names of all officers,directors, members, trustees, etc.below. (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner Is different from Applicant. Fi Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN_,complete the following. (A) List the Property Owner's name: L EoNARD L yDi✓ if an LLC, list the member's names: Page 2 of 7 Leonard Lyon Agenda Items 44 &45 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofail officers,directors,members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 `Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship,that exists when(1)one business entity has a controlling ownership interest in the other business entity,(il)a controlling owner in one entity is also a controlling owner in the other entity,or (iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 - Leonard Lyon Agenda Items 44 &45 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO I SERVICE PROVIDER(use additional sheets H needed) ® Accounting and/or preparer of your tax return El Fri Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than She Acolicant)-Identify purchaser and purchaser's service providers Any other pending or proposed 0 ® purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) El1 Construction Contractors Engineers/Surveyors/Agents John Lutz/Travis Fox/BiNy Barrington Financing(Include current Caliber Loans ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) A Legal Services Harry Purkey Real Estate Brokers/ Larry Maida Agents/Realtors for current and anticipated future sales of the subject property__ _. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ! Does an official or employee of the City of Virginia Beach have EZ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Leonard Lyon Agenda Items 44 &45 Page 13 Disclosure Statement :70 Virginia Beach CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. - Leonard M.Lyon 1 12/23/19 APPLICANTS SIGNATURE PRIM NAME DATE Page 5 of 7 Leonard Lyon Agenda Items 44 &45 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Leonard Lyon Agenda Items 44&45 Page 15 STR VICINITY MAP LEONARD LYON — 8709 ATLANTIC AVE & 116 88TH STREET 0 het 7, _ t1 °° 11 t tO% .1°4 11 * ilk \_ _heat I OS -----\ c4 treat c ti, / 86t�` _ STATUS 0 Approved t�t -A \-- 1 • Denied • t .5 -tree t �, (_D Under Review i t t ; ' . 0 Registered Items#44 and 45 Leonard Lyon Conditional Use Permits(Short Term Rentals) 8709 Atlantic Avenue and 116 88th Street March 11,2020 RECOMMEND FOR APPROVAL Ms. Sandloop:Next items 44 and 45 Leonard Lyon, applications for conditional use permits for short term rentals on property located at 8709 Atlantic Avenue and 116 88th Street located in the Beach District. Mr. Garrington: Mr. Weiner, I'm glad you're able to smile. Mr. Weiner: Glad you could stay here with us all day. Mr. Garrington: Don't think I wanted to be here. Ladies and gentlemen of the Planning Commission for the record I am Billy Garrington on behalf of the applicant. In this case, Mr. Leonard Lyon's property known as 8709, Atlantic Avenue 116 88th Street, short term rentals. I think we still have to tell you that our disclosure statement is current all of our fees have been paid. So I want to point that out to you and tell you that what we're here for today is just like all the other ones you have been heard as a short term rental on an existing duplex at the north end of the beach. And I would like to point out to you that this duplex was built in 1940. I think that's about 80 years ago, if I'm not mistaken. It's never had any on-site parking since it was built based upon its non-conforming status of it. In 1914,there was no zoning code. There was no zoning ordinance,there was no on-site parking requirements, no setback requirements. So you've got a duplex here that is non- conforming in many,many ways. Number one, it does not have the four required onsite parking spaces that it requires to have under the current ordinance, doesn't meet the zoning setbacks off of 88th street or off Atlantic Avenue or off the side property line. It's also built across a property line where there was back in the 40s, Mr. Inman I'm sure you've probably seen plenty of plats where they used to subdivide property by deed. So people would buy a half a lot, a third of a lot, a quarter of a lot from somebody that was deemed illegal, and it hasn't been able to been done in the early 50s. But you have a house here that is built across a property line. If we were redeveloping this site,that property line would have to be vacated because you can't build across the property line without putting a firewall on it. But as long as that house stays there, it's legally non-conforming. It's not hurting anything and that property line can stay there. So the request that you have in front of you today is for the short term rental at 8709 has got three bedrooms in it, 116 has got one bedroom in it. So for the request that you have in front of you,we need four parking spaces. We submitted this plan back in December of 2019 and before we ever submitted it, we went and sat down with a staff and met with him first. And staff came up with a parking plan that you see on the board up there now,this was their suggestion, and that's the reason why we submitted. Number one, they said parking space number one and two,there's never been any legal on-site parking spaces on this piece of property. So you have decreased the nonconformity by doing space one and two on your property and then all weather hard surface aspect. Parking space number three and four was stacked behind that but it's in the city right-of-way. You've got an 80-foot wide right-of-way there and you've got enough room from our property line to the edge of the pavement that you can get those other two parking spaces in there. We had said all along well, we can do the other two parking spaces up on the southern part of the property and the city said,No,we don't want another curb cut with people backing out onto Atlantic Avenue. We'd rather have the parking spaces stacked like you've got them there now. Otherwise, we wouldn't be standing in front of you here today and I have been backed there with my heart in my throat, listening to what you have to say about parking spaces in a city right-of-way. That's what we've got. And it's there because it was something that was. I'm not saying it was mandated by the City but they told us Hey, look, if you will be willing to do this,we will garner our support for. Parking space number three and four has to be put into city specifications because its right- of-way, so it's got to be more concrete deeper and all that and we realized that. So we're here today in front of you for a short term rental with four bedrooms with the four parking spaces that you see just like the case that was just in front of us. It's 32 feet from the property line. We're only 20 feet but it still gives us room to get those four parking spaces on this property. Two of them on our property, two of them in the city right-of-way on a duplex has been there for 80 years that's never had any on-site parking at all. Mr. Weiner: Any questions? Mr. Garrington: One other thing, I want to ask you. In the staff write up, there are 17 conditions. If you would please take a look at condition number three, condition number three requires to vacate that interior lot line,which again,the fact that we're leaving that building up there, I think that's an added expense and it's a pretty good one to vacate a lot line because it's not just erasing it and doing away with it. The fact that that building is going to stay as is intact, right where it's at. I think it's an unusual expense that he shouldn't have to bear. If he ever tears this building down that property line will have to go away and he'll have to make it all one parcel of property,but right now it's just unnecessary expense. It shouldn't be there. Mr. Weiner: Recommendation number three, the applicant owner shall subdivide the property and vacate. Mr. Garrington: That's correct. Mr. Garrington: Mr. Tajan, you want to address that? Mr. Tajan: So the condition was brought, as Mr. Garrington noted the lot was developed over multiple parcels, which is typical for the older areas in the city when parcels were sold in portions. This is just an opportunity to clean that up through this process. That's why the condition is in there recommended by staff. Mr. Garrington: It's an expensive option too and again, if he ever takes it down, he will be required to do that. But as long as he leaves it as is, he can stay there on the two parcels the land like it is so we were just asked if you would remove that condition. It won't have any effect on the short term rental one way or the other at all,because it saves him from having to spend$3,000 to vacate a lot line for something that he'll have to do if it ever redeveloped anyway. Any questions? Thank you very much for your time and you all have earned that pay today. Mr. Wall: I do have a question, it got brought up informal,maybe get brought up,the parking is to the right of that and if you're facing the building to the right? Mr. Garrington: Somebody put two gravel parking spaces in there illegally, they are going to be taken out and that area is going to be restored to its existing state. And I thank you for your time and like I said,y'all are earning your pay today. Mr. Horsley: Billy so you've got two spaces that actually on the property? Mr. Garrington: Correct. Mr. Horsley: What was five, what is number five? Mr. Garrington: I don't know how many,but we have only got four bedrooms. Mr. Horsley: So three and four all of it's on the city right-of-way. Mr. Garrington: That's right. And again, that saying what y'all got today, you really earned it. I thank you for your time. Mr. Klein: Thank you. Mr. Redmond:Thanks for hanging around Billy. Mr. Garrington: I Didn't have a choice. Mr. Weiner: No speakers? Ms. Sandloop:No speakers. Mr. Weiner: Can you go to on the staff please, go to page 8, to a picture of the page 8, look at the driveway. The driveway shot, so 88th Street goes up to where the sign is, but it's in their driveway that's off the street but in their driveway. Mr. Garrington: This is where the two spots will be that are on site. This is where the two spots will be that are in the actual city right-of-way. This is the parking area that was put in that shouldn't have been there that will be taken out and that area will be completely restored to back where it was before which was a vegetated lawn. Should have never been done,it was just some landscape timbers that they put down there while they were working on the house and it's going to be removed. Mr. Weiner: Okay. Thank you. Mr. Garrington: Thank you. All right, we're gonna close it and open up the discussion. Mr. Inman. Mr. Inman: I'm ready to educate you about parking from the ordinance and it'll quickly disclose why we're having a problem. Okay. It says any property utilized as a short term rental shall provide adequate off-street parking for its guests. A minimum of one parking space per bedroom is required. If such parking cannot be provided on-site, the owner must submit a parking plan indicating how the parking requirement will be met. Such a plan will be reviewed and approved by the zoning administrator, stacking of vehicles shall be allowed and no on-street parking shall be part of the plan. So the problem that you may not have picked up on rule when I was reading it to you out loud is we're on site. If parking cannot be provided on-site, the owner must submit a parking plan so they wanted to be off-street, okay, well streets pavement right,that's all we need to worry about. So that's off the pavement. Well, maybe not, what's on-site, on-site means the lot really, I mean, we might want to be liberal about our interpretation, I don't know. But I think there's actually a conflict within that paragraph in the ordinance between off-street and on-site. Mr. Weiner: Ms. Wilson please. Ms. Wilson: That conflict would be resolved by the zoning administrator who resolves all conflicts in regard to the zoning ordinance and so that's what you do if you have a conflict in the language. Ms. Smith: There is a definition of street in the zoning ordinance. So there's a definition of street in the zoning ordinance which may help. Mr. Weiner: Anybody else to comment? Mr. Coston: No, I'd like to hear the definition of street. Can you read that. Mr. Tajan: Trying to find it, please,yeah absolutely. Mr. Kemp: This is a definition of street from section 111 of the ordinance. Street is a vehicular way whether public or private, which may also serve in part as way for pedestrian traffic, whether called street highway, thoroughfare, Parkway, throwaway road, Avenue, Boulevard lane,place, alley,mall or otherwise designated. So it brings in that element of a vehicular way. Mr. Inman: So that's why you allow overhang over sidewalks because it's not interpreted, no I am saying that's not in this case,just in general. Mr. Tajan: No, we have not approved one that overhangs the sidewalk. Mr. Inman: No good. Okay. Mr. Tajan: No, we have not because in that same definition, it talks about pedestrian. We've not approved an alternative parking plan that overhangs and blocks a sidewalk or blocks actual street. Mr. Weiner: Anybody else. Can we make a motion? Mr. Horsley: I just, you know, something made, you know and I understand that zoning administrator makes the call only these alternative space. But if a person who plans for this and you got a wide right-of-way in front of your property, and you can't meet it other than using right-of-way,and a person who applies for this doesn't have a wide right-of-way, he's got a sidewalk and he's got to stay off the sidewalk. It appears to me that we're giving public property preference to a landowner more so in that situation. Because the other guy can't use it because he can't hang out with the sidewalk but because he's got a wide right-of-way in front of his we'll allow him to open his business up. That's the part that, you know, I understand but it doesn't seem like it's fair to every landowner that way if I've if a property that's pretty close to the street and I can't get but two but I've got a wide but my neighbors got a wide, next street has got a wide right-of-way and he can get his two because he can go into the public right-of-way and something there it doesn't, you know, and it just doesn't seem right and, you know, y'all correct me if I'm wrong and I know I like, I'm a common sense person myself so this is common sense to me. I think you need to be fair to all property owners and if you know if they can do it, they can if they can't they can't,you know,but that's just the way I am,you know, I thought. I understand, you know, it makes common sense you got, we got too much right-of-way in some places anyway, why shouldn't that part of the right-of- way be closed, let the property owner buy,pay taxes on it and then he can have his full parking places, that's what I say. But why can't you do it like you do a street closure, you know, do the same thing on right-of-way closure. Mr. Weiner: Anybody want to answer that? Mr. Horsley: Am I off the wall? Mr. Weiner: No, no, not at all. I agree with you, I think you're going in the right direction but the problem is... Mr. Coston: [Crosstalk] would have to survey that whole 80 feet, the length of the street, that would be on the city to pay for that so. Mr. Tajan: So this is a position you can take as the commission. Again, as we've noted, as we looked at the previous application,there's a driveway that exists that is aligned with the person's garage and you can't block their access. So, understand Mr. Horsley, we're trying our best to balance this and we're all teetering on the edge at this point. We'll say that our dividing line is public health safety welfare,which is what's going when a car overhangs the sidewalk or blocks a road that's why we're reviewing it in that fashion. We're not trying to be arbitrary; there is a public health safety welfare issue that needs to be protected. Mr. Weiner: Mr. Redmond. Mr. Redmond:Mr. Inman made a good point that we're, it's a messy process. We all know it, it's not gonna be easy,but Mr. Horsley also makes a good point and it occurs to me this is inherently unfair to anybody who tries to do this and is in a neighborhood with sidewalks,there's not gonna be able to avail themselves of that. My lot doesn't. So I could get six cars in my driveway and two in the garage, which by the way are parking spaces and it just seems to be inherently unfair to someone who doesn't have it, you got sidewalks in front your house, tough, if you don't, you got more leeway brother. So I don't know,that just strikes me as I don't know how to resolve it. That's all I have. Mr. Weiner: I agree with you. I'm raising my hand. I agree with you 100%both of you but like I said, I think we need to look at it because the north end we have so many road closures that need to happen. I'm working on with my friend right now on 47th Street and the city doesn't pay for by the way. Anyway, this is something I think about and I think this particular case, I mean, we just supported one in front of it. So I'm gonna support this. Anyone make a motion? Jack? Mr. Wall: Mr. Chairman, I motion that we approve the application. Mr. Weiner: Anybody second? Mr. Horsley: Second. Mr. Weiner: We have a second. Ms. Wilson: What about number three conditions, number three to,was that on this on? Mr. Tajan: Yeah, it is. The applicant did request to remove the condition. Mr. Weiner: What's Staff's thought on that? Mr. Tajan: Staff provided the condition. Believing that there was a necessary thing that needed to be cleaned up but the applicant is correct that the property lines previously existed and they built over the property lines when that was permitted. So again, staff is recommending the condition to help clean up the situation, but we understand if commission chooses otherwise. Mr. Weiner: Jack, can you add that to your motion? Mr. Wall: To remove item three in the conditions? Mr. Weiner: Remove item three in the conditions in your motion? Mr. Wall: Okay. Ms.Wilson : Who second it? Mr. Horsley: I did. Ms. Wilson: Great, we're good. Mr. Weiner: We're good. Ms. Cartwright: The vote is open. Ms. Sandloop:By vote of 6-2,agenda items number 44 and 45 have been approved with conditions as amended. AYE (6) NAY (2) ABS (0) ABSENT (3) Alcaraz NAY Barnes ABSENT Coston AYE Graham ABSENT Horsley NAY Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS: 1. The following conditions shall only apply to the dwelling units addressed as 8709 Atlantic Avenue and 116 88th Street and the Short Term Rental use shall only occur in the principal structures. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. No additional pavement for parking shall be permitted on-site. Dent- 4. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12.No signage shall be on-site,except one(1), four(4) square foot sign,may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two(2)rental contracts during any consecutive seven(7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three(3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors(which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. R-5 Rt�N"E) t street �~'-"Yr-` ti� ti, ,, ., , \ ,� 8 1 ' C . ',\\ ''i,,,, ',,, f 'I ^I 1 cr R-5R(NEE) // „,., ,:., , ,. . . - V / , , ,,, . \ ,„; ._— - ._5R'(N E.) A ' 1-°; AT' ir ti -5 .N E .��/--- �I % 11 1 I �, a 11 , ' \ ,, y is _ __ � ;07.,,, , c,,,,,\ ,\ . , 1{ Ilti 'III 1 Ir .. 1 1,' -- 1y N V4 Site Merry White %V+ Property_Polygons 8006 Atlantic Avenue Zoning Parking Lot Drive Aisle Fee'. Building 0 10 20 40 60 80 100 120 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: MERRY WHITE [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 8006 Atlantic Avenue (GPIN 24195878878006). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: July 14, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use for a single-family dwelling located at the North End, one block from the Atlantic Ocean public beach. The 5,125 square-foot lot is zoned R-5R Residential District (North End Overlay). City records indicate the three-bedroom dwelling was constructed in 1950. The maximum occupancy for guests on-site after 11 :00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this case. • Considerations: The applicant's parking plan depicts four proposed parking spaces, thereby meeting the required parking as set forth in Section 241.2 of the Zoning Ordinance for a three-bedroom Short Term Rental. All other requirements of Section 241 .2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There were three speakers at the Planning Commission meeting who expressed concerns about the inherent nature of the Short Term Rental use. • Recommendations: At the March 11, 2020 hearing. the Planning Commission passed a motion to recommend approval of this request by a vote of 8-0. 1 . The following conditions shall only apply to the dwelling unit addressed as 8006 Atlantic 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. All parking spaces associated with the Short Term Rental shall be of a permeable material such as decorative crushed gravel. 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 Merry White Page 2 of 3 administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. Merry White Page 3 of 3 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmenti2(P City Manager: e7 Applicant and Property Owner: Merry White Agenda Item wCkli Public Hearing: March 11, 2020 �' City Council Election District: Lynnhaven 54 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation � 1 Approval Staff Planner Bill Landfair Location 8006 Atlantic Avenue 0 GPIN 11111 24195878878006 Site Size 5,125 square feet Existing Land Use and Zoning District Single-family dwelling/ R-5R Residential and North End Overlay (NE) Surrounding Land Uses and Zoning Districts • �g North • Single-family dwellings/ R-5R Residential . 81st Street ,: South t4. Single-family dwellings/ R-5R Residential # . � ► 80th Street ' _ East . . K Atlantic Avenue ; Single-family dwellings/ R-5R Residential West • Single-family dwellings/ R-5R Residential , rt . '3 A ttz { • 1 Merry White Agenda Item 54 Page 1 Background & Summary of Proposal Site Conditions and History • The property is a 5,125 square foot condominium lot at the North End and is zoned R-5R Residential and NE (North End Overlay) District. • The applicant submitted a Conditional Use Permit application for a Short Term Rental for the three-bedroom single-family dwelling that was constructed in 1950. • Staff inspected the site on January 10, 2020 to observe site conditions and take photographs for this report. Two existing parking spaces with decorative crushed gravel exist along Atlantic Avenue. Two more spaces in the same area is planned. • On-street parking is not available directly in front of the applicant's property along Atlantic Avenue. Within walking distance, on-street parking is available one lot to the north on 81'Street and along the feeder road of Atlantic Avenue one lot to the south. • There are no code violations for this property. Conversion of a non-conforming use was approved December 13, 2011. Short Term Rentals inn the Vicinity ate t ea cd`Slceg' ' Shore Drive tree Zn ti ��\ et. r 01 SAP STATUS - • �1 e o Approved C"; �St • Denied Under Review , 1 _, e8` RRegistered �,1 th 0 Summary of Proposal The applicant submitted a Conditional Use Permit request for a three-bedroom Short Term Rental at 8006 Atlantic Avenue in the North End. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 Merry White Agenda Item 54 Page 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 4, 2 existing and 2 to be installed as a condition of approval 10 R(N • 1 `Z 1 Q Zoning History Vu, # Re uest 11¢s«N` q 'CJ \ _° 1 NON (Conversion of Nonconforming Use)Approved I C 12/13/2011 \ /, , \IA-- 2 NON (Expansion of a Nonconforming Use)Approved ,� _ �� o a 12/11/2007 ~01111111 3 NON (Conversion of a Nonconforming Use)Approved �� October 11, 2011 o Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant is requesting to operate a three-bedroom Short Term Rental within the existing single-family dwelling at the oceanfront in the North End. There will be four parking spaces dedicated for the use located in the front yard. Two of the parking spaces have yet to be constructed and will utilize a pervious surface material similar to what currently exists (decorative crushed gravel). No trees will be removed to accommodate these two spaces. Access to these spaces is from a driveway located within a common area shared with the owner of the adjacent property located at 8008 Atlantic Avenue. The proposal satisfies the parking requirement and in Staff's view, all requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 8006 Atlantic 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. All parking spaces associated with the Short Term Rental shall be of a permeable material such as decorative crushed gravel. Merry White Agenda Item 54 Page 3 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m.and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present,carbon monoxide detectors shall be installed in each Short Term Rental. Merry White Agenda Item 54 Page 4 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 28, 2020 and July 5, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 10, 2020. Merry White Agenda Item 54 Page 5 Site Layout & Parking Plan - Ave1.3101/9 mt i 6 j Te____I 11 ts 'Lla !I/XI!S o : `- Qrj not`soa avow a .r a__ Wieli 118 rX—,9"Ix 4T —� WilZire7 "1". ' 74,091:0. .1 : . drive"iri t 1 cif ir •: 4- vtry Y •... I ►i • , i ' ; ,'1 1 8/ r � / ;/� ''PROPOSED `t. BEDROO °)� It t I STR � 1. �iMt1 ,moF! 3., N 4 ! W 1 ; ,..1 iit a Merry White Agenda Item 54 Page 6 Site Photos Ni. A e �y ,,��,,a''aa � •e '1;1 *14 A 'f: libA,- 4,,., D � •; - • r� 1. + IDJey . ,'el OP"": r .. '� • - - . .'I=,7. Proposed Parking Spaces • Y „ .. a r- ji." �y h q _f .�:.� � ,fir.+ _ -",r,.. '- ,r'% .-- 4..,�. -. Ni. x,-�Y`� Ys ' '4/1* ,,41,,...41„4, ' '' „ ,*;„,A pe,11C2' : '#, 174,u,'4'Ai:' 4. 4144 (-:,:le,,,,'..,,ibi" • Kris 'it: N e'' ..,11 i ' ' '4 'it,,, / .. , ,. . .,:_ , N14,4.....,.4,..„.,„ 114.4 •,,A,...1 .4 v 4`',. ;fit 'd •,117 or �i tls s ;,TOi. '.' .I Ii i �F 4, 4 , e i , i J. it* wr• r► . - 1. •r • '"'r..*rr s-+b' dr+ "y"" r. ,,ifs ' -. 5 r... — " `` . Merry White Agenda Item 54 Page 7 Disclosure Statement Virginia Reach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completkm and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement _ Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures roust he updated two(2)weeks prior to ar Page 1 of 7 Flannln Commission and Cit,Council meetin•:that.•eitains to the a. lication(s). El APPLICANT NOTIFIED OF I TARING DATE: E/ NO CHANCES AS OF DA/E: 114i. Oat_ Wt,orobsod(L RFVISION<SI IRNITTFrI r)ATF: Merry White Agenda Item 54 Page 8 Disclosure Statement Virginia Beach TXCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: r\ L4 At,_11/,,�(.; If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Merry White Agenda Item 54 Page 9 Disclosure Statement • 1‘16 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Merry White Agenda Item 54 Page 10 Disclosure Statement W.,,,, ' APPLICANT Virginia Beach YES NO SERVICE 1 PROVIDER(use additional sheets if f'',_ needed) Accounting and/or preparer of av-fic Ex1!V1i your tax return TXArchitect/Landscape Architect/ Land Planner I " 1 Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 17( Construction Contractors PiD/ Engineers/Surveyors/Agents Financing (include current Wt)I) y i-icvteu Alku.frt.- �/ fl mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ Kp{Ve M,Su Era Agents/Realtors for current and yU J} - 1( anticipated future sales of the AS subject property 4 ...... ." SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 7 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Merry White Agenda Item 54 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. ' I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. /14 444 0L-i-- 1�r ry tviu i2 f 31zcf APPLICANT'S S NATURE PRINT NAME DATE Page 5 of 7 Merry White Agenda Item 54 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Merry White Agenda Item 54 Page 13 Item#54 Merry White Conditional Use Permit(Short Term Rental) 8006 Atlantic Avenue March 11,2020 RECOMMEND FOR APPROVAL-HEARD Mr.Vice Chair Our last item 54, Merry White, is an application for a conditional use permit short term rental on property located at 8006 Atlantic Avenue located in the Lynnhaven District. Mr. Weiner: Welcome. Aren't you lucky, Don't you like to wait whole day? Mr. White: It's been a pleasure. My name is Matthew White. I'm speaking for myself and for my wife, Merry White who had to leave earlier. I was born and raised in Virginia Beach. About a year ago, we bought this house here to be closer, I live in Richmond, Merry and I live in Richmond to be closer to my mom and dad who were here and the rest of my family who's here and I have a little bit of a vacation home and also to subsidize that mortgage with some short term rental. So we've been doing that as far as I know we comply with all the things we need to comply for. A little note about why we love Airbnb why we decided to do this? I'm a professional musician. I travel around the world most of the year, a lot of the year. I always choose to stay in Airbnb as opposed to hotels primarily because that gives me access to the city and access to community in a very unique and exciting way. And my experiences, I've done it hundreds of times for almost since Airbnb was invented in 2006. It's a really warm, it can be a really warm and engaging and generous opportunity to connect with people and to show people your city and I'm very proud of Virginia Beach and for me, the more I use Airbnb professionally, when I'm on the road,the more I thought to my skill sets is just a host and someone who likes to be generous with space, fit the model and so my wife and I love doing what we're doing. We have a more stringent, a far more stringent rules than the city of Virginia Beach has offered so no one wants a party less in their house than I do. And Airbnb allows me to curate my guests in a far better way as far as I understand it and as far as my experiences than any other way out there. So that's how we choose to do that. Anyway, we love what we do as far as I know, we comply and thanks for your time. Mr. Weiner: Any questions? Mr. White, I think we have speakers. Ms. Sandloop:We have three speakers. Mr. Weiner: Three speakers, standby for rebuttal, will get back to you. Okay. Ms. Sandloop:David Hamburg and then Thomas Wood. Mr. Weiner: Welcome. Mr. Hamburg: Been a long day, so much for my prepared speech. I can see the way the wind is blowing here,Mr. Redmond's early conversation and honorable Judge Inman here, this rude explanation of the zoning requirements. I'm in favor of Airbnb, excuse me short term rentals. I just think it's an inappropriate spot for it. So I live on 81st Street adjacent to it and I know you're saying it's another NIMBY conversation but fact is, it is in my backyard right up against my backyard. I'm not going to go bore you, what you've heard a million times about noise, parking trash, I do have. It's not if some of that's going to happen. I understand if approved. I'm more concerned about potential safety, and frankly some theft or some criminal things potentially. Right behind my unit, there's a woman who comes down with two young children and they're on spring break, she would be here today. She's livid with a situation quite frankly,very concerned about it and I know some of the other neighbors who are not here are against it. It's nothing. I've never met these people before frankly, so I don't have anything against him personally. It's just an issue. I think you've approved what my memory went on 69, 76, 83, 87, I mean, so do you get into that issue, I know I'm fighting upstream here, but what's the density you know, what's next, RV Parker, I got an idea 22 storey glass building there on the corner of 83rd maybe,you know,where does this go? And I don't think y'all have the answer that but the south end, I'm not saying NIMBY again but that's more mixed use. This is all residential for 100 years it's been 100% residential to my knowledge. You go down Atlantic Avenue, you don't see several 7-11 s, sub shops, you know, gas stations, stuff like that and that's not an accident. There's a reason with the exception of 57th Street Mariner show my age, Windham all the way down to the Cavalier, so you don't, I consider this a commercial operation is where I'm headed with this. You know,the zoning is R something,whatever it is up there and to me, the R is residential. It's not the R and VRBO, or AIR, BNB, it's R for residential and I think this goes against that and I lived by myself, I'm potentially, you know, furniture and stuff, less danger perhaps if you get into that, the safety issue and inconvenience issues and some others are potentially, but it's still a factor for me and I can tell you it's a big factor for other people. Mr.Weiner: Thank you for your comments. Any questions? Thank you. Ms. Sandloop:Thomas Wood and then Kathleen McCauley. Mr. Weiner: Welcome. Mr. Wood: Thank you for allowing me to speak. I'm not going to repeat some of the eloquence that I heard earlier,the gentleman that was sitting there much earlier,talking about the uniqueness of residential neighborhoods in Virginia Beach. I'll just echo the wonderful things that he was saying regarding that. I think we have maybe the most unique residential neighborhoods in the north end of the Ocean Front,let's say north of 42nd Street. I live adjacent to the applicant property. It 200 81st Street, Tom Wood is my name. I've actually lived in that house for 75 years at last count, my parents and brothers and grandparents raised all of us there in the 40s and was essentially raised until I went off to school. And for the last 20'years, I've been a permanent resident of 200 81st Street, which is the property immediately adjacent to the one in question. So I want to talk about the uniqueness of the residential community. And perhaps I appreciate and understand that we need to bring something those of us who are in opposition to the short term rental needs to bring something with teeth in it that speaks to the code, I don't know that I can do that other than perhaps point out one thing. I think there are a lot of neighbors in my residential community that probably have something to say about this and maybe would like a chance to say something about this. I don't know if they had the chance,but I remember when I got the letter from you saying we're having a hearing on March the 11 th, and come on in and so forth and so on. I immediately decided to myself, I better go read that sign. I had seen it on this on the fence, orange sign. So I went around the corner of my house to look at the orange sign it was gone,was no longer on display. I call him Mr. Landfair, as I was instructed to do on the phone. And to his credit, he responded immediately and I believe the sign was up later that day. I don't know if maybe that sign was down for a week or not,but one of the neighbors said to me that it was down for over a week. So I'm wondering if enough of our neighbors have had a chance, maybe to present some argument here that has teeth in it that would be more meaningful than maybe some of the things I could say. Anyway, I did submit a couple of letters they were handed out, I believe, by the clerk earlier and they should be in your package, I appreciate you taking the time to look at those and read those and I appreciate the opportunity to come here and speak today. Mr. Weiner: Thank you sir, any questions. Thank you. Mr. Wood: Thank you so much. Ms. Sandloop:Kathleen McCauley. Mr. Weiner: Welcome. Ms. McCauley: Thank you. Good afternoon. I also am adjacent on the other side. I'm in 8004 Atlantic Avenue. So basically my house is there, their house is there. The reason I'm going to say we should not have this is because they definitely do not have the parking. There is no way you can park three cars there. They share a driveway with the gentleman who lives in the back. They've already had instances last summer when they rented it out that they were in violation and in his way. So I urge you to please do not let this go through and let them have this rental there. Thank you. Mr. Weiner: Any questions? Thank you. Ms. McCauley: Thank you. Mr. Weiner: Would you like to come back up? Mr. White: Yes. Just speak a bit about the points regarding the sign, we don't live there. Bill called us from Zoning, said the sign was down; we put it back up the next day. We put it up in fact, Corey who lives behind me, who I believe is at least marginally in opposition to this helped put it up so he definitely made sure it was visible and I don't know, that's all I can say to that. It was and Bill the guy at zoning has been great, called me and we had my dad come put it up, so I think it was down a few days. I talked to Bill about it,he seemed okay. Mr. Weiner: Just regarding parking issues. Is there still? Mr. White: Yeah. Well, I mean, according to zoning, it's all right,but also to address her issues in particular, the parking can be a little tricky there. So we went ahead and added more parking when built. We were kind of going through this process. They said, you're going to need some more parking. So we put new parking in the last month and the parking should be a lot better. Mr. Weiner: Okay. Any questions? Ms. Klein: Yeah, I actually have a question. Can you clarify based on the where your house is, where your neighbor is located that the? Mr. Weiner: The computer is not working with this. Mr. White: And the back here is Corey, the other neighbor and then the [Inaudible] [05:24:08]. Mr. Weiner: Where's your house? Ms. Klein: Can you share a driveway? Mr. White: Well, this is common driveway right here and then there's a driveway that is under the street where there were two spots, and then we just put it on the third and that's not a public driveway, that's our driveway. Mr. Weiner: Anymore questions. Ms. Klein: So where the blue car is that, I'm sorry? Mr. White: The blue car, is not a parking spot, that doesn't count, this is actually one and then two, three. Ms. Klein: Thank you. Mr. Weiner: Any other questions? We'll close it and open it up for discussion. Yes sir, Mr. Inman. Mr. Inman: I appreciate the neighbors coming down and expressing the concern. I think that it's pretty obvious from what they've observed us, Dave Hamburg was first speaker in opposition, who I know friend of mine. He made the point that, you know, he knows which way the winds blowing because this has been compliance by this applicant with all the requirements. And the reason it's on the agenda for us to discuss is because there was opposition to it not because we thought there was a possible problem. I appreciate the fact that, the other neighbor thanks to Tom I think what might be nice there, maybe not enough notice because the sign was not long enough, and somebody might come with some more arguments about why it shouldn't be,but I think you can see from our discussions all day that if it meets the criteria that ordinance says we don't really have any leeway to not approve. So that's my thoughts on it. Mr. Weiner: Jack. Mr. Wall: Yeah, I do. Again, like Mike said, you know, it's great to have people come down and you push their concerns and opinions and it does shed light on short term rentals,but I mean, I find this consistent with many of the other applications. Mr. Inman: One more thing, to the extent the neighbors do have concerns, it is a use permit, its permit and if there are conditions that you can certainly get a copy of and if those conditions aren't met and if there's problems with the use of the property, you can make the zoning administrator aware of that and they can be checked out. Mr. Weiner: Yes, ma'am. Unknown Female Speaker: Who actually inspect it that they say it's three spaces, who does that because no one inspecting? Mr. Weiner: Staff has been out there to inspect it, the zoning administrator has come up with the parking,he has submitted the parking plan and zoning ministration approved it. Do we have a motion. Mr. Alcaraz: I'll make a motion that we approve it. Mr. Weiner: W e have a motion. Mr. Redmond:Second. Mr. Weiner: We have a second. Ms. Cartwright: The vote is open. Ms. Sandloop: By vote of 8-0, agenda item number 54 has been approved. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 8006 Atlantic 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.All parking spaces associated with the Short Term Rental shall be of a permeable material such as decorative crushed gravel. 3. This Conditional Use Permit shall expire five(5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 04 t..— _ - ---- I 1, . .% ------- ---- v-- \ \ ...... __------_. ______-- ------- ; A.--; , / .. In , ,--:1 _-_:---7-.--;;-cNi , - /,‘""P ti _- 41 . - 0 �AA,, dk ' 11 , _ W C..J t, d • - ✓ I - 1 in ----k ti" c..) It \I\ Ao No 'I, Cf) \ L ' S ?__---------\ j II a t \L \ •• - , . fV U iii le Zeol 41 \\ 1\ _ n 0 e ' _--- - ACct‘cpve U X _ Ue ti J1 AV en J a)r- ACctic nve \, c� CD c c Ave = °' ri- „, VIa‘C‘ . . i 0 i,_., j - T\ Q 31_t O A_- Q O --r_--- . '- N -� O 1 Cr) \ _ _ r= 1 I. I \ \ _ _ .1 r.''.11Nirill -77-'-'" \ \ V 00 .__,\ ram. -._ ' 11111 I ,� , 1 ID off Iii 1 -\,, !; •',I «cn Roa -- -�-- Q ....i.„, , �`r . „,, �i1y y�l JJ :.,„ CITY OF VIRGINIA BEACH AGENDA ITEM } ITEM: 3300 ARCTIC AVENUE, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 3300 Arctic Avenue (GPIN 2418925735). COUNCIL DISTRICT — BEACH MEETING DATE: July 14, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use for a single-family dwelling at the oceanfront. The 7,000 square-foot lot is zoned RT-3 Resort Tourist District. There are two separate uses on the property, the single-family dwelling located on the southern portion of the property and a small dentist office. According to City records, the buildings were constructed in 1955. The combination of the dentist office and dwelling is a legally non-conforming use on the site. City records indicate the 1 ,245 square foot dwelling has three bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. for a three bedroom Short Term Rental is nine. The minimum number of off-street parking spaces required for this use is one per bedroom, or three spaces in this case. • Considerations: Currently, the residents of the dwelling park on the street, as no on-site parking spaces exist. In order to provide the required three off-street parking for the Short Term Rental, a new oyster shell over gravel parking area is proposed on the property. The applicant's parking plan depicts the three required off-street parking spaces, therefore meeting the required minimum number of parking spaces as set forth in Section 241 .2 of the Zoning Ordinance for a three-bedroom Short Term Rental. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda at the March 11 , 2020 hearing, passing a motion by a recorded vote of 8-0 to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 3300 Arctic Avenue and the Short Term Rental use shall only occur in the principal structure. 3300 Arctic Avenue Page 2 of 3 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 3300 Arctic Avenue Page 3 of 3 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 17.Three new parking spaces shall be provided for the Short Term Rental as depicted on the proposed site layout on page six of this report. Oyster shells over a gravel base may be used for the new parking spaces for the Short Term Rental Use. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning DepartmentT9zi City Manager: (6, °NB Applicant & Owner: 3300 Arctic Avenue, LLC Agenda Item Public Hearing: March 11, 2020 City Council Election District: Beach 41 Virginia Beach Request , Conditional Use Permit (Short Term Rental) Staff Recommendation Approval � 11 Staff Planner ...iii Jonathan Sanders '_ *\ ` � Location _• MIL 110 3300 Arctic Avenue GPIN . 2418925735 0 OW Site Size - 7,000 square feet r..*\----)air lei Existing Land Use and Zoning District Single-family dwelling, medical office/ RT-3 Resort Tourist Surrounding Land Uses and Zoning Districts North 33`d%Street r+ ,,. Single-family dwellings/A-12 Apartment , South ` d 33rd Street t ! k - •, `",..w; Multifamily dwellings/A-24 Apartment '''l. . East _ Arctic Avenue ', 1 ' 'Apartments/A-24 Apartment I %- t a� West * f Single-family dwellings/A-12 Apartment t •� d 'sl tfilo11:, v.,� ". • Cd_4" r ! ., 3300 Arctic Avenue, LLC Agenda Item 41 Page 1 Background & Summary of Proposal Site Conditions and History • The 7,000 square foot lot is zoned RT-3 Resort Tourist District.There are two separate uses on the property, a single-family dwelling unit and a small dentist office. According to City records,the buildings were constructed in 1955. The combination of the dentist office and dwelling use is a legally non-conforming use on the site. • The Short Term Rental is proposed to occupy the existing 1,245 square foot three-bedroom single-family dwelling on the southern portion of the lot. • A 1,222 square foot dentist office is located on the northern portion of the lot and is not part of this application. The required five parking spaces for the office use are provided along 33'%2 Street. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. No parking is currently provided on the property for the single-family dwelling, as residents park on the street. • On-street parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • There are no previous Council actions or zoning violations on the property. Short Term Rentals in the Vicinity / /# eV a —77V f 11 Il rOA"\ -t \ . 1— 0 . I: \----1—c. 1ge, Ana A - t 1 � N '. STATUS I. �\ . p approved 1�—��;'i���ee� J 0 Denied - 1ti 'A,"'. O Under Review r Q Registered _f�Ear, �s Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for the single-family dwelling located on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 3300 Arctic Avenue, LLC Agenda Item 41 Page 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 A ,2 A 24 A_3 t. O� un,5%04' A ,s Zoning History A3 4.- # Request z 1 NON Approved 11/12/2013 Y ,3fa 0 s„„s R-20 A 721 "� OR 2 NON(Four to three units)Approved 06/07/2016 a •ii _� —� 72 3 NON Approved 06/05/2018 . s, a A-?4 4 NON Approved 01/14/2014 {;} ' 5 NON Approved 01/14/1997 _ �'"' A is ,, # e 6 MOD Approved 02/06/2018 ` ail /' '� 7 MOD Approved 09/28/2010 1 -�--- " sx•s"'�` -----'n CRZ(R-10 to Conditional A-12)Approved 09/12/2000 A-12' ______------7— _. —r, OR 1 ,\ A,12 ,"�'� �' Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation As the Short Term Rental requires three parking spaces, the applicant has provided a layout proposing three parking spaces along Arctic Avenue. Currently, the residents park on the street as no on-site parking spaces exist primarily due to the age of the home.The applicant states that the parking area will be oyster shells over gravel. Staff finds this approach acceptable, as the oyster shell driveway and parking space will be more aesthetically pleasing as opposed to concrete or asphalt. Oyster shells are also in line with the character of this neighborhood, which is at the oceanfront. The parking area is designed to intercept and infiltrate stormwater, rather than simply allow runoff onto adjacent properties. On-street parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. Based on the considerations above, Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 3300 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. 3300 Arctic Avenue, LLC Agenda Item 41 Page 3 3. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30)minutes. Physical response to the site of the Short Term Rental is not required. 6. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise),31-26,31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 3300 Arctic Avenue, LLC Agenda Item 41 Page 4 17. Three new parking spaces shall be provided for the Short Term Rental as depicted on the proposed site layout on page six of this report. Oyster shells over a gravel base may be used for the new parking spaces for the Short Term Rental Use. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1,2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on March 5,2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 28,2020 and July 5, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29,2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 10,2020. 3300 Arctic Avenue, LLC Agenda Item 41 Page 5 Site Layout & Parking Plan 33rd 1/2 Street ' v 62'46 z„' £ SC 6C C i '+E s: -NS 5 = Parking _ i for Office N Dentist Office z. - � 8 - 1 sToRV s a 1 111 1 34 0 9+ g -, 31) z . D 3 1 3 droom- . _ g 'Single- = Family New Dwellin parking rz S. - P--- spaces for Short Term 1 Rental - ' , 2 I 3 oyster shell ..,•.,irei- • tea- surface 33rd Street with timber border 3300 Arctic Avenue, LLC Agenda Item 41 Page 6 Site Photos 14000%iiiiiiiiiiiiiiiiiiiiir 411 .: i .'w- Ill _ • , . . -1' ' i i P111111111111illlllillllillt�lii , ; g h,li i,, atoll = _ "�, �IIIi�7iiii. ...;;;•...;.I;a,,.l, s°7 _ _ _ t$ f ti h . -� .Nrl�aP 5.'I ,! . ` i Imo! Ali --. _ Lei ' - © l jiIIIIIIII j � _ - -�__ '., , -.'-.- -` _ . • • • ...: ,a• , f .. 3300 Arctic Avenue, LLC Agenda Item 41 Page 7 g a2ed Iv wall epua2'' 311 'anuany 0!P V 00££ '', t 3.L • Y • ,. yt iF 4 h i3 0. e + i1 i I 1 HI( I fTirlll IL+ = k, r t Ft � 1. -.� -- - air, r� ______---- # � _ I11 ., ItI1•:;5�"ri"• n"IlII1111 iI1�:�._-, , 4< HEll111H�IIH111I I11111111111 1r11!, A‘.•.' - V.` U. 4, art y� + — t , t Ai SoIoyd al!S Disclosure Statement II'8,111i I BC,II APPLICANT'S NAME 3300 Arctic Avenue, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 APPLICANT NOT,i. IK NO CHANGES i+k%L cols:ru, W't"hL"» L.' REVISIONS SW 3300 Arctic Avenue, LLC Agenda Item 41 Page 9 Disclosure Statement 1/B Virginia Beach ▪ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business. or other unincorporated organization. (A) List the Applicant's name:3300 Arctic Avenue, LLC If an LLC, list all member's names: Kenneth F Hunt, Jr., Nancy E Hunt If a CORPORATION, list the the names of all officers, directors, members, trustees, etc below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization. AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 3300 Arctic Avenue, LLC Agenda Item 41 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 'Affiliated business entity p. other than relationship" means 'a relationship . parent-subsidiary relationship. that exists when (i)one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code g 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 3300 Arctic Avenue, LLC Agenda Item 41 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 1 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) pi ® Construction Contractors ❑ II Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 3300 Arctic Avenue, LLC Agenda Item 41 Page 12 Disclosure Statement certi yt at . o t e in ormation containe. In t is Disc osure tatement orm is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S GNATURE PRINT NAME DATE Page 5 of 7 3300 Arctic Avenue, LLC Agenda Item 41 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 3300 Arctic Avenue, LLC Agenda Item 41 Page 14 J f - _____,, -1.-------;4 1:1',It _ _ - .ram , ' . \-----1° '- \ (5,..: •..i____ . ., .. i c_____I I_ , , _____„to. ,•. ____\ . ,.7, ,, _____,0,v____,...- „:::::____ : ...t 4....40,, \\J___.:......;_r_____ 1_,:,...__- _,tit„._ -,.. ,\ „It -_______.„:„:„-_::::____„„_,__I--- \ , \__ _______-.. ...0.--7-,_ -- _----6-20e--.:::::::- ----------- . 'l 'i, -__c54.6-\ AN„.e,„„i.,:,,-, \____ril • \-- „ -re. .., : ,4. \ • =fir _ �'' d = sit. . '\ . \ ?")\---.-__-.- . k �� eo p;4 _ :____.- . to 0 ..e -i----t \ tot 4,0„,...... , , _ _ iiiimi\ 41),.._-_-7:44.,. (54„...0 , __\_____„s..----- .--,„...:, ', ay-- . efi.' -- ___c.Gt,ci. - ,,__ ., ,,,.... --, ...)05\_ , -A.c I t i3O,16AL... V S , , .• \ ‘ . . ' ----\ ' i , I \, , \ \ 1---- A \ '• \ ) r �—ii11 - } tl .,„,liiiiii, \,, I\ r "` 0641 --V • * a) ??1CC cu _--i 6 O N zr, TA ../\C r \,, 0 . 0 Item#41 3300 Arctic Avenue, LLC Conditional Use Permit(Short Term Rental) 3304 Arctic Avenue March 11,2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you, Mr. Bourdon, and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none, the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staff's recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to short term rentals. Yes, I have my extra paragraph. Ladies and gentlemen, short term rentals. The planning commission places the following applications for conditional use permit for short term rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk,please start that please. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 3300 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. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six (6) months of the property real estate transaction closing date. a)A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b)Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 17. Three new parking spaces shall be provided for the Short Term Rental as depicted on the proposed site layout on page six of this report. Oyster shells over a gravel base may be used for the new parking spaces for the Short Term Rental Use. iPII" \ \ iv,_ A ____ I - 1 \ k......._ .... .., - * -,- - _- \ N\p 17' - ., r N l I ; o II5 ill .". ,, \I\\ 0 \ .0 Ii ' p 1 CO ' J ,------ I 5f 1111 t I NI 1'1 1r _�II N I CD I O ZI � �I 1 r Q !I II 1\\ I f� S •C I I 1 ` y _ ea \do wip yCI a CD N ,\A :, N I %... likak. ;Igo: ill ffi y`,Y� I II t,' ea r I CD :.-.3---- V--- ----1- 0 \IIIIIIIIPIP"P\ II' - -= --s - '_- _r - -y ~ I lit I i -,k i I r__.t c------________ ___-- I \ ,, _ __ ili _= t 1 ' - ' Ili l\---:._.._.._....5 + 1� --\ - ` rl ---1-\--- LC\II ----- ,, _ \ ___ __- o 01 a. ve g•r.< - /�Ven _.---- QI 01 /"� 01 c c P ark �, Ntp o _q to 5 , Li r i) 0 a NI a m 1 ICI r ks , , r 1�aHu��,y. S �'T`ys C• 11: 4-e i•i `ice:.:- CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: HARSHIT DUA [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 716 16TH Street, Unit A (GPIN 24179620020001). COUNCIL DISTRICT — BEACH MEETING DATE: July 14, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use for one unit of a duplex located at the oceanfront. The 7,000 square-foot lot is located within the R-5D Residential District. The Short Term Rental will occupy Unit A of the duplex, which according to City records was constructed in 2016. City records indicate the dwelling has three bedrooms. The maximum occupancy for guests on-site after 11 :00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of off-street parking spaces required for this use is one per bedroom, or three spaces in this case. • Considerations: The applicant's parking plan depicts three proposed parking spaces for Unit A and meets the required parking of Section 241.2 of the Zoning Ordinance for a three- bedroom Short Term Rental. Parking for the other duplex unit, Unit, B is from a separate driveway, as depicted on the parking plan. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental use can be reasonably met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda at the March 11, 2020 hearing, passing a motion by a recorded vote of 8-0 to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 716 16th Street, Unit A and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Harshit Dua Page 2 of 3 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. Harshit Dua Page 3 of 3 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. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ip City Manager: +,, `f Applicant & Owner: Harshit Dua Agenda Item Public Hearing: March 11, 2020 i, City Council Election District: Beach City of AB43 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation O. 0gg ,, Approval 4 Staff Planner 't Hoa N. Dao rale. tik Location '_. t 716 16th Street, Unit A , lik _� GPIN • lei , 24179620020001 _ J Site Size 7,000 square feet 01111110114 Existing Land Use and Zoning District Single-family dwelling/R-5D Residential —`--c- Surrounding Land Uses and Zoning Districts North 16th Street Multi-family dwellings/A-36 Apartment South tt ` ! .. 15`h%2 Street (alley) i `' ' t /r • Duplex/R 5D Residential + ,. , ' + • East II. .. 1 ` Duplex/ R-5D Residential r 4, 0 ;. 'i West Duplex/ R-5D Residential • §, ,„ air. ir • , . � , '1 1. zte- 4av ' Harshit Dua Agenda Item 43 Page 1 Background & Summary of Proposal Site Conditions and History • The 7,000 square foot lot at the oceanfront is zoned R-5D Residential District. • The Short Term Rental will occupy in Unit A of the duplex that was constructed in 2016. • Staff inspected the site on January 10, 2020 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of 16th Street. • There are no zoning violations or City Council actions found on this property. Short Term Rental in the Vicinity � ��� •• tom!Ilaw--- 264 _r__________,_, 2...7,---- ... , toe ip _, _r_____ ___________________70___:__._ \ .z._...\ _ . . _ , siety .. 4. t,.._ist__ __ t vsit •.4_•-\ ass9 b-,5 01.1__,-, .L, `c .___rr:_-_--;----------m \_____ %-10 l 1 f„11� �� U�-i' � ,``lit 1141010 Mg11 .. .\,,,;\,_s,.014., Y\ _Ill. //)N'`,/� "*70sis �n►�i`' 4 ' W, . '. STATiJS 1 S �"11 '� �Ir• 0 Approved �j--, Denied /446 0 Under Review st t � /� - 0 Registered 41�N,{,1 Summary of Proposal The applicant submitted a Conditional Use Permit request for a three-bedroom Short Term Rental located in Unit A of the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3, including 1 in the garage* Harshit Dua Agenda Item 43 Page 2 *Up to 6 parking spaces can be accommodated: 2 in the 2-car garage and 4 in the driveway without impeding other vehicles' use and access. OR • t �1 R %,,\ ,?1\1 \\ _ / n No Zoning History to Report. oCe3 \ \:1\i , R _ p 0 � 1,13 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The guests of the Short Term Rental will access the property from 16th Street and park their vehicles in any of the three provided parking spaces on this site. Unit B on this lot has a separate driveway and parking area, as shown on page 6 of this report. The three parking spaces provided meets the required parking of Section 241.2 of the Zoning Ordinance for a three-bedroom Short Term Rental. Staff is not aware of any opposition to this request and finds that the proposal can reasonably meet the requirement of Section 241.2 of the Zoning Ordinance. Based on the considerations above, Staff recommends approval of the application subject to the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 716 16th Street, Unit A and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five (5) years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Harshit Dua Agenda Item 43 Page 3 Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site,except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three(3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes Harshit Dua Agenda Item 43 Page 4 and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant reported that he met with the surrounding property owners,and no objections were raised. Six letters of support have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,June 28, 2020 and July 5, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 2020 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 10, 2020. Harshit Dua Agenda Item 43 Page 5 Site Layout & Parking Plan 15th % STREET e' _..__- --1=.- —e—�w---�- Ir �? -- . I . og �� •dol / l es u . it ,'• / /2,4:1/ - FL .II '//,. ,,, ,ere q�5i •o ,, ,I 1 ,\\ I . I- r z 1-•. • �� L s...s • .:_-, t i• - tN I CO ILT; k. y I /LI =" , )-(z,—<' 16th STREET Harshit Dua Agenda Item 43 Page 6 Site Photos _...-------------. --_,----- ---,—,,------ — \ .- - • !*, ' .-• Or ilii: '',Aist :...! ,:_..-;.•,ter ..i.,.. , . . _ set 1:----'1-P'7-7t--41'7± . ,. --....- ,.. 1 — . - : — 7,—'-.....wiewom.................••.-1,..”..-.fikawea - . "'•••'••• ,,, ...- .. ,.. ....- _ ,...--• . "kb. _.. ...---.. .,,, 1-,'• ,-• - . . •.y :.:.•:, ,.,-,-, •••A .•. '' - AlF‘ •`*"":` -:•eits • V,.4.....- ••••. ., t'...S1'..• '...k ..•"' • '..'•••,!--•';...,., • 1 - 11 :1 - ' It I 16'416 IN NI I - . ,. SIP A ...• .,-;;* . --7,-:- -..' .---.I . .1" 1.Fff--- -. 1=r...it.. -ift-,-,..•.,_.,. ltigit-..-f.— ,,..., . a i • 4,40.‘ ' - ..... . _,* . .:._ ,,... - ..... ___ ----------......_ .- .,., t•--;_, _ . -_. ...„ - • - ,.. • Harshit Dua Agenda Item 43 Page 7 Site Photos - 1 — 6 A 1 Harshit Dua Agenda Item 43 Page 8 Disclosure Statement APPLICANT'S NAME H4, sfl/r ID 04 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exce•tion for (EDIP) Changes Board of Zoning Encroachment Request Rezoning A.peals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Ptanninq Commission and City Council meetino that pertains to the application(s). APPLICANT NOTIFIED OF NEARING DATE: I - ® NO CHANGES AS OF DATE: 07.01.2020 hDao El REVISIONS SUBMITTED DATE: Harshit Dua Agenda Item 43 Page 9 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. UCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__Hwr5b,}__Ds1A If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is.different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:_}i0416 __pie If an LLC, list the member's names: Page 2 of 7 Harshit Dua Agenda Item 43 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 ♦ SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Harshit Dua Agenda Item 43 Page 11 Disclosure Statement 1/13 APPLICANT Virginia Beach YES NO SERVICE (PROVIDER(use additional sheets if r needed) ❑ I/ [Accounting and/or preparer of - your tax return ❑ Architect/Landscape Architect/ — Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ /I Construction Contractors ❑ ,/ Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders ❑ ✓❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ n✓ Legal Services Real Estate Brokers/ ❑ 2 Agents/Realtors for current and anticipated future sales of the subject property - 4 ... ___ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Reach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Harshit Dua Agenda Item 43 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPL ICAN T'S SIGNATURE PRINT NAME DATE Page 5 of 7 Harshit Dua Agenda Item 43 Page 13 Disclosure Statement OWNER of Unit A `vii�mia> ctt YES I NO 1 SERVICE [PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return I I Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than© the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Iil purchaser of the subject property " I (identify purchaser(s)and purchaser's service providers) U ICI _ . Construction Contractors I I [ Engineers/Surveyors/Agents Financing(include current ✓ mortgage holders and lenders LJ selected or being considered to provide financing for acquisition or construction of the property) ✓I Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property ♦ • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development 2 contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Harshit Dua Agenda Item 43 Page 14 Disclosure Statement moo.N Virginia Beach CERTIFICATION: 1 I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I 41 I understand that, upon receipt of notification that the application has been 1 scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. pp oV,...-- Vic rstI f 6uc_ Iz�111 oN1' PROPERTY OWNER'S SIGNATURE PRINT NAME ATE Page 7 of 7 Harshit Dua Agenda Item 43 Page 15 Disclosure Statement OWNER of Unit B virginiaBeach YES NO SERVICE [PROVIDER(use additional sheets if j needed) nFX. Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed El f Y purchaser of the subject property U (identify purchaser(s)and purchaser's service providers) n ©' Construction Contractors n © Engineers/Surveyors/Agents _ Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nE Legal Services Real Estate Brokers/ n ( Agents/Realtors for current and ' I 1 anticipated future sales of the subject property _ ♦ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n re an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Harshit Dua Agenda Item 43 Page 16 Disclosure Statement 'NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 7 • ow- 's sicr uatc —_ l ;•� 'v NAME D. Page 7 of 7 Harshit Dua Agenda Item 43 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Harshit Dua Agenda Item 43 Page 18 , \\. __.\ \ \- .\,,,_1\ H.c.::___ ___ ____A, , tiet1/4,1,. ,_\_:,L,_1 , \. ilt1 - . .-1-----. ---Al 4•A__-• \ -'------ 71ir--: Q _-____,•1\.--..--jot-, "` VV��"tt l �JY _ ' AI •C'A'�eoU •o YC rL 'S '�� h �' fit, +- N O v. • l VD C-5-°'.' t_t4-4 - \ y 1_-ter— — A4 �i; \ - \ 1-= \---4°e;c::-.F1 ‘ ‘ #( CL LU , � z — - e v.. --q----\ < CC l't tt311 -1---A ‘ tC-----' I, \----1 1/i 1:11 -- --:::tao.. \ \ I . LD -4 -... .c.,_,--•tts---": ---13) c_ . — \ 'A:\ ______4 \r—tF4,1,-_,,, %.‘c.);, \s A n ---- \ _ re -zy -OW Ur-ir, 114.11\c , s . wo i1 1 by c:i CC Q k' t . . C .- � sc 1 \Il 1 e\, \\ ti l t , � vend X `.- O 0 i �on-ps \ ' \\ sri+?9 I \\ t \ ' \ \ /:N V> ��. c \ , \n \ \i ,t e~ v Q �_-� ��e _ dit jetiersiO'n a > N N' {LS \\c, I 0 Item #43 Harshit Dua Conditional Use Permit(Short Term Rental) 716 16th Street March 11, 2020 RECOMMEND FOR APPROVAL - CONSENT Mr. Redmond:The planning commission places the following applications for conditional use permit for short term rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk,please start that please. AYE (8) NAY (0) ABS (0) ABSENT(3) Alcaraz AYE* Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE *Commissioner Alcaraz abstain from items 23, 24, 25, and 26. CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 716 16th Street, Unit A and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. This Conditional Use Permit shall expire five(5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building,housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12.No signage shall be on-site, except one(1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2)rental contracts during any consecutive seven(7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ...t. i - .ram" lik n . _ it , r ..,,,;.,:ivi--i,. .,:;,,,,,, , ,t___,,_„- .r,L',-----s*-4--,, 1 14.1\ ..) ,74-1-t -e,e-__ ci ----\ ‘...- CD tv im u. 77\II° %-- `'.4.---,,,, _,-,:r-,,,,,,-----4e012.7, % \ the , , �\ -"I , ,� c.-N - _ 11 � j�� � mNr ue I -1 I, '2, ''..S\'' 0 i i j t1ar��e &V en06 ue �� '� N \\ \ a4 i\e4 csi t ‘ \'''''' "Nik\s\NIN\c;, U N E el k ,,,,,,, ok g , I,0 CD wo ,\L \ vi\\k, , ,, ) . CD _\ ---- rl _ter _ N tie- Alelt � rion ue 40 Ce 4.0 i -� _) N ii �,10 , 0 ---"" �/ ;, L-- Illli.'x.p.cp___:C"‘"-=:)r_____------\. 4:. 1, tl o ups .f �H Ht ,, ., .„ P J ,,, jJ1 t +.4 �N l�VYiJ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: POOCHIE, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 208 27th Street - Units 201, 202, 203, 204 (GPIN 24280086750000). COUNCIL DISTRICT — BEACH MEETING DATE: July 14, 2020 • Background: This 9,870 square-foot parcel is zoned OR Oceanfront Resort District. The property was developed in 2019 as a mixed-use building type with commercial space on the ground floor and two stories of residential above. The current request is for a Conditional Use Permit for Short Term Rental use in the four residential units on site. As per City records, two units contain two bedrooms and two units contain three bedrooms; therefore, 10 parking spaces are required. The maximum occupancy for guests on site after 11:00 p.m. for a two-bedroom Short Term Rental is six, and the maximum is nine for a three-bedroom Short Term Rental. • Considerations: This property is located approximately one block from the public beach of the Atlantic Ocean where Short Term Rentals are to be expected. There are 12 spaces located in a small parking lot at the rear of the building accessible from the 26th 1/2 Street alley, thereby fulfilling the minimum requirement of 10 spaces. The ground floor commercial use has no parking requirement since it is located on the east side of Pacific Avenue. Parking on this segment of 27th Street is metered and therefore is not part of the Residential Parking Permit Program (RPPP). A condition regarding the RPPP was inadvertently included in the Planning Commission's Staff report. This condition has been removed as indicated below by strikethrough text and in the attached revised Staff report. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda at the March 11, 2020 hearing, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 208 27th Street Units: 201 , 202, 203, 204 and the Short Term Rental use shall only occur in the principal structure. Poochie, LLC Page 2 of 3 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. While this Conditional Use Permit is active, parking passes iccued for the permits through the RPPP shall not be permitted. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- Poochie, LLC Page 3 of 3 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 10.Accessory structures shall not be used or occupied as Short Term Rental. 11.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department-R97 City Manager: ik) Applicant & Owner: POOCHIE, LLC Agenda Items Public Hearing: March 11, 2020 31 32, City Council Election District: Beach c ity of .33, 34 Virginia Beach Requests #31 - Conditional Use Permit (Short Term Rental)— Unit 201 #32 - Conditional Use Permit (Short Term /' Rental)— Unit 202 1 .� #33 - Conditional Use Permit (Short Term r101 Rental)— Unit 203 �� #34- Conditional Use Permit (Short Term .*!�. Rental)— Unit 204 `off Staff Recommendation o Approval i // lr =14 MO.01111wmia Staff Planner ii �.*�' ,�' Karen Creech �_ w � � Location . 0.+�. 208 27th Street, Units 201, 202, 203, & 204 '' j �� t IMO GPIN 2428008675 Site Size 9,870 square feet „ evei ; • ' Existing Land Use and Zoning District 1•' i= c• r Mixed Use Building /OR Oceanfront Resort i t , r • Surrounding Land Uses and Zoning Districts �' _4 --1 North J_ , 4 \ \ ` ram'. 1 27th Street ►r. " �` ` ��„ Retail, Parking/OR Oceanfront Resort �Plitri South , oyer— "- 26th % Street (alley) x P`: t ,iso ,� Hotel, Parking/OR Oceanfront Resort 40\C ` . -` 1 1 East . ¢Restaurant, Retail /OR Oceanfront Resort a '"`, f '� C .°` �` West =a " e . i Parking /OR Oceanfront Resort POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 1 Background & Summary of Proposal Site Conditions and History • The property is an approximately 9,870 SF parcel located in the OR Oceanfront Resort zoning district. • The property is developed with a mixed use building with retail at ground story and 2 stories of residential units above. The building was constructed in 2019, and is currently working towards obtaining a certificate of occupancy. • Staff inspected the site on January 10, 2020 to observe site conditions and take photographs for this report. • &treet during the restricted hours. Parking along this segment of 27th Street is metered and not part of the Residential Parking Permit Program (RPPP). • No parking is required for the ground floor commercial at this location because it is East of Pacific Avenue. Short Term Rentals in the Vicinity __--- \ \___ _ ___\ ' --\____f:----- \---1, 1 Ii-�-1 �kir Fo b j------ - _ _ram :\fit :� 1 1 _ 1 34tr 5 -t� 2.. 1 T�- 1 { =i 1 zL - f` A 290 st r1'' t\ Jam, cc' 1 ` -AA_ , 1c -ram ti28tti6` 1 " \*.� /ti ( - 'i-\-1:----S__1 - 'L-c._---- '. \-------\ �fkFs tfe � e . 0- l� '\ tie 1 Vt fr-7 L~ J - _ 1� STATUS \ --' Q Approved ,`.'�f tr a �tret Denied 4� \ 1 2, , 1. I Under Review Area- r� ��'" �� h... 0 yAth ,. _-ei Registered I ` \_- \_id , , \__ , +1 POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 2 Summary of Proposal The applicant submitted a Short Term Rental (STR) Conditional Use Permit request for the four(4) dwelling units located on the subject site.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. Unit Numbers: 201 202 203 204 Number of bedrooms in the Short Term Rentals: 2 3 3 2 Maximum number of guests permitted on the property after 11:00 6 9 9 6 pm (maximum 3 per bedroom): Number of parking spaces required (1 space per bedroom required): 2 3 3 2 Number of parking spaces provided on-site: 2* 3* 3* 2* *12 on-site spaces (7 Standard, 3 Compact, 2 Accessible). The ground floor retail East of Pacific Avenue has no parking requirements, so all on-site parking can be utilized for STR. Members within the POOCHIE LLC also own a parking lot at 2607 Pacific Avenue, at the corner of Pacific Avenue and 27th Street, that can provide additional parking if needed. 0 'R t •a `Oe t , OR d R A OR a 1t ntfist'•K A- 2 Zoning History 3v ,.i 1+ # Request \ 1 • I ALT(project across multiple parcels—Hotel,Apartments, q11IC1 i ; ' and Parking Garage along 27th Street)Approved 11/13/18 °d OR , 2 ALT(Mixed Use Building)Approved 02/11/2014—not built \Q OR 1 1 ii gbth Strout �:� �1 — r—, 2030".et A.., OR r l R \ \ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation The site is located on 27th Street between Atlantic Ave. and Pacific Ave. and has been developed with 4 dwelling units of which two are three-bedroom and two are two-bedroom. The short term rental uses will utilize all on-site parking to POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 3 fulfill the parking requirement and there will be two additional spaces on-site. The parking will be accessible from 26th half street alley. The location of this building East of Pacific results in zero parking requirements for the ground floor commercial tenants at this site. Furthermore, all requirements of Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions for Items 31, 32, 33, & 34 1. The following conditions shall only apply to the dwelling unit addressed as 208 27th Street Units: 201,202,203,204 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 temporary permits through the RPPP shall not be permitted. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 4 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site,except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 5 Public Outreach Information Planning Commission • The applicant/applicant's representative did not meet with the civic league. • Zero letters of support/opposition have been received by Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 10, 2020. • As required by State Code, this item was advertised in the Virginian Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays, June 28, 2020, and July 5, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 10, 2020. • Zero letters of support/opposition have been received by Staff. POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 6 Site Layout & Parking Plan PROPOSED 70 WATT NPSV COBRA READ PLAT LENS STREETIJM-a MOUNTED Al SO FEET/EIGHT WI 111 A 13.ARM I OFT EXISTING POLE I I 7. 11 F LE 01001111 LAST PROMIX e NW PPE 90UARD AS 'W 911099 Ll CI OtZt r 9. j. • .I At. CURB .e ,fr z... 26TH I/2 STREET '' t‘ 0 'LLD 19 397 -MB 3 177 v III 1 I 1..V''. GAN ., •••• ILI_I \ 92'CE PVC 11/REIRD\ REFIECInelAPE/ ,,,,,„00.LOST ta It OE CURB i Ot] 7- / -.1 / I . _ -I Z9.5' -es.- • 6*WALL:MATERIAL TO MA/CT: , PROPOSED ARCHITECTURE.0 I 4. 1 i i 7 I .... REINNNG IVA.1;L95.167 1 TRIII140 1 AR (0> , Existing 1.... . Parking 1 I ,. ii•'• . KM 411,.c•011,1,.„..-., (12) Spaces .I PmAALLE MIRDisMS-R,mt IL TY 000.000r2i0C ' I 1 ..• ' . I I25E BEM NE WEVERM I OT LOT a ID . V 0 3 77^1, .....-747%.0e Mil • ,.3... A 00 L•' 4, ,. .......,. W - ,. Yak OP I-011113/11.• :NUM US -.- j•IT' -..- - ____ J . E3 It 2C153.310307J33, --'' . '. - Z ; Mama . 7 La,7A v•40,02.34”.0.6100(••A': 1 0.0..0e.44.,,r• :...• <:ie MN 200-00-0626 Purswal re 9614,15-8,11.,1 ray b,.-1 (..) trannralernaresernratia.,1001.4. p- F .c.......,.....‘,.,../....,...VA Z < A ....l. I 1 < I 1 Existing Existing , _SSiqc .....“.....,ac u-A- irmv.rwro,v.,-4:-t abewra bob', Building an5".Naerctlan,more-Wresrs an t...... • Building argestirro4t..,,I..-ro,:arab:lac i I - 1 1 0,1 (Retail/Restaurant) (Mixed Use) 1 I . .. 34111 /3 -,' ‘.\-* 7aI7I., ,11.!o ft ..,1 v,•!-, REMOVE AND REPLACE(SAYE LOGATDLAID*),i1,,.,,,s.) 17 F ATIES CONS-nit/Cr% ./1L . primL0 , : .:\ -7., 4., 'II _T,.. _,_ :-.017/ --F-41fV*'`I X99/ . e e',k 9%ref 4, ....., . itl.A. ...,,,,,.,. , .",,:• ,Aiki.,,-.4,.4.. 77k.,,,,%... :..), i ' ''" t RV 110Ari,•MT IP•C IMO otv vtarI Ft. MO.PROF 1.004 r I re.AS-WILT tO1 caws ow: ,......„ k___ _ ,0 at 7 'ri‘,cp-4•iti '1 t 12.43 i d'tz ,. 7 f e.eisav L, ,vi If:.-:(2-Clitrmrr . 403 40 Lit/T 0,,,, R 217 .1 5. 27th STREET OW R/W)'I Mil 3 P.I /. ;L ",...•i I_0:•it ; L.a•322 I , a--- ..• P .......--''.----- ..-.-- 6. I , a wvi \-) •--- r . R- 93 1.., rr f If!AN- , <.• / . --' o-IV4-2..,I2-"C-14 tog / POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 7 Site Photos 4-41.- -_-,-. —,----"-------.------- -------: 11 Units at t -*`' Floors _ _-- C f ,„, i " = iiki . b 8 - +t —,,.- ... �E k f _....,____ __, :-1-1.1- ' 1 11?-7: __..._ . .. . . _ .__ . . • • .11 .,1 y a ..._.„.. . .... .. . _.,...• .. .._ I ._. . ... .,,,_ , , it , "`.. - TM *yam. tom 3. - POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 8 Site Photos 4 4 ill 4, _ _ , „ ,rram_ a,: r lik:S.k Parking—accessible from alley POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME Poochie, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness ---- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. ► SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicationts 0 APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE. 3.13.2020 >�.�.. et REVISIONS SUBMITTED DATF POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 10 Disclosure Statement 'NB Virginia Be.,.r; Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. I X I Check here if the APPLICANT IS a corporation, partnership, firm, business, or • other unincorporated organization. (A) List the Applicant's name: Poochie, LLC If an LLC, list all member's names: John W. Vakos, Sr. Donica H. Cool Alexandria DeFord Sean Morgan Linda P. Vakos Donald H. Thrift John C. Williamson Sarah Vakos Sandra L. Vakos Janice V. Williamson Mark Vakos Matthew C. liakos If a CORPORATION, list the the names of all officers, directors, members, Kayla Vakos trustees, etc. below: (Attach list if necessary) Pamela C. Aldridge • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Vakos Family Development Company, LLC See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner indifferent from Applictnt. nCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. • n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's • names: Page 2 of 7 POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 11 Disclosure Statement • Virginia Bea'b If a Corporation, list the names ofall officers, directors, members, trustees, • etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) • 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." • See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 `Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, • Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 • POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO ( SERVICE PROVIDER(use additional sheets if needed) , l xI n Accounting and/or preparer of 1 Roger L. Handy, PC f ' your tax return x l I I Architect/Landscape Architect/ Randolph Hicks u Land Planner �Y � Contract Purchaser(if other than n [ the Applicant)- identify purchaser and purchaser's service providers My other pending or proposed n purchaser of the subject property u I 1 (Identify purchaser(s)and e purchaser's service providers) n Construction Contractors Susses Development Corporation Rudolf Construction_Partners Engineers/Surveyors/Agents GTi__n K_ur_evore P Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) U Legal Servkes Kaufman & Canoles • Fender &_Coward Real Estate Brokers / n LJ Agents/Realtors for current and anticipated future sales of the subject property • • �♦ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development rig contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? • Page 4 of 7 POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 13 Disclosure Statement Mi3 Virginia Beach • CERTIFICATION: i I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information • provided her9-in two weeks rior to the Planning Commission, Council, VBDA 1 meeting, or,/meeting of a public body or committee in connection with this A1pli • Matthew C. Vakos 12-31-19 I NT'S SIGNATURE PRINT NAME DATE 4 • Page 5 of 7 • POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. POOCHIE, LLC Agenda Items 31, 32, 33, 34 Page 15 \\\\ S,.....----c ....._._...,\ .,..7-1.. , , " k‘m,.....a1,, qp,aa...,it ai,lJs.a.„ -sa-u-,-n 0 pa!uaa 0 _ \ pan oid -e4•„4l , , ., ,,, „. , , „,,,,, _...______,,,,,_,...T. 1 , .. „t, , ..0 aft - - , , ....• , ----1,-- ___-„--,, is... . , - -^ . 1 _.,. 1 _.-- .. ..., , ,,,, ,, , , . •i: „4„._, . . sm,a , . ,----\ •ti , \, v . \ \ ---1, '-.1 '':\,. ,_____ __ \ . , \ ',, ____--1 \ \ „L,,,.. , _1,-;-_-___-.1,... ,...__- '',. 2. --_,----- 1) , 1 ...,,- i ,, --- ,.. „ . ...„,„_.)it ,, , . 1 , \\\ --- .....t '''‘.._.i, , i" 401' - to -. . '1, ‘ \ —4 ----1... .....---1 dtt,,,,,', , 1 , ..---- : 1 - _ ____ ,-,.. .,' ,, -_,,,.„----4,,,,,, ',, ". , , , ---u-LAOt \, '.,, `F?..f aa.AS -c „ „, ___,I,,, .1_ ___ , _ ,:,,.. ----- ,05 ,. '' -7'-, :::- \ ------ \ , , - , 0.\ , I. , Li.,..._vaa- .--,..--- '.,_____Jol'iise:-.1t . .,.., L --___... -'-p igL-0—. i -- \ - 1 - -----------"-'\ - ,, Ii.---'-'-`- Item#31, 32, 33,and 34 Poochie, LLC Conditional Use Permit(Short Term Rental) 208 27th Street Units 201, 202, 203 and 204 March 11, 2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you, Mr. Bourdon, and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none, the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staff's recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to short term rentals. Yes, I have my extra paragraph. Ladies and gentlemen, short term rentals. The planning commission places the following applications for conditional use permit for short term rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Ms. Sandloop: By recorded vote of 8-0, agenda items 1, 2, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 with Mr. Alcaraz abstaining from items 23, 24, 25 and 26 have been approved by consent. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk,please start that please. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 208 27th Street Units: 201,202,203,204 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 associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a)A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b)Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71(noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present,carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. V VA1 WI . \'\ 7 , 't / %?Or co 1 I in .C--1:i _._ _ CD - . , \ ,,,, i r , , r= to r r co 0.� to C. ...- ._ -41 ...._ li,.,, , • CD II qr. A i %'1 7 } vei \ - aa‘bcA d - - Nd ------‘ NN \ tr) , , ----74.-4- \ % . N. , `� t-------\ 105 cu 0 'l}+ J N A%... t —J <lc \ ce_, fro \\ .ce ,v- Nv- ,opirt . ,, ___ ...... ,, ‘ • N. ... • ..... 1,.--) > co co a)5 } aj > 0o tV _ - - - , LL. \ l'' ' 01------- i = - it i, 11,\. __, : ti I ^1 or G _ ` - _ - - k N V� a yI • \X---'f ti ✓ t, r r \ Lk) d \ N Q O I, G y r____-...----\\__ 12 k a. = a �J 5 J co p, U \ , _ 4tt E. C ii \ ' , 'S t4 p C }l 1 } L El I ,,IA B�17, • f04 7 =..me. v 4'Z y-J �� si CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: VB VIBE, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1728 Baltic Avenue (GPIN 24270730526800). COUNCIL DISTRICT — BEACH MEETING DATE: July 14, 2020 ■ Background: This request is for a Conditional Use Permit for a Short Term Rental in one unit located within a 14-unit condominium building on property zoned OR Oceanfront Resort District. City records indicate that the building was built in 1984. The subject unit has two bedrooms. The maximum number of guests permitted on the property after 11:00 p.m. is three per bedroom, or six people in this case. Two off-street parking spaces are required. The proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), which was established to ensure the protection of stable residential neighborhoods while addressing the need for employee parking for businesses at the oceanfront. • Considerations: Two additional units in this condominium have submitted Conditional Use Permit applications for Short Term Rentals; one was approved by City Council on June 9, 2020 (Unit 1738), and the other was recommended for approval by Planning Commission on June 24, 2020 (Unit 1718). All three of these units have two bedrooms, and each unit has one reserved on-site parking space. There are seven unreserved spaces on the property that can be leased from the condominium association for the exclusive use of the lessee to fulfill the parking requirement for Short Term Rentals. If the applicant is unable to secure the required second on- site parking space, the conditions are drafted to allow for the option to lease a parking space off site if it is within a reasonable distance from the property, as determined by the Zoning Administrator. Consistent with the previous application (Unit 1738), condition #2 is included to address this scenario and includes a requirement for proof of lease for any off-site parking. As the site is within the designated RPPP area, a condition is recommended that prohibits the use of guest and temporary passes for the subject unit while the Conditional Use Permit is active. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. VB Vibe, LLC Page 2 of 4 • Recommendations: The Planning Commission placed this item on the Consent Agenda at the March 11 , 2020 hearing, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 1728 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. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for 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. 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 VB Vibe, LLC Page 3of4 Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 .All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rental. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements VB Vibe, LLC Page 4 of 4 Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departments -. City Manager: Applicant & Property Owner: VB Vibe, LLC Agenda Item IN Public Hearing: March 11, 2020 f' City Council Election District: Beach 30 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 'J Approval 111141.4111.11111111 111111111111111110 idol Staff Planner 110 Deborah Zywna 0a11.Ale Location l 1728 Baltic Avenue iio. ,,,. 0. 01 Ø. JØØ GPIN Y 24270730526800 „,_ '`: Site Size 111111111N 16,800 square feet oti. ibili:..._ x Existing Land Use and Zoning District Apartments/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 0,4. r 18th Street Townhouses/OR Oceanfront Resort :�- South , ' 17th % Street (alley) �‘` Commercial/OR Oceanfront Resort East 1. Baltic Avenue 4 0 ,,.# `,a' F Apartments/OR Oceanfront Resort % ' v - West y -.. . S -f O ^ Alley r - ; Single-family dwellings/OR Oceanfront Resort = t ‘ �t- � k' A 0. VB Vibe, LLC Agenda Item 30 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 16,800 square foot parcel located within the OR Oceanfront Resort Form Based Code District. • The Short Term Rental will occupy 1 unit of a 14-unit condominium complex that was constructed in 1984. • Staff inspected the site on January 23, 2020 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary,where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • There are no records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity , --1-'- ,dit_lifii\ tic-—1---A n_. 'fir' -� r e -�\. - \ 7 4-� .- N 1 �E --;:\�'�� ` T -V-\\--,-\ , ' \V •I -\,,sli \___-_-_ai._ ek.---_, STATUS � Approved ��jf �• tr S,'� 1 • Denied { yy���{{1 • * r \\____:JQ Under Review ,",fit as tor• . 'ik � , I -1 RegisteredVOW t 0 �, ' ��i.r i _ r'�ii . Summary of Proposal The applicant submitted a Conditional Use Permit for a Short Term Rental in one condominium unit addressed 1728 Baltic Avenue.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 6 • Number of parking spaces required (1 space per bedroom required): 2 VB Vibe, LLC Agenda Item 30 Page 2 • Number of parking spaces provided: 2* *Each of the 14 units are provided with one parking space and there are 21 parking spaces available on site.The applicant/owner will lease one of the additional spaces to meet the parking requirement for Short Term Rental. A condition is recommended to that affect. $\OR Q C L'— — lort\ \ \d o- . it ,,„,saM` Zoning History �' # Request i ��� ',, 1 NON(Expanding a nonconforming duplex)Approved >� t0 f . T - O' lie it 4 ' I -- 04/28/1992 2 CUP(Craft Brewery)Approved 11/8/2017 a 3 CUP(Automobile Museum)Approved 12/07/2010 • Ilktby Ali ; 4 CUP(Short Term Rental) Pending 3/17/2020 ii„,i, soo fo'llegscd ugyns V� OR -12 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The Short Term Rental request is for an existing 2-bedroom condominium unit built in 1984.As the Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP),where on-street parking is limited,a condition is recommended to limit the number of guest and temporary passes while the conditional Use Permit is active. Base on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 1728 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. VB Vibe, LLC Agenda Item 30 Page 3 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. 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. VB Vibe, LLC Agenda Item 30 Page 4 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays,June 28, 2020,and July 5, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 10, 2020. • Three letters of support have been received by Staff. VB Vibe, LLC Agenda Item 30 Page 5 Site Layout & Parking Plan wawa 1•� r*h1 We A*i t�s =*0R AP •1•/Aa••► •/• I *O A♦ r..•i•a Ow,.Os O .�w0 II �.+sirw! gr1Rr•�•/ '•H•T P41. i •r d N or TI SOOI V 1[• I•ar•A•of•1.1 0•OhI• wee, t 2 Parking j spaces .1 ., Alley Unit 1728 1�, 2 bedrooms • '...\ ' %*, • • en,as vs Imp •7111• •74646 41114e •1M 4-, r' • L !..1 r• 'i ` •v/ • • • • • / • • . • • i 'i/ +y / / 4'••i d • • �• ..... L. t"."...- ........... .m.v. ....... -. .................v.........mmar.......••••.. a Baltic Avenue • TLC ., N ••• L... • VB Vibe, LLC Agenda Item 30 Page 6 Site Photos • ` ; ,err, �� . 0.10 I11 •_'I, It:11,tra.. Ili , i 141.1:. 4- ''4 I ' . - N.111111111! IIIIIIII II . � F t i11 . � S ti • IN 7 VT 0 --- rter• • "1, ' VB Vibe, LLC Agenda Item 30 Page 7 Disclosure Statement Iiii ,gin ia Brach APPLICANT'S NAME Martin Plaisted DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconformin Use Compliance,Special Investment Program 9 Exception for (EDIP) Ctlanyes Board lof Zoning Encroachment Request Retuning Certificate of Floodplain Variance Appropriateness Street Closure Franchise Agreement(Historic Review Board) Chesapeake Bay _ Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit Ucense Agreement C Wetlands Board • C The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Vir• ginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE oNLY/Al isc osures must be updated two Zweek, 4 to any Page I of 7 Piannin.. Commission and C t Cowndl meetin that ,ertains to the a etion{sR 1 ❑ AMUCANT NOTIFIED OF HEARING — DATE i NO CHANGES AS OF DATE: ...2 r -l%1[) 7oga443;14-0.- ❑ 1 REVISIONS SUBMITTED DATE: VB Vibe, LLC Agenda Item 30 Page 8 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:VB Vibe LLC If an LLC, list all member's names: Martin Plaisted,Charles Rockey If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 111 Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. 151 Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business, or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name:VB Vibe LLC If an LLC,list the member's names:Martin Plaisted,Charles Rockey Page 2 of 7 VB Vibe, LLC Agenda Item 30 Page 9 Disclosure Statement \13 Virginia Beach If a Corporation, list the names ofali officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code g 2.2-3101. 2 "Affiliated business entityrelationshi means "a relationship, other than p` parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any_business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 VB Vibe, LLC Agenda Item 30 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO 7 SERVICE PROVIDER(use additional sheets If needed) Accounting and/or preparer of your tax return I I V Architect/Landscape Architect/ I I� Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors nEngineers/Surveyors/Agents Financing(include current mortgage holders and lenders ri _A selected or being considered to provide financing for acquisition Lor construction of the property) MLegal Services Real Estate Brokers/ n �( Agents/Realtors for current and 1 I V v Ianticipated future sales of the l subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ` i an interest in the subject land or any proposed development �J contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 VB Vibe, LLC Agenda Item 30 Page 11 Disclosure Statement 1/B Vireinfi CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, t am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Martin Plaisted i2_l�-i1 APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 VB Vibe, LLC Agenda Item 30 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. VB Vibe, LLC Agenda Item 30 Page 13 - _-- e , , - e . --.- 1-----',- • . I \ oii••••••0000e000p..00.0..o..roo.o.roo.000eo,.... .„,...,.----- __ ..___. , 1 • el e ._. ,.., nue , ., . .1_---1-:---:- ...•••-1, \-1:---: ..., -t...........c.i__\_ __ _... , ____--- •. --- ....... ___------------------- ., _-- , , ---P441:4--- _ r , - _ _ , - t .- -.. ,,, --. \ \--- ., . . ', ,--NAtsilt - ; --- - ___:----------- ,. . k ___-__\ ',,, \ ', \ 1-'-`--- --• ri ''1, \-.---1 - ! __.-- ---IH. 11 ' . ' --- ,. , ; ',__--- ... .. . _air Cite'I, ... - '1, 1 --L-' :--- •'' ', ------.' ' '------ka--') \ 'lel i I- -- --- tic.7•-v-t-e- _____,_ ----_-__7i.---__-----44 4.----- - ' , ' . , . ,--• ,,Th r..,...........,,,,i.' `."-----1-, ---1 \ V '. 'V------- \ t I, , . _______, . , . , ..-- f e --e-*--Ve - --Ae e VOA 's t 0101 --. 1 ' _.....:\ \.....„........1., , t\e-Ill. 10 70, 't ,----- '. \r' \'' '- -\, \ e I I • VOIN 1.• . 4 ', \ t, lik- - i----:je fie. V - '---:::::-_-:-:--•. : \ ' , 1(. 1 ct) i , • ,,,. .., , •._ 1- ') . •• __••• e 4. ..- . ..4 . • CO ' 'i- --- '-,- , . .,,.. •,- 1\•-17-__I ,---_--- % .----- - \ '. ,,:: ---1A r4. _ -- .._ -V: ,. ..-- 10\. . ...41•11 ,, \ ; --- -_,_:-;_---- ' _ _,-------• .• -- 111101 ,,/,'... _..- Ok ' _. Or -- , 1 \-- _,,_- . _ - --kr)---- - ‘ -A \\,____-•\ , 'I,.' .\ C„----7 _-------IT, \__. 1 ----"A --- ;.-----Th . , _._ \--- 4. r------ 4 \ i ‘ i _______.e.-, -,,, \ t__------ , . II 3 143)011111 111: \_,.- \._-- .".. 11110: ' A._______-___ ', \ - "' .. 14 ONO° \ it ,..,.....____ .,. -...-- _____\siiiiiiiiikl 14.0'riiiiiillifillioti.111117' .!kil 1' 7:::11.' 11\.".tik \-:: .- ''''' 1 __- „,, ___,-. % 0--.'---'1::) ' .:4 -00---t ‘----1 ---- , ,._ ._ - ____I _v__.---40.mt,r____4(ak 1•4___.\.--4,", A.,- _--i----H' ' - ‘t, , V----- 1 ---\t 1 -n .-----, ' - __5:4-.•\---19,-____ ,„, _ - ,..\ ---v V- *-- t-m-) \ ‘ . ...,--, . . ..._ ,...,__ .. 1,.....3 '•--- 411 ',. \____‘...--0- --__---,7. 1--------il . Ai leo IP ., •.-;-- ; ___•.--- S ___ ....-- __---- (.-- N ' t• , ., \-• , 1 : , I t V.....__---\ _AL.,-k I 1 t. et _ _.._- --- It 1 \ \ \ - \tair-----\t S II --% . -- _-- 4 4 , c„..,.. '." , •,, \4, -JO - > ID \ ''\ .' ------- wiai •-\\P___ 0 a) "--, in vs ‘ \ , [ I \ \ \ : 1 - _ 't \ t t 1 " - --__,,, i i r k\,\ 7 1 ''t 4 a . a 'Li,\i 111. lASS j/W 11 \ \ 1 I I, ' ir I.., '''1•V \,r......*."' V \'\ '' el, . ' ...,- •.0, ''' ''' .- N "N-. Item#30 VB Vibe LLC Conditional Use Permit(Short Term Rental) 1728 Baltic Avenue March 11, 2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you, Mr. Bourdon, and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none, the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staffs recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to short term rentals. Yes, I have my extra paragraph. Ladies and gentlemen, short term rentals. The planning commission places the following applications for conditional use permit for short term rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Ms. Sandloop: By recorded vote of 8-0, agenda items 1, 2, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 with Mr. Alcaraz abstaining from items 23, 24, 25 and 26 have been approved by consent. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk,please start that please. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 1728 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. 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. 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. On OOL 02 3.� 0: i0 6wpiing aaA �. limi el _._. also:,a,wa poi bullied [ 1 leai S Z/% 1S 1,Z L 117 Pu a leaa4S 1s t Z 114 buivaz leaa1S z/4 is LZ 6117 'laaJ S 1S L Z 614 suob,yod adoid U' i c—iii,c'IAt 3 1'1 `luawdoJenaa 1S Z an i T, -,\ \ , , , Irv. __. r \ i:1 0 1, - ,./ 1aaAS _ p 13 ,... ---= � .- X r ___ 1 i __,---"1'"---------- e di __,----1<- Ili 14,\____., / fr ..--�"° ' - -,. 0110k E �s1.Z �AS..� '1 ( ( c-..= 'fir' M� ;. Tr- f�C.,..,iT, ii: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 21ST DEVELOPMENT, LLC [Applicant & Property Owner] Conditional Use Permit(Short Term Rental)for the property located at 417 and 419 21st Street and 417 and 419 21st 1/2 Street (GPIN 2427083355). COUNCIL DISTRICT — BEACH MEETING DATE: July 14, 2020 • Background: This 7,800 square-foot parcel is zoned OR Oceanfront Resort District. There are two duplex buildings on this parcel that were approved as a Special Exception for Alternative Compliance in 2017 which allowed for the second duplex structure to be constructed along the alley. This request is for a Conditional Use Permit for Short Term Rental use in all four of the units on this property. As per City records, two of the units contain four bedrooms, and the other two units contain three bedrooms. The minimum number of parking spaces required for Short Term Rental use is one per bedroom, or 14 spaces in this case. The property has 10 code compliant on-site parking spaces, eight in the driveway and two garage spaces. The four remaining parking spaces are proposed within an off-site parking lot that serves Coastal Edge, a retail use, located a block and a half east of the units. Staff has confirmed that at least four excess spaces exist in this lot. The maximum occupancy for guests on site after 11 :00 p.m. for a three-bedroom Short Term Rental is nine and for a four-bedroom Short Term Rental is 12. This property lies within the Residential Parking Permit Program (RPPP) boundary. • Considerations: The property is located approximately four blocks from the public beach of the Atlantic Ocean where Short Term Rentals are to be expected. All four units and the underlying property are currently under common ownership. Coastal Edge has confirmed in writing that they are willing and able to lease four parking spaces to this applicant for up to five years, and this agreement can be formalized once this applicant's Conditional Use Permit is granted. The Zoning Administrator reviewed the parking plan and approved this approach. Conditions are recommended that reinforce the need for legitimate off-site parking. Condition 4 specifically calls out the need for these four off-site parking spaces to be available to the tenants while the Short Term Rental is in use. Condition 5 places limits on the guest and 21st Development, LLC Page 2 of 4 temporary permits that would otherwise be available to these units under the RPPP program. One letter of support has been received from the owner of a neighboring duplex. There is no known opposition to this request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: At the March 11 , 2020 hearing, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 7-0 with 1 abstention to recommend approval of this request. 1. The following conditions shall only apply to the dwelling unit addressed as 419 21 St, 419 21 St'/2, 417 21 St, and 417 21 St IA Street, Virginia Beach, VA 23451 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 with the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessible for the Short Term Rental tenants. 4. While the Conditional Use Permit is active, four off-site parking spaces, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rentals occupants at all times. 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 associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 215' Development, LLC Page 3 of 4 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 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 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. 21st Development, LLC Page 4 of 4 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. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department's City Manager:e Applicant & Property Owner: 21st Development, LLC Agenda Items Public Hearing: March 11, 2020 23, 24 City Council Election District: Beach Cityvf 25, 26 Virginia Beach Requests # 23 - Conditional Use Permit (Short Term Rental) -419 21st Street # 24- Conditional Use Permit (Short Term Rental) -419 21st% Street # 25 - Conditional Use Permit (Short Term 111116 Rental) - 21st Street N41w- # 26 - Conditional Use Permit (Short Term Rental) - 21st% Street Staff Recommendation •�� Approval rov I 11111010similli • viosWIT611 11111 Staff Planner ø ; - Ashby Moss 1 Location � -- 419 21st Street, 419 21st %Street, 417 21st y � Street, and 417 21st Y2 Street GPIN 2427083355 Site Size '7,868 square feet • Existing Land Use and Zoning District Single-family dwelling/Duplex/OR Oceanfront t '' x ,, Resort ; _ evr 1 Surrounding Land Uses and Zoning Districts to "� yb 3 North � *14 _ F F 21st Half Street - y t �Ar Single-family/duplex/OR Oceanfront Resort a ; 'r< . avigr , ,1 South • 21st Street • -so + �``�,, Multi-Family/ Hotel/OR Oceanfront Resort East Single-family/duplex/OR Oceanfront Resort thi - � E West Single-family/duplex/OR Oceanfront Resort 21st Development, LLC Agenda Items 23, 24, 25, 26 Page 1 Background & Summary of Proposal Site Conditions and History • The site is approximately 7,800 square feet and is zoned OR-Oceanfront Resort • The property contains two duplex structures, a total of four units. Each unit is owned individually and the property itself is jointly owned under a condominium agreement. One owner currently owns each of the units and construction was completed in 2019. • Staff inspected the site on January 23, 2020 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary,where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • This property was approved for a Special Exception for Alternative Compliance in 2017 to allow the second duplex structure adjacent the alley on the property. Short Term Rentals in the Vicinity t------' \ 'g- -- \_____.\ \` \n veer CI t��� r _______-----: --- 1 :0:\I , t.ceet ---A ' -v 't-- \--:\\ ,,,\_ \-\ ' i\_x- '3 , - g _ \--- *VP_a V , ‘ \ \1_ --- -a \ , ,1 cee �` 4 ` ter ; -.: 1�—i �. 4� a_- t , 1 Ja --'' t 5:tteet' 2 t treat = c � ��� ICU\_, -- "�1t� I a07_ '- fit_-- --= — STATU \-\S I 1`_ t w • Approved ��t(eet.: \- 4` ----\ • J - Denied - -Th 1 € g Under Review ` 5 aee L St" et -3 _. t Registered 1 \-- 1 T r A I..-- -=EGA _,..,___-----A 1 1 r �' 21st Development, LLC Agenda Items 23, 24, 25, 26 Page 2 Summary of Proposal The applicant submitted a Short Term Rental Conditional Use Permit request for four units located on the subject site. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below and the 4 off-site parking spaces are at Coastal Edge. Unit Address: 417 417-1/2 419 419-1/2 Number of bedrooms in the Short Term Rentals: 4 3 4 3 Maximum number of guests permitted on the property after 11:00 12 9 12 9 pm (maximum 3 per bedroom): Number of parking spaces required (1 space per bedroom required): 4 3 4 3 2 on-site 2 on-site Number of parking spaces provided: 3 3 2 off-site 1 2 off-site Zoning History A:- % 'err # Request s C 1 ALT(Special Exception for an Alternative Compliance) -tins�K ' Approved 04/18/2017) (Approved 04/18/17) ���� 1 A• \' 2 ALT(Alternative Compliance to the prescribed criteria of �!' NI '� _ the Oceanfront Resort District Form-Based Code)Approved �e i 04/18/2017) CD OR 0 O 3 ALT(Special Exception for Alternative Compliance to the -sop 0-ri .�0 Oceanfront Resort District Form-Based Code)Approved 0611 1j� 03/11/2014 " M�`8 p 4 NON (Enlargement of a nonconforming use)Approved • �,� 1A7 OR 11/28/2000 I` o -A" 5 SVR(Subdivision Variance to Section 4.1 of the Subdivision �L `!l \ Ordinance)Approved 09/06/2011 5u• ° oR y 6 CUP(Commercial Parking Lot)Approved 03/10/2009 a 7 MOD(Commercial Parking Lot)Approved 11/9/2010 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The site is located in the OR District, four blocks from the public beaches of the Atlantic Ocean. This is an area of the City where Short Term Rental use is expected. The site consists of 4 dwelling units of which two are three-bedroom and two are four-bedroom. The parking plan proposes utilizing on-site parking to fulfill the majority of the parking requirement including the two garage spaces and 8 driveway spaces. Additionally, there are documented parking spaces available at Coastal Edge to provide the remaining four spaces to fulfill the parking requirements. Coastal Edge is located approximately 500' to the East of these units and their lots capacity exceeds the parking requirement for the retail square footage (9,825) by 7 spaces.The retail establishment requires 40 spaces utilizing the 1/250 ratio and the site currently has 47 parking spaces available to park vehicles. 21st Development, LLC Agenda Items 23, 24, 25, 26 Page 3 No letters of opposition have been received.A letter of support has been received from the owners at 423 21%2 Street, a unit within a neighboring duplex. Furthermore, all requirements of Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met with this application. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions for Items 23, 24, 25, & 26 1. The following conditions shall only apply to the dwelling unit addressed as 419 21st,419 21st%2,417 215t, and 417 215t%2 Street,Virginia Beach,VA 23451 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 with the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessible for the Short Term Rental tenants. 4. While the Conditional Use Permit is active,four off-site parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rentals occupants at all times. 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 associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 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 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. 21st Development, LLC Agenda Items 23, 24, 25, 26 Page 4 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 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. 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. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant/applicant's representative did not meet with the civic league. • One letters of support has been received by Staff. Zero letters of opposition have been received. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. 21st Development, LLC Agenda Items 23, 24, 25, 26 Page 5 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays,June 28, 2020,and July 5, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 10, 2020. • One letter of support and zero letters opposition have been received by Staff. 21st Development, LLC Agenda Items 23, 24, 25, 26 Page 6 Site Layout & Parking Plan PARKING PLAN ems. 215`Street - Required 9'x 18' parking space 2 2 I • (Driveway) 1 t t 4 ... t' 1 ' e .1 - Off-site parking: -, = ' . Y Spaces 3 and 4 for each unit o�o s i419r_ _ilk Coastal Edge Parking Lot 316 y t § -rat I 21s'St 0 8 _ y- • (^J �i �i i 4Spaces , .; / °a -tars aa- ) ... ,, J a. i`is' _' — 0,0 •IN . — c IO January 28,2020 . a Ma • This is to document that Ken Hunt of 21st St Development LLC o o = has the option to lease 4 parking spots from US Surf Company, E S ', E:- DBA Coastal Edge,which is located on 316 21st St,Virginia t Beach VA. The term will be for 1 year to commence in 2020 and L -' _'' � will have an option to renew up to 4 additional years. These 9" ;• �+ •• ill parking spots will be designated for the occupants of 417 and 419 419 + 417 21st Street 419+417 21"1/2 Street PARKING PLAN "` Required 9'x 18' - parking space 2 3 2 3 (Driveway) ' Garage parking space 17'x19' L--' Garage Door M1 ® 7'10"high,7'wide 410 o j, 7i J•' II§ t I f :o r i irm. 4:74 177` I Ut ' T..'Ji. %1. 21st Development, LLC Agenda Items 23, 24, 25, 26 Page 7 Site Photos 417 and 419 21"Street Front and Rear of Units --____:_---------7------_ -- vas :-__ _ _ --- - _ ira `� � r - 1 JIN _ 1II8 ,:- 11 -1 '-‘1'i‘ - 1IIIIi1I I 11111A iI!IiiIl ( c.$,- .� .tee. - -----_it_ r III ii t , • - . .',.. - 1.4006,_ _ _ a� III = �►• 21st Development, LLC Agenda Items 23, 24, 25, 26 Page 8 Site Photos 417 and 419 215Y t/: Street-Front and Rear of Units I ELI- ,. . . . ._ ,,,•,4 t - F , : Iliglllflllll II =:111110 P I111=-IIII IIDIIIIhIIIf IIIIIIIIIIIIII 11 tl lictav 0.73 _ - mo- „:„..„-----'1,--,3 0 ,e# '" el - 0 /,"4":0::.,01-_,,,, e-:--;-..,,r-,"--;-, iguit:r .fr • , Ill If .:1".j, ei,:it,,_11,,,,::,:::,-.1.,-r,::,.:11,.,..i___________„__:_—_.,,____„__::_r_-__-__:_______.____-.,e:____._:_________ _ i 44,1'. . - ., • ,.,, , mg_=_____= . _ ,.._ , ,,_.......... , , ...„. ___-=_ ,.1, 7 I # rgr.-1, W 7 j ;fir ,mod - C. �:- 21st Development, LLC Agenda Items 23, 24, 25, 26 Page 9 Disclosure Statement 21st Development LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development andjor use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for _ SEDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/A l disclosures must be updated two(2)weeks prior to any Page 1 of 7 ['tannin Commission and CI Council meetln that ertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE: fin REVISIONS SUBMITTED DATE: 3/1 1/2020 I 21st Development, LLC Agenda Items 23,24, 25, 26 Page 10 Disclosure Statement ■ ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization.// (A) List the Applicant's name:__ ! 5t � �� 'LL� If an LLC, list all member's names' kin+ N('j 6 , If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (6) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 J PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Er-Check here if the PROPERTY OWNER 15 a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:__ ��'�_.�G�C_ Qg,2i'- If an LLC, list the member's names: /� A' jet L7ii c -PrNt Jr /Y Page 2 of 7 21st Development, LLC Agenda Items 23, 24, 25, 26 Page 11 Disclosure Statement . . .. . . etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest In the other business entity, (II)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 21st Development, LLC Agenda Items 23, 24, 25, 26 Page 12 Disclosure Statement ; Accounting and/or preparer of //'� - • your tax return l�Gt,�f�J "7 S c 3 os Architect/Landscape Architect/ OA) Land Planner Contract Purchaser(if other than Elthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Rt.-R - purchaser of the subject property (identify purchaser(s)and purchaser's service providers) PA Construction Contractors ■ Engineers/Surveyors/Agents '? L Financing(include current ❑ ma mortgage holders and lenders WI selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / , _j I cs ouiE Agents/Realtors for current and anticipated future sales of the LO�a-- sub•ect .ro.ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 21st Development, LLC Agenda Items 23, 24, 25, 26 Page 13 Disclosure Statement I cerh t at a, o t, e in ormation containe. in t is Disc osure tatement orm is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 21st Development, LLC Agenda Items 23, 24, 25, 26 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 21st Development, LLC Agenda Items 23, 24, 25, 26 Page 15 r... \ ---u.:1,_______, ...A...., :Gy. j 7-.--3 _________\, \___._:_,.. , ____ tin ; ‘,..,...A.____,,,.4% 0_07...r''''-• '.,,\ , - L_____. - _ . , -•1, S I,,,,V: .,.,.. \\ \ \ (3, •. .,„ _ , . t .., _, .....,„.... ..-1011 4 ..- , Ilw , , , I • t ii\''''''''"\\'''.:' it - \ ' — , A--...--1St , . ti_ _ A. r v. st„ 4\ „ . _------'1 \ \ _ _ .... .______,--- k „ % ,... \„i, __------- \.\ - 1 ' ' . 0. V I'O. '-''' \ ---1 . 000 1, t..............c....„ e \\ .:,. . - __.__-----4tr-- \---4 . -11 „...: . ip , ., , , ,,,,, ____\ •Tr 4_-----:7..____\, .., _. \,....., ....„.. . . „, , ,,.,,, _ „, , _ „ , „ ______,,,,, ........„„e,, ,__ ,„),.._ .______,.,, r, „.,„ ,____,„ ,_ ..___.,„:„.,,_,__ ..... ..__ . . ,..._ ..,„_ \ , ,_ ,_. ... --:.___ .--i .,;-=:-:-'-7, - 2 it-:vi.- L----M ----00 . V) .--- 4A- ' ' - _ \‘_.. � i _..1 '41.. ''.--j-----":6---------- 1 �\4,31its_. --', 0) ____k ,1 \ ' ' , \ iti Ar--\, ,„ _ . T. ., , . , . ,, :_,__ .,_______ , ,, \ I i ,___., ,,..., ._____:,__ , __,,__,. _,,c1- rr- , . _ 'lc ti:......___A\ �'" r 1 1 IZ. - f- -0 N CD ,, 3 L\ -— N, 1 - s , ,\\\ , cu \ ,1 v::::....Jo:---V __\,\. \ _ ICE..---.- Vg, •; \ ,..- F- 0 0 �� Item#23,24,25,26 21st Development, LLC Conditional Use Permit(Short Term Rental) 417 21st St,419 21st St,417 21'/:Street and 419 21st St March 11,2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you, Mr. Bourdon, and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none, the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staffs recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to short term rentals. Yes, I have my extra paragraph. Ladies and gentlemen, short term rentals. The planning commission places the following applications for conditional use permit for short term rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk,please start that please. AYE 7 NAY 0 ABS 1 ABSENT 3 Alcaraz ABSTAIN Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 419 21st,419 21st 1/2, 417 21st, and 417 21st 1/2 Street,Virginia Beach,VA 23451 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 with the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessible for the Short Term Rental tenants. 4. While the Conditional Use Permit is active,four off-site parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rentals occupants at all times. 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 associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 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 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 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. 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. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. \ \ . r. �c \ Ill -. „... .._ w :,,, ' ' --:. :Ii____ .„; _ R _ ) ` _ .* �_ W 1 t p /I •A V qN�. ,,,____,\ (It I O tlt t ��y 1� t \1.\ F1 CD 1 1 \\‘'\';. ,\ .11\...„,, ,,„..,\ Or ' \ \ t II ; 1t ty , ' 4 y q ,,,,\,, \ s t M tl ti i ! gr arn _` t t „ t � I ..:, . ) i . . Tr-1AI ! \ , r t, r i It r� t, ti 4 r t ` �.. t f Sid 1� 7 ,, Site Ocean Rental Properties. LLC /1" Property_Polygon s 607 20th Street QZoning Perking Lot Drive Aisle NB 1.11111111. MIM, WM,Feet Building 1020 40 60 80 100 120 o�•' r'ri " i74 .g,J S/ iV `�Vv: CITY OF VIRGINIA BEACH \ AGENDA ITEM I ITEM: OCEAN RENTAL PROPERTIES, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 607 20th Street. (GPIN 24179737950000). COUNCIL DISTRICT — BEACH MEETING DATE: July 14, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 7,666 square-foot parcel located within the OR Oceanfront Resort District. The lot contains one single-family dwelling. City records indicate this home was constructed in 1958 and has three bedrooms. The maximum occupancy for guests on site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. • Considerations: This subject property is located in the Central Beach District of the Resort Strategic Growth Area, approximately one-half mile from the resort beach. The applicant/property owner also owns two adjacent properties, 609 and 611 20th Street, and has submitted Short Term Rental applications for all three properties, each a separate application. The three required parking spaces for this application are provided on site. Since the proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), where on-street parking is limited, a condition is recommended that prohibits the use of guest and temporary passes while the Conditional Use Permit is active. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda on the March 11, 2020 hearing, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 607 20th Street and the Short Term Rental use shall only occur in the principal structure. Ocean Rental Properties, LLC Page 2 of 3 2. Off-Street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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 associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. Ocean Rental Properties, LLC Page 3of3 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. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department RP City Manager: 1kQ Applicant & Property Owner: Ocean Rental Properties, LLClikB Agenda Item Public Hearing: March 11, 2020 City Council Election District: Beach 27 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 1. 404s- ,e „p Approval = rA , to Staff Planner �0.�..•� w Debroah D. Zywnaallit �s�� : Location ` « �� olow 607 20th Street �� assf ��=;���5 110 GPIN -Akti rooklow,-.....--10.4 5�•,• 2417973795 .,,.Site Size NW � � 7,666 square feeta wig_5 I . wilaiii iii• Existing Land Use and Zoning District Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North �7, " .:. 20th % Street (Alley) E� k i` +�';k Single-familydwellin OR Oceanfront Resort 1 , , 5 '— -- A - ` . ` '\' g/ fir t t South dA ,' .; 20th Street ;� °, r Duplex/OR Oceanfront Resort , .,F East `� s- :. Yet v. i -.: Y �1 � . Single-family Dwelling/OR Oceanfront Resort r n` ''; . \� '1 �.,'i• , West ,4 ..,. . Single-family dwelling/OR Oceanfront Resort S' ,-� 4•. k ., A, k- - - P40, fit, V " t _' �' Ocean Rental Properties, LLC Agenda Item 27 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 7,666 square foot parcel located within the OR Oceanfront Resort Form Based Code District. • The site is developed with a three-bedroom single-family dwelling that was constructed in 1958. • Staff inspected the site on January 23, 2020 to observe the conditions and take photographs for this report. • On-street parking is not permitted on this portion of 20th Street. • No records of zoning violations or City Council actions were found on this property. Short Term Rentals in the Vicinity y r 91th,sY-ec\ 1e 1� , At _________\ E ye � V �~ \' � � i a '1 4t t . ' -___i'- ,� t y 1\ 1 tad r tCe a 11� ee4 ;--- __ 1T' sOfee 26 e - .ft - 1'.11170---TV-4.1 fee \ INIII0.____1- 02,.... 01 ' -1------) \_,_:\ 1----- __\_.s t----- ----T---\r �r 3,A 1 et 7 1 ! 1 1 STATUS / ‘A _� r__- • 9 Approved _ - �' F-�-i • Denied / a \ -td `5 13_ ) `) Under Review r.,aG� 0 ,e �• ee f', 0 Registered -'-�1c 11 \3% * :.:.' -- rJjt A 1 Summary of Proposal The applicant submitted a Conditional Use Permit request for Short Term Rental use for the three-bedroom dwelling located at 607 20th Street.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided: 3 Ocean Rental Properties, LLC Agenda Item 27 Page 2 The property owner also owns 609 and 611 20th Street and has submitted Short Term Rental applications for both properties (Agenda Items 28 and 29). DR r srM� 114 O •d � —0 •av t Zoning History 1 ----' � Request ORJ'� 1 CUP(Motor Vehicle Rentals)Approved 12/6/94 �� j, 2 CUP(Flea Market)Approved 07/3/2012 6R 1 ayset OR 2 Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance LUP Land Use Plan REZ-Rezoning NON-Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The property is located in the Oceanfront Resort District, which is categorized by a mix of uses and types of dwellings. The property is in close proximity to the public beaches of the Atlantic Ocean and an area of the City with a multitude of entertainment and amusement options. As such, Short Term Rental use is to be expected. In accordance with Section 6.1.2 of the Oceanfront Form-Based Code, alley access for additional required parking was recommended. The applicant felt rear access, due to the existing privacy fence, was prohibitive. The applicant's parking plan depicts three off-street parking spaces; two on the existing driveway and the third space on a crush and run gravel parking pad with material installed in accordance to City standards and specifications. As this proposed Short Term Rental is within the boundaries of the Residential Parking Permit Program (RPPP),where on-street parking is limited, condition number 3 is recommended to limit the number of guest and temporary passes while the Conditional Use Permit is active. Furthermore, the other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short- Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 607 20th 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 24.1 of the City Zoning Ordinance or as approved by City Council. Ocean Rental Properties, LLC Agenda Item 27 Page 3 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 associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. Ocean Rental Properties, LLC Agenda Item 27 Page 4 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. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant has reported no meetings/contact with surrounding property owners or civic leagues. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays,June 28, 2020, and July 5, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/Bookma rkedAgenda.pdf on July 10,2020. • Zero letters of support/opposition have been received by Staff. Ocean Rental Properties, LLC Agenda Item 27 Page 5 Site Layout & Parking Plan 20 1 STREET (20EAaEYEPER PLAT) �4i- H Op 1, 2.1' S are/ .'E Sa92'(MD 7' 40 t2/i5/26I9 C.= a. I:_` 3 WILUAM S. GRANT; OUT 0�' CUT 0 6 a d tie.Ala 001533-B • ( LOT 13 & 15 g 44„, .►eto 0.179 ACRES ' . • ,, , a s.Ev 7.798 SO. FT. LT 1w u 11k L n CK • v Al D. -` 3-Bedrooms/3 on-si `-l= wz parking spaces " 1 p go LOT TI MAMA 7r LEGEND 1 v OEOMRICAO MKS h EOM OF PAVEYEN ■ • FENCE IPA + — CA PTO, 0 PRI FOUkS owwr PIPE FOB POVER POLE �, c, ..i 1 2 ao'(�►1 N 5831•w $9-92' am.ro,11/rDafPCI&,Fu. Mt -0 Ca 9`X 18' New Parking Space i for Short Term Rental — i % Crush and Run Material, _-_.._T_..._.Y.--1/- - L'r'w�"T Tom`--T - 20TH STREET Installed per code (80' RIGHT OF WAY PI R PLAT) 20 40 60 PH�'S1CAL S,UR VEY 0 OF .,t �__ LOT 13& 15, BLOCK 46 SUBDIY9ON Ocean Rental Properties, LLC Agenda Item 27 Page 6 Site Photos 4. ,iii ._::, ,s, ......, :,..: .,LP.1 , pill-. 10\ i pw� 14„,. s, ii ks ,,.Tit i � r.�� . -_ ..� 43. :�< 1 ! ,d rr Or.. r , . 44. } _ .z ' ,;. it °,,t , '. 1 NIIIIL, "Ie..- 1 ' I : I " , Ii i . II i ' I ICI { ' I: i : id II ' ,. I . moil ak Ocean Rental Properties, LLC Agenda Item 27 Page 7 Disclosure Statement APPLICANT'S NAME Ocean Rental Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property ! Disposition of City Modification of by City 1 Property Conditions or Proffers Alternative 1 Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce tion for (EDIP) , Board of Zoning A eals Encroachment Request Rezoning !Certificate of Flood plain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit ' License Agreement Wetlands Board • The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE rOR CITY USE ONLY/All disclosures must be updated UT v:eel.s it+or to any Page 1 of 7 r=am'dtF:CCmm,ssio,i aid City Crunch meeting that pOttains to. P Apclication(s) APPLICANT NOTIFIED OF NEARING DATE NO CHANGES As OF DATE. 3 ,1 t/a0 REVISIONS SUBMITTED DATE • Ocean Rental Properties, LLC Agenda Item 27 Page 8 Disclosure Statement 1/13 Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. XI Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Ocean Rental Properties,LLC If an LLC, list all member's names: Steven W. Bishard, Manager John K. Bishard, Manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. u Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Ocean Rental Properties, LLC Agenda Item 27 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2 3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Ocean Rental Properties, LLC Agenda Item 27 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ZI Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than❑ `�i the Applicant)-identify purchaser 1 and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ICI I I Engineers/Surveyors/Agents Align Surveying&Design P.C. Financing (include current TowneBank X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X n Legal Services R.Edward Bourdon,Jr.,Esquire Real Estate Brokers/ I ! Li Agents/Realtors for current and LJ anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO • Does an official or employee of the City of Virginia Beach have n I\I an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Ocean Rental Properties, LLC Agenda Item 27 Page 11 Disclosure Statement CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application.__ ////---� _ 136- aor{ %2`ff2, APPL CANT SI NATURE PRINT NAME DATE Page S of 7 Ocean Rental Properties, LLC Agenda Item 27 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Ocean Rental Properties, LLC Agenda Item 27 Page 13 1 .:-- --\1:; ..! \ ,... ---------1:, - oil ,, --. 00 '',, \. , \ , \ \ , , 1111111_...../\ \ .`1,, \ 4 . ,, _ .,, . \ , , , .. ._ , , „, v, ..,,„„,... _. . _ „ „ , __ , , , , _ , N =' •. N '.I \ A N 1\ \,L, --=.-• •'1 11\''.''\\,_ 11 \ . .- , i N 1 .polen__.Q n i • . _... is, .. - .., , ,.... sta.-- ..: . _ i \ ----Ar a - '1 Ae _ , . ..._____ ...- „ 1, , -_tri•A AI , — - -s• ' IL_ ,./,•, ,, •,001 1", i, , , , ,-- . ..-- • ' r _/11.5:12 .043)' .1.... te '' - •41,----1-? ° - _- , , ‘ ,' •. % -__ , . , .._..- _. •. ...t i . . ...-,- , --------- .,,, . C, ---.se _._-j 491,:_____;11____--<4 ---• . ., . la ___. 40..„.•' ..‘"----..-- t :, \----1__-. ___.... - ____ r-1 . • _ , ,, \, :%-•\- ... __-i 2 ___ t4 ll---1.549- -- -1 —,-- - ------ . . 4loi -2-'1- '0 till ( ,1•••-W1 ighlt......JP1,0• -64.--.1 -c- _ \ '' .130. ,,, \.__,_.--ig-_:•:----- _ , 1 ' - , -"- '------ V\-.-.-'- - 0-•----- 1 • . _--------,' ..------ V - 6°\'-•- ill \ -- _--- IA° \ ..• \aZ . I (1) i. -------- • ' I) _.----- , le t ___------- . • ‘130\ 0111... ..''',•.., ....,•.\\\ .r■.,,0 00 1 \ok° \ \ - til itriS - \\ ilea ----A '. ____,--crir_ -: ', . \ , , , gm"-t • - ' \ „ „ „, , _.-------- , , , , __--- 1 , , . a) ‘ ' ‘,d, , , , lo a) •> -0 a) a) cc a;.„----- , > t3 VO .--. \ r . \ 2 cu (I) 0 tc4, ca = 7:3 CM 0 4 CU C W 1 0 < 0 D Ct ,..'. \ \ F-- i 1, , '? \ \ \ '', \ , \ U) 0—, T. . . .... . Item#27 Ocean Rentals, LLC Conditional Use Permit(Short Term Rental) 607 20th Street March 11,2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you, Mr. Bourdon, and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none, the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staff's recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to short term rentals. Yes, I have my extra paragraph. Ladies and gentlemen, short term rentals. The planning commission places the following applications for conditional use permit for short term rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk,please start that please. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 607 20th 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 24.1 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 associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a)A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 9.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.All refuse shall be placed in automated refuse receptacles,where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11.Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1), four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7)day period. 14.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3)individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. , 1 \"Ys--- , , —,--- . , --- , ,c----,.. --- L_--- % ,•-% 1 , , ', 7 ...--1 , I , V I. \ , . ____ ------"-°' ° __.-------- -- , . \ , ...... , ____---- , , . '. - -------- , , 4 , \ / , „ . Q \ ------k-e'---. --_ __-,r-------- t \ St I ..6R . :. '.,.,,:... it 7 AA I 1. C• '?„.... ..__„--^" . --,-------77rr \ r3 --t------ - - I. "I'll' i . 1 . : ........_ , ,,.... . .. , . N Site w 4-;401r. i Ocean Rental Properties. LLC NOT r i Property Polygons 609 20th Street Zoning Parking Lot Drive Aisle iscmc:= K=.31====iFeet 17:71,:: Building 0 1020 40 60 80 100 120 I °ic+ &,,-; 1 ., CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: OCEAN RENTAL PROPERTIES, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 609 20t'' Street (GPIN 24179737340000). COUNCIL DISTRICT — BEACH MEETING DATE: July 14, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 8,081 square-foot parcel located within the OR Oceanfront Resort District. The lot contains one single-family dwelling. City records indicate this home was constructed in 1958 and has four bedrooms. The maximum occupancy for guests on site after 11 :00 p.m. for a four-bedroom Short Term Rental is 12. The minimum number of parking spaces required for this use is one per bedroom, or four spaces in this instance. • Considerations: This subject property is located in the Central Beach District of the Resort Strategic Growth Area, approximately one-half mile from the resort beach. The applicant/property owner also owns two adjacent properties, 607 and 611 20th Street, and has submitted Short Term Rental applications for all three properties, each a separate application. All four required parking spaces are provided on site with two on the existing front driveway and two located off the alley on a 20'x20' parking pad. Since the proposed Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), where on-street parking is limited, a condition is recommended that prohibits the use of guest and temporary passes while the Conditional Use Permit is active. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda at the March 11 , 2020 hearing, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . The following conditions shall only apply to the dwelling unit addressed as 609 20th Street and the Short Term Rental use shall only occur in the principal structure. Ocean Rental Properties, LLC Page 2 of 3 2. Off-Street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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 associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. Ocean Rental Properties, LLC Page 3 of 3 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10.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. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner: Ocean Rental Properties, LLC Agenda Item Public Hearing: March 11, 2020 City Council Election District: Beach 29 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation \i / ' work som: Approvaliiik zir ��` --gook oggio gs Staff Planner lir 'ili"�='gf $ Deborah D. Zywna i= Ste0 . Location -1 to II �. ��� 609 20th Streets ����•01 �; 0110 \__ .� GPIN .17973734I3%!% teSize 8,081 square feet . . BSI* A �' 1 je Existing Land Use and Zoning District - Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 20th% Street (Alley) i, , ,`-• Single-family dwelling/OR Oceanfront Resort �► . South %e*V "� ` t I`- 20th Street F �` Y v Duplex/OR Oceanfront Resort ; . t1 East ; -' , , t,it., :; Single-family Dwelling/OR Oceanfront Resort 4 , µ e, -. .'�.. West s= LF - ' ,A i jF 1� Y. t 4,Y'' :' ', . Single-family dwelling/OR Oceanfront Resort 7, �. *- . y- __-_- - akt t N 4.4 10•Av,:.4,0 . - is...,,,_ .4,4.,. :. -, ,ti ir• e.k ...„ g.,- ',,,.A....yeigjoil 4'f'N 1:4 ft' -477 A 104 * ri".' ' ,T„t. • a-� .1- iii Ei Ocean Rental Properties, LLC Agenda Item 29 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 8,081 square foot parcel located within the OR Oceanfront Resort Form Based Code District. • The Short Term Rental will occupy the four-bedroom single-family dwelling that was constructed in 1958. • Staff inspected the site on January 23, 2020 to observe site conditions and take photographs for this report. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • There are no zoning violations or City Council actions found on this property. Short Term Rentals in the Vicinity I t Y �-� 1tky-....._, cd-- Ik-- -tt\e - • \ eiS5A11\ 7fit, `c ee t'1 � � gadAlt to ' - 4.r4 V LL ,` ,2 )11)•))))) tee n _ te, _ _l 1, fka-----31s- c-ee—' \--- ' -- !c �--- � Lk L Oth tree -----f \ t c. r� See --'� tr 1,, AVV146 V\ ---- ,�STATUS ��.= 5i--s------18- h v—----' Denied \C.- - t 1 - O Under Review \ - a O, r`t1�1 c ee — 0411 .a �tr O Registered --=" V 1t'1 1 Summary of Proposal The applicant submitted a Conditional Use Permit request for a four-bedroom Short Term Rental at 609 20th Street.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental:4 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 12 Ocean Rental Properties, LLC Agenda Item 29 Page 2 • Number of parking spaces required (1 space per bedroom required):4 The property owner also owns 607 and 611 20th Street and has submitted Short Term Rental applications for both properties (Agenda Items 27 and 28). OR ` V oR'7 ,n OR OR ,\.. V i. -ow- O �` P Ci 11•Q- • G� ' ( Zoning History •` , 1 # Request 1 CUP(Motor Vehicle Rentals)Approved 12/6/94 r� c t 2 CUP(Flea Market)Approved 07/3/2012 Ii •R � . *.. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR Short Term Rental Evaluation & Recommendation In accordance with Section 6.1.2 of the Oceanfront Form-Based Code, alley access for additional required parking was recommended.The applicant's parking plan depicts four off-street parking spaces; two on the existing driveway and two located off the alley on a 20'x20' parking pad with gravel material installed in accordance to City Ordinances, standards and specifications. As the Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), where on-street parking is limited, a condition is recommended to limit the number of guest and temporary passes while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 609 20th 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 Ocean Rental Properties, LLC Agenda Item 29 Page 3 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 associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks),and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site,except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. Ocean Rental Properties, LLC Agenda Item 29 Page 4 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. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant has reported no meetings/contact with surrounding property owners or civic leagues. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays,June 28, 2020, and July 5, 2020. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 10, 2020. • Zero letters of support/opposition have been received by Staff. Ocean Rental Properties, LLC Agenda Item 29 Page 5 Site Layout & Parking Plan —9AR5'6 MICB CT A MT CCM= 20. AILFY x 0.66E Or60r Or M 0600 0006 0 < 2 7. rr Of YaOwa WM.w w Yrr*OM 5 WO Ara f6 OE tC MO Para* 3.1' NMSOKM1S OE as am,NAM MI 4047 00 R SIa10 st 0 NAM M 0 '� on ao 1N rc+c[wrA010�tA6 0 al Mill r MOWS Oar a OK.ban 0 rot 0Acic MOM YGCOM ra45 1O 704..OrACMO TO Ih.OMNAtt•m T yM °%.'i, O t.000 me+.Donna MOM Karol 6 ouw010 461 as aka],Ma OW MC 1'� �.}� w.0A.n aft 5407 KR M Ott,C4iA Driveway A, AWARD rira somml L a 090.♦C Tel A PAM i Of1MYN 6 M 0[0.SM]1C t 4 I co 1 000 ARANM OrAr 60,101 CO 1 + I; aK SWAY Y +fY Want O A..r Ch.!. ,1 Olt ,1 -..O M . ICI Slue Mi TATTOO - MC M PM* �0' ' --J _ 10ES z h rn ., oVEItYW t+YM IauII ' " N< 'J} y "'"�"S 0."MED"`°" 20'X 20' New •�• ~ 1 1 Q , .thy Raa9ow 01 at ur 2S R Or.tow varS 0M€RN'rtl110 I$ a7' g` 0.5'8I Parking Pad - Crush and Run (%L 7AN4 OVER C ri 6 Material, installed el g per code r }# a LOT 21 ' I 1 //; LOT IS .__• LEGEND (2) 9'x18' Parking 2 LO S 17 R 19 _ _• T Spaces 0 79 ACRES [ ' . 1 Z 7.:1. SO.AT. 3 t lej I ra..Y. ,so'ra /gyp. i S esvoroo'S war 0 maw VPASSS AVE./• 1 •_._vlir MMall Q j ORM C 0ry c / PVC 20TH STREET (FORMERLY VIRGIN,A AVENUE) (BO' RIGHT OT WAY PER PLAT) p„LTH op Ocean Rental Properties, LLC Agenda Item 29 Page 6 Site Photos i, ,,::,..,..„-, ,f-. fige �,' r '.►i , 11A wY, _ ice 1 , \: r i ';+h.�,-' �� , itr�. :,,,.,-..,..-,. « "- �!'� as ei5 �'1 is + a a. f 9�,y' yyi'9f �4.., k,i j I� '6� (!v n . M t +. ��rs��i 3� s ma's , S\ t f s: r. V , i In1411 mill_ _ __ C Ili � : _ _ , __.: - 7,0*, a ,}'2{ f It. j° ` "�-r�' il lc J i , ! ': t f G ,, ° 1 41 r. [ i-y....+ 3 - ffift \.. II ' ► • e.... i m. I. • I 41, /t . + Ocean Rental , AgendaProperties Item LLC 2 Page 79 Disclosure Statement N. Ar3 _.....„ APPLICANT'S NAME Ocean Rental Properties,LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property I Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce tion for _ (EDIP) Board of Zoning • Encroachment Request Rezoning A als _ Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board, , Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit, License Agreement 1 Wetlands Board •. ► The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE O'+lY/All d,sclosurts must be updated wo ' v.eels prior to any Page 1 of 7 Planntn Commission and City Council meeur.q that pertains to:.ha aoolicatIonisl APPLICANT NOTIFIED OF HEARING DATE. NO CHANGES AS OF DATE`3bZ If. REVISIONS SUBMITTED DATE — y2(11.34. Ocean Rental Properties, LLC Agenda Item 29 Page 8 Disclosure Statement ,rginia Beach nCheck here if the APPLICANT IS_NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Ocean Rental Properties,LLC If an LLC, list all member's names: Steven W. Bishard, Manager John K. Bishard, Manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different_from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, — business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Ocean Rental Properties, LLC Agenda Item 29 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2 3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Ocean Rental Properties, LLC Agenda Item 29 Page 10 Disclosure Statement V13 APPLICANT Virginia Brach YES NO r SERVICE rPROVIDER(use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ „ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) HAI Construction Contractors ❑ Engineers/Surveyors/Agents Align Surveying&Design P.C. Financing(include current TowneBank /� ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® ❑ Legal Services R.Edward Bourdon,Jr.,Esquire Real Estate Brokers/ Ei ❑ Agents/Realtors for current and anticipated future sales of the subject property _ .,p SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Ocean Rental Properties, LLC Agenda Item 29 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A lication_. ._- A CANT' SIGNATURE PRINT NAME DATE Page 5 of 7 Ocean Rental Properties, LLC Agenda Item 29 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Ocean Rental Properties, LLC Agenda Item 29 Page 13 _ 1 1 - - __-____ ( t r- - t,, 1 u,_ : f f =�, ' VIV--;: `-- paialsibaa a 1 "r nnaynaa Japun 0 a _ � .-- paivaQ ill , ____.__ ., _____ , \ \ ti -- - - = panoird d b • ! - 1 _ — gt - - / snivis I i _____. . ...____.. , � rl r ivic - ----\------'' .---- r ... . ., v � _____. ____,., tie.._-- T3*ct_0..,..1111 om _= ':• J 11 1 v ,,,_ I,‘ . PI rN d _ Yam- .,�+ 40... 4 \ v. , ., rp....) . . , , , , ..,. ee A too 1 \ _______. - _ i :,r ti _� t____ . , A =- 1 .11. J r ' ii//i/ ----T• , (.2))._- . ___---- , . 4 at , __ ..________ ,,,, .. ), , ,,,,,,,, , ,,, ._. . _______ ___--- -\ , t t � . tA , ___ _ _,\ . - A Airi,mili -Vi•ii t. 0 ,, ,,.\ , , talk , sto..0.., 7 .\-------- - , _____- ._-- .- „A (. o._ _g, 1 \ --7.!_.,,— r4" .'" ;� t__________-- , , ,.\_ ..,,.._ , it. % \ 1 aari Item#29 Ocean Rentals, LLC Conditional Use Permit(Short Term Rental) 609 20th Street March 11, 2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you, Mr. Bourdon, and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none, the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staff's recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to short term rentals. Yes, I have my extra paragraph. Ladies and gentlemen, short term rentals. The planning commission places the following applications for conditional use permit for short term rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Ms. Sandloop: By recorded vote of 8-0, agenda items 1, 2, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 with Mr. Alcaraz abstaining from items 23, 24, 25 and 26 have been approved by consent. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk,please start that please. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 607 20th 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 24.1 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 4. temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a)A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b)Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9.To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11.All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12.Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 15.The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3)individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present,carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. \I � "" _ S� I "' 'a U- CI - ___----- \--r-. i .- _----\ I ca \\\ ..n."';* __ ____-----"--- o ,1 _\ L.-'-' ..-,/-- r- S V..... \. S _ 1 7 /J ,-_, '.--..____-___\ , ' , \ \ _.............00:""......„------ __ wa, ---\\ ill 14470,- ',v. \, N vi ._-----3 ou) ,. - N%NN A -.\...... \ % - a._\ 0 '‘ .\s, (13 CD !+rN C te k \ '' �_ _-�Q= '' '" �''I W • _ O j _ c---,-- 'ii, ---:-\ ___-- ,-,7_- --- enoe --- ' Gy Pt ess t - .42 �+e ...." _ '' ' ' '7--'17:::: se it Ce5s even �-T^ r- _ ® o S' 0 a. N O. m ,,. ,,„ �.�',�NIAB�Y,�. f� .. , 2 ‘ �T Sj CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: OCEAN RENTAL PROPERTIES, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 611 2091 Street (GPIN 24179727720000). COUNCIL DISTRICT — BEACH MEETING DATE: July 14, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental use on this 7,649 square-foot parcel located within the OR Oceanfront Resort District. The lot consists of one single-family dwelling. City records indicate this home was constructed in 1958 and contains three bedrooms. The maximum occupancy for guests on site after 11:00 p.m. for a three-bedroom Short Term Rental is nine. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. • Considerations: This subject property is located in the Central Beach District of the Resort Strategic Growth Area, approximately one-half mile from the resort beach. The applicant/property owner also owns two adjacent properties, 607 and 609 20th Street, and has submitted Short Term Rental applications for all three properties, each a separate application. All three required parking spaces are provided on site, two in the front driveway and a third within the garage. If the garage cannot be cleared to meet minimum dimensions, a third parking space will be required in the rear yard, accessed from the alley. Since the proposed Short Term Rental is within the boundaries of the Residential Parking Permit Program (RPPP), where on- street parking is limited, a condition is recommended that prohibits the use of guest and temporary passes while the Conditional Use Permit is active. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda on the March 11 , 2020 hearing, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Ocean Rental Properties, LLC Page 2 of 3 1 . The following conditions shall only apply to the dwelling unit addressed as 611 20th 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 notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. Ocean Rental Properties, LLC Page 3 of 3 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. ■ Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department F-9 1 City Manager: Applicant& Property Owner: Ocean Rental Properties, LLC Public Hearing: March 11, 2020 Agenda Item (IN// City Council Election District: Beach 28 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ' t �Sr Approval -It. W '—' lap, -Staff PlannerVir ������ Deborah D. Zywna �j/R��� . il Location (la amp .. `� ��. 611 20th Street '. t �,�/���.� vpOlopi GPIN t ��,• igle01-111111112417972772 .1 *'` '�� Site Size . ' � 7,649 square feet $ \ 1710 ‘77.0.-'.- • E:iF' \ Existing Land Use and Zoning District Single-family dwelling/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North 20th % Street (Alley) .. Single-family dwelling/OR Oceanfront Resort South 20th Street , - 4. Duplex/OR Oceanfront Resort �., ' East �` ► I, ,x * ,�� ,- IN Single-family Dwelling/OR Oceanfront Resort et 0 i� 012 1y >` West , , Single-family dwelling/OR Oceanfront Resort . .-- • � ' 3 1,. rc*°41v ''' itti Ocean Rental Properties, LLC Agenda Item 28 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 7,649 square foot parcel located within the OR Oceanfront Resort Form Based Code District. • The Short Term Rental will occupy the three-bedroom single-family dwelling that was constructed in 1958. • The property lies within the RPPP boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • Staff inspected the site on January 23, 2020 to observe site conditions and take photographs for this report. • There are no zoning violations or City Council actions found on this property. Short Term Rentals in the Vicinity -,:s: , 1 _ 2q�h5�eet t o 1 x "` Uy c ' - i d 3€r�'1y 1'T f 3, '+ ' 3 r ci tree (30 � Z .tk, , 1 A i 1 1 ndStr 1 \ r fk J- �� o , t y I ty f _t- f \ f' - I y 2 vs ree, .. D 1 l 51 cd __- 2 st-. tl --- Iii Z64 1 = r, t 1 " ----- \ \ Kee _ '\ , p\\ ' f t.P-.4----- , \,_ SAce STATUS _ ` 1 - - a Approved = id✓ • • Denied O Under Review ' \ so eaG . a ee' a Registered 1 Vkr9^`a f J i" TrC C 11'i!� 1 '. ', r', ---1-2\ L{�JJ, :1 1 . Summary of Proposal The applicant submitted a Conditional Use Permit request for a three-bedroom Short Term Rental at 611 20th Street.The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per room): 9 • Number of parking spaces required (1 space per bedroom required): 3 Ocean Rental Properties, LLC Agenda Item 28 Page 2 • Number of parking spaces provided: 3 The property owner also owns 607 and 609 20th Street and has submitted Short Term Rental applications for both properties (Agenda Items 27 and 29). OR 2istsaast off • 1 Zoning History • # Request OR � 1 CUP(Motor Vehicle Rentals)Approved 12/6/94 2 CUP(Flea Market)Approved 07/3/2012 Sap` `\ 2 , Application Types MOD—Modification of Conditions or CUP—Conditional Use Permit Proffers FVR—FloodplainVariance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant's Parking Plan depicts three required off-street parking spaces; one within the garage and the others in the driveway. The house is currently under a long-term lease and the tenant has a washer and dryer in the garage as shown in the photograph on page 8. Staff is concerned that the size of the garage may be too small to accommodate vehicular parking and has recommended a condition that the third parking space be provided in the rear of the property if parking in the garage is not available. As the Short Term Rental use is within the boundaries of the Residential Parking Permit Program (RPPP), where on-street parking is limited, a condition is recommended to prohibit the issuance of guest and temporary passes while the Conditional Use Permit is active. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 611 20th Street and the Short Term Rental use shall only occur in the principal structure. Ocean Rental Properties, LLC Agenda Item 28 Page 3 2. 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 Rentals tenants. If the garage parking space is not available,the applicant/owner shall install a parking space in the rear of the property. 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 Conditional Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26,31-27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. Ocean Rental Properties, LLC Agenda Item 28 Page 4 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors(which may be wireless),a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • The applicant has reported no meetings/contact with surrounding property owners or civic leagues. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020, and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginian Pilot Beacon on Sundays,June 28, 2020,and July 5, 2020. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 29, 2020. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 10, 2020. Ocean Rental Properties, LLC Agenda Item 28 Page 5 Site Layout & Parking Plan 20 i STREET ELT N o! (TD A smut RA)1) �f dip a' ! /p'P+t+_—' n ,...... s ue. ao+s]s II GRANT; t� .r a.w.u.r -1411,,11411W. LOTS 21 81 23 0.179 ACRES 7,605 SQ. FT. 1 1 _ PAvEr15iR 5+4A %I R c } a 1,VAC I-r—-' _/PAD `2; .. r t,A 402. 6 4 # 5I I I x'CfiM. LOT 25 sh 5 LOI 19 9'x18' parking space 1 >ss in garage 1 ill �i LEGEND oKIMEAD VMS is COX Cr PAgIENT - - FENCE ulor I ti CA �TcH 1 'I OPs P911 rDUND i OW PIPE rOUND i 0 POW PQL( p' .-„! .`17' 1 I • I. j I + 1 r 20TH STREET (a0' RIGHT OF WAY PER PLAT) PrirSiCAL SKYEY 3 20 40 60 of Illisdnorlinsmeminonsmi LOT 218,23.BLOCK 46 sumvlyoN AL__.Icr4jor VWOKEAcaSS. AO5)caT(YAP 8�0�t S. PAGE 1D]} YIROMA S99.04. VA SURVEYING&DESIGN,P.C. occcasca 1s` ?01l Scut: 1--20' ExcLu w of FOR 30' e+1A3431x0l HA11►CR 0llIv4. POO?$MQVYI. VA j37Q1 OCEAN RENTAL PollOALC I. �i-oii a oR�No ha o+i.6114e PROPERTIES, LLC. Ocean Rental Properties, LLC Agenda Item 28 Page 6 Site Photos a�°; •t. 0. a ctii.W a sot • ►1 ':V 4 •' a +� •i ■ may. '" ; ,�.l ram ,, t •�+ �5 c,a R�� f `�t AL y i, • --. ", 'c i.'f. v ..r .. - F Vir ,. 1 = ,:ft 1 'i t' MEW %, 'sue'^ _e ms 4e"z4gbRi _ yea - ` �+, Ocean Rental Properties, LLC Agenda Item 28 Page 7 Site Photos w # -+a 444444 iagr 10 41 . ♦' _ .�aR f r a`.•row • z�,` d 4 -rr # y. i a E f r h . a bt ' ii ' Ocean Rental Properties, LLC Agenda Item 28 Page 8 Disclosure Statement IN3 APPLICANT'S NAME Ocean Rental Properties,LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City ' Modification of 1 by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exce.tion for (EDIP) Changes Board of Zoning Encroachment Request ' Rezoning A. eals Certificate of Floodplain Variance Appropriateness .____ - Street Closure (Historic Review Board Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board a • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FORcih useJ tY i \IIc ic. . a„ i_ix,aT=:p. --.s,Xiortoany Page 1 of 7 Ptannin Commission aid City Councit meetinq that pertains to;he aoolivatonls). [APPLICANT NOTIFIED OF HEARING DATE. I I7 ---il'iliZa4 D iTE - NO CHANGES AS OF E 3a q,litkO REVISIONS SUBMITTED : ./ • Ocean Rental Properties, LLC Agenda Item 28 Page 9 Disclosure Statement Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Ocean Rental Properties, LLC If an LLC, list all member's names: Steven W. Bishard, Manager John K. Bishard, Manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Ocean Rental Properties, LLC Agenda Item 28 Page 10 Disclosure Statement 11/3 1'irgittia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Ocean Rental Properties, LLC Agenda Item 28 Page 11 Disclosure Statement • N/13 APPLICANT Virginia Beach I YES NO SERVICE PROVIDER(use a d)itional sheets if X- Accounting and/or preparer of your tax return Li5 ; Architect/Landscape Architect/ Land Planner n n Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors nn Engineers/Surveyors/Agents Align Surveying&Design P.C. Financing(include current TowneBank mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services R.Edward Bourdon,Jr.,Esquire Real Estate Brokers/ Agents/Realtors for current and u anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Ocean Rental Properties, LLC Agenda Item 28 Page 12 Disclosure Statement 1113 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this lApplication.,--- = 0 A CANT' SI NATURE PRINT NAME DATE • Page 5 of 7 Ocean Rental Properties, LLC Agenda Item 28 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Ocean Rental Properties, LLC Agenda Item 28 Page 14 , \ ', _—\----ci. ,, , ', - ' \ \ 't--__ \ \.------ -.,1 .• - V -_,_---;_•'2-(--- -----•\--- \ - ___ .. , „, ------ , . , , _ ---- '-,_-7------ - \--v- 0 p---A \ ' ' \ ..l ' ,:3-- ‘1 7 t4 r, ,_ V- la 11 ,. 'i--1.-r-\ \ \\- •, \ :_(-\:z3\0:.• ------1:. ., 1 .--2'' \--_-___-- -------_----- -- '1, - „ ..,_____--- -. ,------3... - _s______\, .,,-------_7_71,-- ---' 1 V- _- ____,..-- - __-- ' \ $4.90 - * I VI V ' \ ,____Ap fir. ',,, , k _-• , \ O. ------- ''. _ a _ ___,‘..: 4,;4 ___ _ ,roir ,r_.\__tc____-_-_-S s. ' T---____--T\ , • . _ .. ' r A , i ie• , . , . - \• ,..eis\ \ • . • ., . . „--- . ----- -----Thiu' - '40- ----: .10 -----',Yx---,:;---- ------.. ,, \ - , .• - fr4u, ,....• \ -- \ - - 0 --- __-___V-------A, • .4-1 retwAl•;4 .._2,,?. 1 ' rt.i.-_------ ' -- . e"...h3/47A, \-------4e,„; tn c- ti.e._ -.--L __------c----- ' ' ' 0 -1:5 •---.-' • \\\,\ %.A1 in\-----7'i•A--- ', ., A . ,,, . • , ---\ . \, , , ,------ tii),---- \' \ .. - \:_Ls,. _ --) \ •-•-'\ , ...' \ \i . . 1 . __.--------'---'-----\ \ I; 1\ \ .---). li 't \ a) •- 1E (1) CO CC 8.5 r \$ ', CO ag. cu c a) r i 1 I n s CD D cX \- , 1 - -. • \ 1°5 0 0 0 ., 'n'11 ...,,. 7 --'''' . --- ---..-7. -.. .. ''. \ t. , . . . '7-, 1, 1, Item#28 Ocean Rentals, LLC Conditional Use Permit(Short Term Rental) 611 20th Street March 11, 2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you, Mr. Bourdon, and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none, the chairman has asked me Mr. Redmond to review this application. The applicant is requesting to rezone approximately 7000 square foot parcel from community B-2 community business district to R-5R residential district. This is a very old lot and house, was created in 1916 and single family dwelling was built in 1920, all of this predated the zoning ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL 3, which is a limited commercial zoning district rather than a residential district. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex, which you can see there. The elevations are appropriate for this part of the city in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design, thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway will be is the part that has the greatest architectural articulation. In short, it's an appropriate application for this type of property particularly given history with the city; there is no opposition to the amendment and the commission concurs with the staff's recommendation of approval and therefore approves it by consent. And with that, Mr. Chairman, that was the last item on our agenda. I therefore make a motion. I forgot to short term rentals. Yes, I have my extra paragraph. Ladies and gentlemen, short term rentals. The planning commission places the following applications for conditional use permit for short term rental on the consent agenda, as these applications meet the applicable requirements of Section 241.2 of the zoning ordinance. Staff supports the applications and there is no known opposition to the requests. Those items are agenda items number 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43. That, Mr. Chairman, I move that we approve agenda items number 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 by consent. Mr. Weiner: Do I have a second? Mr. Horsley: Second. Mr. Tajan: Okay. May I clarify; number two is also added on to the consent agenda. Mr. Redmond:I am sorry. Number two is added to the consent agenda. Thank you. Good catch. Mr. Alcaraz: I need to abstain from items 23, 24, 25, and 26, I have extensive business dealings with one of the parties involved on these agenda items. Mr. Inman: I need to disclose that as to items 14, 15, 16, 27, 28, 29, 35 and 36, which indicate Town Bank as financing. I am on the advisory board for Town Bank, Virginia Beach. And for the conflicts of interest act, I'm disclosing this fact but I will be voting on these items. I'm able to vote on this matter as Planning Commission is the only and advisory group. I'm not involved in any monetary decisions of Town Bank on these matters and do not make sufficient funds from Town Bank appointment that I can not be fair and impartial. Therefore I'll be voting on those. Mr. Weiner: Thank you. Like to thank the applicants the very few of the applicants that have been on the consent agenda and your date now will be scheduled to go up the city council. The next order of business is items to be heard. And Madam Clerk,please start that please. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The following conditions shall only apply to the dwelling unit addressed as 611 20th Street and the Short Term Rental use shall only occur in the principal structure. 2. 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 Rentals tenants. Should the garage parking space is not available,the applicant/owner shall install a parking space in the rear of the property. 3. Off-Street parking shall be provided as required by Section 24.1 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 associated with the Short Term Rental shall be permitted with more than allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located.This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a)A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b)Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71(noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26,31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW& ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD CONVENTION & VISITORS BUREAU COMMUNITY TASK FORCE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents)is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to pmcgraw@vbgov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/07/2020 PAGE: 1 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W 0 O C Y L NOUWS 0 T T HEE E S S E O O E T I R Y S S ERNDN CITY MANAGER'S BRIEFINGS A. PUBLIC HEALTH/SAFETY UPDATE Dr.Demetria Lindsay, Director—Virginia Beach Health Department Erin Sutton,Director —Office of Emergency Management Steve Cover,Deputy City Manager Tony Zucaro,Interim Police Chief B. COURTHOUSE SECURITY FEE Sheriff Kenneth Stolle C. COMMISSION ON ACCREDITATION Tony Zucaro,Interim FOR LAW ENFORCEMENT AGENCIES Police Chief (CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE II. CITY COUNCIL DISCUSSION III/IVN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VINII SESSION E. F. MINUTES SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y June 16,2020 INFORMAL/FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y June 16,2020 SPECIAL FORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y June 23,2020 G. PUBLIC HEARING I. GRANT OF EASEMENT OVER CITY- 2 SPEAKERS OWNED PROPERTY 3,500t sq. ft. of gas pipeline easement to Columbia Gas of Virginia, Inc.(Lake Gaston Pipeline adjacent to Wyatts Mill Road, Greensville County,Virginia) I.1. Ordinance to AMEND City Code Section: ADOPTED 7-4 NY Y YYN N Y Y Y N a. 1-12.2 re increase courthouse security fee imposed upon persons convicted of criminal or traffic offenses (Deferred from June 16, 2020)—Requested by Sheriff Stolle I.1. Ordinance to AMEND City Code Section: ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y b. 2-129 employee grievances CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/07/2020 PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC DNOMO 0 L W O O C Y L NOUWS 0 T T HEE E S S E O O E T I R Y S S ER NDN I.1. Ordinance to AMEND City Code Sections: ADOPTED,BY 9-2 Y Y Y YYY Y YNNY CONSENT c. 7-58.1 / 7-59.1 re allow operation of motorized scooters in the Resort Area and on the trolley lanes of Atlantic Avenue 1.2. Resolution to DIRECT the City Purchasing ADOPTED,AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Agent to include a Virginia Human Rights REVISED,BY Act Provision in all City contracts(Requested CONSENT by Council Member Berlucchi) 1.3. Ordinance to AUTHORIZE a gas pipeline ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y easement across a portion of the City's Lake CONSENT B Gaston Pipeline property located in Greenville S County, Virginia to Columbia Gas of T Virginia,Inc./DECLARE such easement to A be in EXCESS of City's needs I N E D 1.4. Resolution to ESTABLISH a Community Task ADOPTED,AS 10-1 Y Y Y YYN Y Y Y Y Y Force re evaluate transitioning the AMENDED,BY Convention & Visitors Bureau to a new CONSENT organizational structure I.5. Ordinance to APPROVE a Cooperative ADOPTED,BY 10-1 Y Y Y YYN Y Y Y Y Y Agreement between the City Council and the CONSENT School Board re legal services provided to the School Board and School Administration by the City Attorney in FY2021 1.6. Ordinances re City Appointee Compensation ADOPTED,BY 10-1 Y Y Y YYN Y Y Y Y Y for FY2020-21: CONSENT a. Acting City Manager b. City Attorney d. City Real Estate Assessor 1.6. Ordinances re City Appointee Compensation ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y for FY2020-21: CONSENT c. City Clerk e. City Auditor 1.7. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City property CONSENT known as West Canal located at the rear of 2300 Windward Shore Drive re construct and maintain an existing wharf, boat lift and bulkhead 1.8. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into City-owned Easement over CONSENT Baylake Beach located at the rear of 4304 Sandy Bay Drive re construct and maintain a beach access walkway with stairs 1.9. Ordinance to APPROPRIATE $168,700 of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Fund Balance from the Police Federal&State CONSENT Seized Assets Special Revenue Fund to the FY2020-21 Police Operating Budget re equipment/training CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/07/2020 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BCDN OMO 0 L W 0 O C Y L NOUWS 0 T T HEE E S S E 0 0 E T I R Y S S ERNDN 1.10. Ordinance to ACCEPT / APPROPRIATE ADOPTED,AS 11-0 Y Y Y Y Y Y Y Y Y Y Y $39,258,497 from the United States Department AMENDED of Treasury through the CARES Act re Coronavirus relief J.1. TIMOTHY HANDLON for a CUP re short DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y term rental at 4504 Ocean View Avenue JULY 14,2020 DISTRICT 4—BAYSIDE J.2. BQ VENTURES,LLC for CUP re short term APPROVED/ 8-3 Y Y YNNN Y Y Y Y Y rentals at 406 23rd Street,Units Al,B1,&B2 CONDITIONED,BY DISTRICT 6—BEACH CONSENT J.3. JOSETTA DANNER fora CUP re short term DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y rental at 518 14th Street DISTRICT 6 — BEACH J.4. KATHLEEN PAIGE SIMMONS&GRANT APPROVED/ 9-2 Y Y YNYN Y YYYY SIMMONS for a CUP re short term rental at CONDITIONED 3608 Dupont Circle DISTRICT 4—BAYSIDE J.5. CREEKSIDE GETAWAY, LLC / DAISY APPROVED/ 6-5 Y Y YNNN Y YNNY JADE for a CUP re short term rental at 3214 CONDITIONED Creekside Drive DISTRICT 3—ROSE HALL J.6. CHRISTOPHER J.MASSARO/ APPROVED/ 8-3 Y Y YNNN Y Y Y Y Y CHRISTOPHER J.MASSARO CONDITIONED,BY REVOCABLE TRUST for a CUP re short CONSENT term rental at 209 55th Street DISTRICT 5— LYNNHAVEN J.7 NICK TREBON for a CUP re short term APPROVED/ 8-3 Y Y Y NNN Y YYYY rental at 421 21 '/2 Street,Unit D DISTRICT 6 CONDITIONED,BY —BEACH CONSENT K 2040 VISION TO ACTION COMMUNITY RESCHEDULED 11-0 BY C ON S E N S US COALITION ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARIES BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/07/2020 PAGE: 4 B AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMO 0 L W O 0 C Y L NO U W S 0 T THEEE S S E 00 E T I R Y S S E R ND N RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 2040 VISION TO ACTION COMMUNITY Reappointed COALITION David Weiner 4 Year Term 7/1/2020-6/30/2024 ARTS AND HUMANITIES COMMISSION Appointed: Michael Cloud- Butler Raeesah Islam Olga Torres-Baker 4 Year Term 7/7/2020-6/30/2024 BOARD OF BUILDING CODE APPEALS Appointed: Kevin Newton- Full member Unexpired term 7/7/2020-12/31/2022 COMMUNITY ORGANIZATION GRANT Appointed: REVIEW&ALLOCATION COMMTI TEE Lori Zontini- Citizen At Large Unexpired Term 7/7/2020-10/31/2022 HISTORIC PRESERVATION Appointed: COMMISSION Timothy Oksman Unexpired Term 7/7/2020-12/31/2021 Appointed: Hannah Levi- Student 1 year 7/7/2020—6/30/2021 LMN ADJOURNMENT 8:40 P.M. I V. OPEN DIALOGUE 7 SPEAKERS 9:09 P.M.