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HomeMy WebLinkAbout08-25-2020 SPECIAL SESSION AGENDAS CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M.'BOBBY"DYER,At Large Jti4 `'' c�YL VICE MAYOR JAMES L.WOOD,Lynnhaven-District 5 JESSICA P.ABBO7T,Kempsville-District 2 MICHAEL F.BERLUCCHI,Rose Hall-District 3 u BARBARA M.HENLEY,Princess Anne-District 7 LOUIS R.JONES,Bayside-District 4 JOHND.MOSS,At Large 44, • - AARONR.ROUSE,At Large °R°°. uwo GUYK TOWER Beach-District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D.WOOTEN,Centerville-District 1 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH,VIRGINIA 23456-9005 CITY MANAGER-PATRICKA.DUHANEY PHONE:(757)385-4303 CITY ATTORNEY-MARK D.STILES FAX(757)385-5669 CITY ASSESSOR-RONALDD.AGNOR CITY COUNCIL SPECIAL SESSION AGENDA E-MAIL:CITYCOUNCIL@vbgov.com CITY AUDITOR-LYNDON S.REMIAS CITY CLERK-AMA NDA BARNES August 25,2020 MAYOR ROBERT M."BOBBY"DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer - Virginia Beach Convention Center-4:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL II. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL STATEMENT Alice Kelly,Director—Finance B. PENDING PLANNING ITEMS Bill Landfair,Planning Evaluation Coordinator Kevin Kemp,Zoning Administrator III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. RECESS TO CLOSED SESSION - Virginia Beach Convention Center— 5:15 PM VI. RECONVENE SPECIAL SESSION A. CERTIFICATION OF CLOSED SESSION VII. ADJOURNMENT z city of Virginia Such S • sir '"'gp+y 9 kq Lof—♦v'�At`oNS Bg n•coMtt ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)3855899 BDYER4VBGOV.COM August 20, 2020 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,August 25,2020 4:00 P.M. Virginia Beach Convention Center 1000 19th Street The purpose of this SPECIAL SESSION is to allow City Council to hold City Manager briefings, City Council comments, and agenda review, at the Virginia Beach Convention Center. At 5:15 p.m., City Council will convene into a Closed Session. At the conclusion of the Closed Session, City Council will reconvene and certify the Closed Session. Sincerely, Robert M.Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL '�t41A.BE4c MAYOR ROBERT M. 'BOBBY"DYER,At Large VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 , vi<mAip JESSICA P.ABBOTT,Kempsville—District 2 a AL MICHAEL F.BERLUCCHI,Rose Hall—District 3 u � BARBARA M.HENLEY,Princess Anne—District 7 LOUIS R.JONES,Bayside—District 4 •, ` , JOHND.MOSS,At Large ` • + AARONR.ROUSE,At Large f°• ow, ',was' GUYK TOWER,Beach—District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D. WOOTEN,Centerville—District I 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH,VIRGINIA 23456-9005 CITY MANAGER—PATRICKA.DUHANEY PHONE:(757)385-4303 CITY ATTORNEY—MARK D.STILES FAX(757)385-5669 CITY ASSESSOR—RONALD D.AGNOR CITY COUNCIL JOINT E-MAIL:CITYCOUNCIL@vbgov.com CITY AUDITOR—LYNDONS.REMIAS SPECIAL FORMAL SESSION CITY CLERK—AMANDA BARNES WITH PLANNING COMMISSION August 25,2020 MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer - Virginia Beach Convention Center- 6:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL C. INVOCATION D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. MINUTES SPECIAL SESSION August 18,2020 JOINT SPECIAL SESSION August 18,2020 F. PUBLIC COMMENT 1. RESOLUTION TO REESTABLISH A RESORT MANAGEMENT OFFICE AND ADDRESS RESORT AREA INITIATIVES G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTION 1. Ordinances to ACCEPT and APPROPRIATE: a. $10,141,570 in CARES Act Funding to FY2020-21 Virginia Beach City Public Schools (VBCPS) Operating Budget re support remote and extended learning,and continuity of operations and services b. $5,000 from Cox Communication to FY2020-21 Finance Operating Budget re provide outreach and engagement to Small,Woman, and Minority (SWaM) businesses through the Ignite Series (Requested by Council Member Wooten) 2. Resolution for APPROVAL of Ignite Series virtual boot camp in September 2020 (Requested by Council Member Wooten) 3.Ordinance to TRANSFER necessary funds from salary and vacancy savings within the FY2020- 21 Operating Budget re one-time payments of$1,500 to Emergency Responders and $250 to eligible full-time employees I. PLANNING 1. MCLAREN INVESTMENTS, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the parcel into two lots and construct two single-family dwellings at 1129 Flobert Drive DISTRICT 2—KEMPSVILLE STAFF RECOMMENDATION: APPROVAL 2. ATRICE LEE RICHARD,JR., TRUSTEE OF THE ATRICE LEE RICHARD,JR. REVOCABLE LIVING TRUST for a Conditional Change of Zoning from AG-1 Agricultural District to I-1 Light Industrial District re subdivide into two lots and rezone Lot A and a Variance to Section 4.4(b) of the Subdivision Regulations re minimum lot area and lot width for Lot B at 2968 Holland Road DISTRICT 7—PRINCESS ANNE STAFF RECOMMENDATION: APPROVAL 3. KENNETH R. PRUITT/ KINGS'S GRANT BAPTIST CHURCH for a Modification of Conditions re open-air market at 873 Little Neck Road DISTRICT 5 —LYNNHAVEN (Approved June 16, 2015) STAFF RECOMMENDATION: APPROVAL 4. SENIORS UNLIMITED LIFESTYLES, INC./CITY OF VIRGINIA BEACH for a Conditional Use Permit re housing for seniors and disabled persons at 1015 & 1020 Finney Circle and 5387 & 5841 Burton Station Road DISTRICT 4—BAYSIDE STAFF RECOMMENDATION: APPROVAL 5. WOLFE BROS EVENTS for a Conditional Use Permit re assembly use at 1145 Princess Anne Road DISTRICT 7 —PRINCESS ANNE STAFF RECOMMENDATION: APPROVAL 6. JACOB SHORT for a Conditional Use Permit re short term rental at 4905 Mandan Road DISTRICT 4—BAYSIDE STAFF RECOMMENDATION: APPROVAL 7. YOUR NOT ALONE, LLC/DONALD & DEBRA WALKER REVOCABLE TRUST for a Conditional Use Permit re short term rental at 207 79th Street, Unit C DISTRICT 5 — LYNNHAVEN STAFF RECOMMENDATION: APPROVA 8. LISA C. EURE/RITA BIANCHI & MICHAEL BURNS for a Conditional Use Permit re short term rental at 2312 Red Tide Road, Unit A DISTRICT 5 —LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 9. ATLANTIC DEVELOPMENT ASSOCIATES, LLC for a Conditional Use Permit re short term rental at 112A 56th Street DISTRICT 5 —LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 10. CEBT PROPERTIES, LLC for a Conditional Use Permit re short term rental at 201 64th Street DISTRICT 5 —LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 11. LA PAZ, LLC for Conditional Use Permits re short term rentals at 2565 Shore Drive: a. Unit A b. Unit B DISTRICT 5—LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 12. OCEAN RENTAL PROPERTIES,LLC for a Conditional Use Permit re short term rental at 2216 Baltic Avenue, Unit B DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 13. WILLIAM J. WRIGHT,JR. for a Conditional Use Permit re short term rental at 909 Pacific Avenue, Unit A DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 14. CARLIN CREATIVE CONCEPTS, LLC for a Conditional Use Permit re short term rental at 901 Pacific Avenue, Unit B DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 15. NATHAN BOLLING for a Conditional Use Permit re short term rental at 423 21 st '/2 Street DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 16. DAWN WYATT for a Conditional Use Permit re short term rental at 609 Bayway Road DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 17. NEW JERUSALEM CHURCH for a Conditional Use Permit re short term rental at 101 Bishop Thoroughgood Avenue DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 18. AUSTIN BOYLES & STAR BOYLES for a Conditional Use Permit re short term rental at 1804 Baltic Avenue, Unit E DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 19. McLESKEY& ASSOCIATES/ FWM RESIDENTIAL RENTAL PROPERTIES, LLC. for Conditional Use Permits re short term rentals at: a. 409 Southside Road b. 441 Southside Road DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 20. McLESKEY & ASSOCIATES/RUDEE HEIGHTS PROPERTIES, LLC for Conditional Use Permits re short term rentals at 1405 Cypress Avenue: a. Unit A b. Unit B DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 21. JADE VACATIONS, LLC/JOSEPH CLARK for a Conditional Use Permit re short term rental at 329 25th Street DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 22. ANDREAS LOIZOU for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit#102 DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 23. PROLIFIC PROPERTIES, LLC for a Conditional Use Permit re short term rental at 1047 Coastaway Drive DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 24. JOHN KEENAN for a Conditional Use Permit re short term rental at 410 Terrace Avenue DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 25. LONGCREEK, LLC for Conditional Use Permits re short term rentals at 4005 Atlantic Avenue: a. Unit 110 b. Unit 111 c. Unit 210 d. Unit 212 DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL THE REMAINING ITEMS DO NOT REQUIRE PLANNING COMMISSION CONSIDERATION.' 26. KEMPSVILLE VOLUNTEER RESCUE SQUAD, INC./CITY OF VIRGINIA BEACH— Resolution to APPROVE a freestanding sign in accordance with City Zoning Ordinance (CZO) Section 905 (f)(5) for Kempsville Volunteer Rescue Squad, Inc., DISTRICT 2— KEMPSVILLE STAFF RECOMMENDATION: APPROVAL 27. WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions re home of the aged, disabled and handicapped for the properties located at 3100 Shore Drive(Approved November 14, 1977) DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL APPLICANT HAS REQUESTED, AND CITY COUNCIL, BY CONSENSUS, SHALL DEFER THIS MATTER TO SEPTEMBER 22, 2020 J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION 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 CONVENTION & VISITORS BUREAU COMMUNITY TASK FORCE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. 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(avbgov.com or call 385-4303. °5` • s City of vir it in Beach tso4 xet l rr 99�s 0, ouR woo. orn ROBERT M.'BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,R00M234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)125"81 FAX(757)385-5699 BDYER4VBGOV.COM August 20, 2020 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21,and by the authority vested in me as Mayor of the City of Virginia Beach, and with the consent of the Planning Commission Chair,I hereby call for a JOINT SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL and the VIRGINIA BEACH PLANNING COMMISSION Tuesday,August 25, 2020 6:00 P.M. Virginia Beach Convention Center 100019h Street The purpose of this JOINT SPECIAL FORMAL SESSION is to allow the City Council and the Planning Commission to hear planning items concurrently which is necessary in light of a prior advertising error. The City Council will hold a Public Comment and consider the Ordinances listed on the printed agenda, then immediately following, the City Council and the Planning Commission will proceed with the Public Hearing and consider planning items listed on the printed agenda. Citizens may comment either in person or virtually. If you would like to speak in person,please call the City Clerk's office at 757-385-4303 to sign up. If you wish to make comments virtually on an item,please follow the two-step process provided below: •Register for the WebEx at: h ttps://vbgov.webex.com/vbgov/onstage/g.php?MTID=e9ecfdfa6ad 731 e1 ff5e182b95a978f5c •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnesAvbgov.com prior to 5:00 p.m. on August 25, 2020 This Joint Special Formal Session will be streamed live on www.vbgov.com and Facebook Live, and will be recorded for rebroadcast on Cable TV. Citizens are encouraged to submit their comments to the City Council prior to the meeting via email at CitvCouncil@a,vbgov.com. Sincerely, Robert M.Dyer Mayor Cc: Planning Commission Chair and Members City Manager City Attorney City Clerk Deputy Ciry Managers FOIA Officer Communications Office - MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer -Virginia Beach Convention Center - 4:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL II. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL STATEMENT Alice Kelly, Director—Finance B. PENDING PLANNING ITEMS Bill Landfair, Planning Evaluation Coordinator Kevin Kemp,Zoning Administrator III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. RECESS TO CLOSED SESSION - Virginia Beach Convention Center— 5:15 PM VI. RECONVENE SPECIAL SESSION A. CERTIFICATION OF CLOSED SESSION VII. ADJOURNMENT MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer - Virginia Beach Convention Center- 6:00 PM A. READING OF THE MAYOR'S CALL FOR SPECIAL SESSION B. ROLL CALL OF CITY COUNCIL C. INVOCATION D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. MINUTES SPECIAL SESSION August 18, 2020 JOINT SPECIAL SESSION August 18, 2020 F. PUBLIC COMMENT 1. RESOLUTION TO REESTABLISH A RESORT MANAGEMENT OFFICE AND ADDRESS RESORT AREA INITIATIVES S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager to Reestablish a Resort Management Office, Expedite Completion of the Mobility Plan, Develop a Revitalization Program for Atlantic Avenue Infrastructure Improvements, and Develop Strategies to Address Criminal and Behavioral Issues Within the Virginia Beach Resort PUBLIC COMMENT DATE: August 25, 2020 MEETING DATE: September 1, 2020 • Background: The City Council recognized that the Resort Area is a major asset of the City and therefore created the Resort Advisory Commission to make recommendations to the City Council to maintain and enhance the Resort Area for visitors and residents and to implement improvements to the Resort Area. The recommendations and proposed improvements by the Resort Advisory Commission, with the City Council's approval, have resulted in improvements within the Resort Area and a history of steadily increasing tourism and tax dollars generated by the Resort Area. Virginia Beach's hallmark is welcoming families to a safe, diverse environment along Atlantic Avenue and the entire Resort Area. Previous administrations funded a Resort Management Office to facilitate resort initiatives and enforce zoning ordinances. The need for additional public infrastructure improvements and the reestablishment of a Resort Management Office is apparent. The resort has experienced different behavioral issues historically, and Virginia Beach residents, visitors and businesses are united in expressing grave concern in the continuing deterioration in the environment due to behavioral issues, criminal activity, and infrastructure concerns. During its August 6, 2020 meeting, the Resort Advisory Commission adopted a resolution urging the Council to take specific actions to enhance the Resort Area. The attached resolution includes all of the actions recommended in the commission's resolution. • Considerations: This resolution directs the City Manager to reestablish a Resort Management Office, appropriate funds in the 2021 fiscal year budget, re-initiate Friendship Patrols to maintain a safe and friendly atmosphere for all visitors and residents, increase the police presence on Atlantic Avenue, and initiate infrastructure improvements that reflect the art, history and culture of Virginia Beach. • Public Information: Public information will be provided through the normal Council agenda process. This matter was addressed in a public briefing during the Council's August 18, 2020 informal meeting and public comment was scheduled for the August 25, 2020 meeting. Resolution Regarding Resort Management Page 2 of 2 ■ Attachments: Resolution Requested by Mayor Dyer and Councilmember Abbott, Moss, Rouse, Tower, Wilson and Wooten REQUESTED BY MAYOR DYER AND COUNCILMEMBERS ABBOTT, MOSS, ROUSE, TOWER, WILSON AND WOOTEN 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO 2 REESTABLISH A RESORT MANAGEMENT OFFICE, 3 EXPEDITE COMPLETION OF THE MOBILITY PLAN, 4 DEVELOP A REVITALIZATION PROGRAM FOR ATLANTIC 5 AVENUE INFRASTRUCTURE IMPROVEMENTS, AND 6 DEVELOP STRATEGIES TO ADDRESS CRIMINAL AND 7 BEHAVIORAL ISSUES WITHIN THE VIRGINIA BEACH 8 RESORT 9 10 WHEREAS, the City Council recognizes that the Virginia Beach Resort is a major 11 asset of the City of Virginia Beach and created the Resort Advisory Commission to make 12 recommendations to the City Council to maintain and enhance the Resort Area for visitors 13 and residents and to implement improvements to the Resort Area; and 14 15 WHEREAS, the recommendations and proposed improvements by the Resort 16 Advisory Commission, with the City Council's approval, have resulted in improvements 17 within the Resort Area and a history of steadily increasing tourism and tax dollars generated 18 by the Resort Area; and 19 20 WHEREAS, Virginia Beach's hallmark is welcoming families to a safe, diverse 21 environment along Atlantic Avenue and the entire Resort Area; and 22 23 WHEREAS, previous administrations funded a Resort Management Office to 24 facilitate resort initiatives and enforce zoning ordinances; and 25 26 WHEREAS, the Virginia Beach Boardwalk has been recognized as one of the "Top 27 Ten Best Boardwalks in America;" and 28 29 WHEREAS, Virginia Beach consistently has been recognized as one of the best 30 family-oriented beach resorts in America; and 31 32 WHEREAS, it has been thirty years since the last major resort infrastructure 33 improvements were made within the Resort Area, and the need for additional public 34 infrastructure improvements and the reestablishment of a Resort Management Office has 35 become apparent; and 36 37 WHEREAS, the resort has experienced different behavioral issues historically, and 38 Virginia Beach residents, visitors and businesses are united in expressing grave concern 39 in the continuing deterioration in the environment due to behavioral issues, criminal activity, 40 and infrastructure concerns; and 41 42 WHEREAS, the continuation of such a state will cause more harm to citizens and 43 businesses and do irrevocable damage to the City's image; and 44 45 WHEREAS, the City Council supports increasing and maintaining the police 46 presence on Atlantic Avenue and their role in ensuring positive behaviors, protecting public 47 and private properties, and creating a safe and welcoming visitor environment; and 48 49 WHEREAS, the Resort Area competes not just with the Mid-Atlantic states, but with 50 beach resorts throughout the United States, Mexico, and Europe; and 51 52 WHEREAS, the Virginia Beach Hotel Association, Virginia Beach Restaurant 53 Association, Atlantic Avenue Association, 17th Street Gateway Association, adjacent 54 affected civic leagues and the Resort Advisory Commission are united in their request of 55 the Council to take the appropriate actions to move the Resort Area forward and in a 56 competitive nature in a world market; and 57 58 WHEREAS, the City risks a decline or loss of the family-friendly, welcoming, 59 inclusive, uniquely attractive, culturally and racially diverse, safe and clean Resort Area 60 unless steps are taken to implement the Resort Area Strategic Action Plan recently 61 approved by the City Council; and 62 63 WHEREAS, Virginia Beach residents are entitled to a resort amenity that is safe, 64 attractive, and well maintained; 65 66 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 67 OF VIRGINIA BEACH, VIRGINIA THAT: 68 69 1. The City Manager shall reestablish a Resort Management Office physically 70 located in the Resort Area with a manager and appropriate staffing; 71 72 2. The City Manager shall complete the Mobility Plan called for in the Resort 73 Area Strategic Action Plan within the next six months, so that the appropriate budget 74 allocation can be made in the 2021 fiscal budget; 75 76 3. The City Manager shall re-initiate Friendship Patrols in conjunction with local 77 churches and increase Atlantic Avenue entertainment programing to maintain a safe and 78 friendly atmosphere for all visitors and residents; 79 80 4. The City Manager shall implement a customer-friendly parking plan with 81 guidelines and hours of operation with public and private lots that put public safety as a top 82 priority; 83 84 5. The City Manager shall cause the Resort Management Office to implement 85 immediate and continuing maintenance actions that can address the growing list of areas 86 in need of immediate assistance; 87 88 6. The City Manager shall provide adequate resources to increase the police 89 presence on Atlantic Avenue; and 90 2 91 7 The City Council will work with the Resort Advisory Commission to develop a 92 Revitalization Program for Atlantic Avenue infrastructure improvements that reflect the art, 93 history and culture of Virginia Beach that would be funded in Budget Years 2021-2025. 94 95 BE IT FURTHER RESOLVED THAT: 96 97 The City Manager is authorized to transfer funds within existing appropriations and 98 transfer positions within existing FTE authorizations to fully implement this Resolution. The 99 transfer of appropriations may exceed the $100,000 limit upon the transfer delegation 100 provided by Section 10 of the FY 2020-21 Annual Appropriation Ordinance. If the City 101 Manager is unable to complete implementation of this Resolution within existing 102 appropriations or FTE authorizations, the City Manager shall bring forward an ordinance to 103 the City Council within 45 days of the adoption of this Resolution to seek the necessary 104 resources for full implementation. Adopted by the City Council of the City of Virginia Beach this day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: —'77C,G�i�2�( -t Deputy City Attorney oderick R. Ingram City Attorney's Office CA15148 R-3 August 19, 2020 3 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTION 1. Ordinances to ACCEPT and APPROPRIATE: a. $10,141,570 in CARES Act Funding to FY2020-21 Virginia Beach City Public Schools (VBCPS) Operating Budget re support remote and extended learning, and continuity of operations and services b. $5,000 from Cox Communication to FY2020-21 Finance Operating Budget re provide outreach and engagement to Small,Woman, and Minority (SWaM) businesses through the Ignite Series (Requested by Council Member Wooten) 2. Resolution for APPROVAL of Ignite Series virtual boot camp in September 2020 (Requested by Council Member Wooten) 3.Ordinance to TRANSFER necessary funds from salary and vacancy savings within the FY2020- 21 Operating Budget re one-time payments of$1,500 to Emergency Responders and $250 to eligible full-time employees :,,I;Egr,. \ [ ---. ,°,1 .l':','' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $10,141,570 in Federal Funding to the FY 2020-21 Operating Budget of the Virginia Beach City Public Schools MEETING DATE: August 25, 2020 • Background: The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020. The CARES Act included a $30.75 billion for education. These funds were provided in three discrete funds: Elementary and Secondary School Emergency Relief (ESSER) Fund; Governor's Emergency Education Relief (GEER) Fund; and Higher Education Emergency Relief (HEER) Fund. The funds provided for ESSER are intended for emergency relief activities and impacts to elementary and secondary schools. The ESSER allocations are based on a school division's relative share of Title I, Part A, Federal Fiscal Year 2019 funds. Virginia Beach City Public Schools has been allocated ESSER funds in the amount of $10,141,569.51. These funds will be used to: • support remote learning through educational technology; • support the diverse needs of all students during school closure and return to school, which may include mental health services and supports, provisions for meal distribution, and services allowable under the Individuals with Disabilities Education Act; • plan for and implement extended learning and summer learning; and • requirements for continuity of operation and service including continuing to employ existing staff to the greatest extent possible. • Considerations: The School Board of the City of Virginia Beach adopted the attached funding resolution at its August 11, 2020 meeting. As set forth in that resolution, the School Board requests the City Council approve the appropriation of ESSER Funds. The request is to appropriate the funds to the Categorical Grants portion of the FY 2020- 21 Operating Budget. • Public Information: Normal Council agenda process. • Attachments: Resolution, Ordinance Requested by: Virginia Beach School Board City Manager: pnV 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $10,141,570 IN FEDERAL FUNDING TO THE FY 2020-21 3 OPERATING BUDGET OF THE VIRGINIA BEACH CITY 4 PUBLIC SCHOOLS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $10,141,570 from the Coronavirus Aid, Relief, and Economic Security (CARES) 10 Act is hereby accepted and appropriated, with federal revenues increased accordingly, to 11 the Categorical Grants Fund of the Virginia Beach City Public Schools FY 2020-21 12 Operating Budget for various measures required to educate children during the COVID- 13 19 Pandemic. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budg t and Management Services 's Office CA15145 R1 August 13, 2020 • • if2ke. VIRGINIA BEACH CITY PUBLICSCHOOLS CHARTING THE COURSE School Board Services Carolyn T. Rye, Chair Kimberly A. Melnyk,Vice Chair District 5- Lynnhaven District 7—Princess Anne Beverly M. Anderson Daniel D. Edwards Sharon R. Felton At-Large District 2—Kempsville District 6— Beach Dorothy M. Holtz Laura K. Hughes Victoria C. Manning At-Large At-Large At-Large Jessica L. Owens Trenace B. Riggs Carolyn D. Weems District 3—Rose Hall District 1—Centerville District 4- Bayside Aaron C.Spence, Ed.D., Superintendent RESOLUTION REGARDING FEDERAL CORONAVIRUS AID,RELIEF, AND ECONOMIC SERCURITY(CARES)ACT APPROPRIATION WHEREAS,the Coronavirus Aid, Relief,and Economic Security(CARES)Act was signed into law on March 27,2020; and WHEREAS,the CARES Act includes a $30.75 billion education stabilization fund with three components:an Elementary and Secondary School Emergency Relief(ESSER) Fund,a Governor's Emergency Education Relief(GEER) Fund,and a Higher Education Emergency Relief(HEER) Fund; and WHEREAS,CARES Act ESSER funds are for emergency relief and intended to address the impact that the Novel Coronavirus Disease 2019(COVID-19) has had, and continues to have,on elementary and secondary schools across the nation;and WHEREAS,CARES Act ESSER Fund allocations are based on each school division's relative share of Title I,Part A, Federal Fiscal Year 2019 funds; and WHEREAS,Virginia Beach City Public Schools has been allocated CARES Act ESSER funds in the amount of $10,141,569.51; and WHEREAS,these funds were not appropriated to the School Board of the City of Virginia Beach in the Fiscal Year 2020- 2021 Budget Ordinance adopted by the City Council May 12, 2020;and WHEREAS,examples of the proposed spending plan include supporting remote learning through educational technology such as hardware, software,connectivity,assistive technology,and adaptive equipment; supporting the diverse needs of all students during school closure and when students return to school,which may include mental health services and supports,provisions for meal distribution, and services allowable under the Individuals with Disabilities Education Act; planning for and implementing extended learning and summer learning; and maintaining operations and continuity of services, including continuing to employ existing staff to the greatest extent practicable;and WHEREAS,the School Board of the City of Virginia Beach requests an additional appropriation of$10,141,569.51 into the Categorical Grants fund to be used for expenditures incurred due to the health emergency as permitted by the Virginia Department of Education;and NOW,THEREFORE,SE IT 2512 George Mason Drive I P.O. Box 6038 I Virginia Beach,Virginia 23456-0038 W WAN.vbschools corn ti IV" t �- / VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE RESOLUTION REGARDING FEDERAL CORONAVIRUS AID,RELIEF, AND ECONOMIC SERCURITY(CARES)ACT APPROPRIATION (continued) RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the CARES Act ESSER Funds as presented by the Administration;and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the appropriation of CARES Act ESSER Funds in Fiscal Year 2020-2021; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor,each member of City Council,the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 11th day of August 2020. Carolyn T. Rye, chool Board hair SEAL Attest: Regina M.Toneatto,Clerk of the Board 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach.Virginia 23456-0038 www vbschools corn I �s „ 1 ..L........: :F1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Accept and Appropriate a Donation from Cox Communications for Small, Woman, and Minority Business Outreach and Engagement (2) A Resolution Seeking Approval of an Ignite Virtual Boot Camp to be Held in September 2020 MEETING DATE: August 25, 2020 • Background: The Ignite Series was started in 2019 by Councilmember Wooten to disseminate information to residents about the City's disparity study, small, woman, and minority (SWaM) business issues, and other current events. Cox Communications has provided a donation of $5,000 to further facilitate communication between City leaders and the citizens of Virginia Beach through outreach and engagement by way of the 2020 Ignite Series. One proposed use of the Cox donation is to have a virtual boot camp in September 2020. As proposed, this event will not require City promotion or the use of City facilities, and it would not require City money other than donated funds. • Considerations: The appropriation of funds is intended to be used by the SWaM Office within the Finance Department to inform citizens and businesses about the 2020 iteration of the Ignite Series. Any additional funds will be directed to costs associated with the implementation of disparity study recommendations. With regard to the event, the City Council adopted a policy concerning Councilmember- sponsored events. That policy is attached to this item. To provide compliance with the policy, the attached resolution seeks the approval of use of donated funds for the virtual boot camp, and a waiver, to the extent one is required, to have such an event occur within 90 days of an election and the sponsor is on the ballot for such election. • Public Information: Public information will be coordinated through the normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Resolution; Council Policy REQUESTED BY COUNCILMEMBER WOOTEN REQUESTED BY COUNCILMEMBER WOOTEN 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION FROM COX COMMUNICATIONS FOR 3 SMALL, WOMAN, AND MINORITY BUSINESS 4 OUTREACH AND ENGAGEMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 A donation of $5,000 from Cox Communications is hereby accepted and 10 appropriated, with donation revenue increased accordingly, to the FY 2020-21 Operating 11 Budget of the Finance Department to provide outreach and engagement to Small, 12 Woman, and Minority (SWaM) businesses through the Ignite Series and further the 13 implementation of the disparity study's recommendations. 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 members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY 7Cior y' ffi CA15143 R-2 August 17, 2020 REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION SEEKING APPROVAL OF AN IGNITE 2 VIRTUAL BOOT CAMP TO BE HELD IN SEPTEMBER 3 2020 4 5 WHEREAS, the City Council adopted a Policy (the "Policy") concerning 6 Councilmember-sponsored events; and 7 8 WHEREAS, with donated funds, Councilmember Wooten seeks to conduct a 9 virtual boot camp in September 2020 (the "Event") as an additional event that is consistent 10 with and in furtherance of the goals of the Ignite Small Business Series; and 11 12 WHEREAS, the Event is intended to not require City promotion or the use of City 13 facilities. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA THAT: 17 18 The Council authorizes the use of donated funds for the Event and provides the 19 requisite authorization for purposes of the Policy. To the extent a waiver is required 20 because the Event is within 90 days of an election and the sponsor is on the ballot for 21 such election, such waiver is herein provided. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY City tt ne ' ffice CA15152 R-1 August 20, 2020 ,s j G �S1' Z . y*4-y-i S' City Council Policy 01, Title: Councilmember-Sponsored Forums and Events Date of Adoption: Page 1 of 1 1.0 Purpose and Need The purpose of this policy is to address expenditures related to forums and events sponsored or requested by individual members of the City Council. 2.0 Policy Events and forums sponsored by individual members of the City Council provide valuable information to our residents and may also provide opportunities for the public to give councilmembers direct feedback about important matters that impact our citizens' lives and wellbeing. The City is fortunate to have a variety of City-owned buildings and facilities that can be used to host such gatherings without additional cost, and members of Council are encouraged to avail themselves of these venues. Members of Council may contact the City Manager's Office to reserve space in a City facility and to request staff assistance, such as the provision of staff with subject matter expertise to attend the meetings, the assistance of staff with meeting planning skills, or staff assistance in publicizing such gatherings. If, however, a member of Council seeks to hold an event at a venue for which a fee must be paid or to hold an event that will entail more than a nominal (S50 or less) out-of-pocket expenditure, such as expenditures for catering or a speaker fee, then the member of Council shall first seek the approval of the City Council before incurring any such expense. The following procedure shall apply: • If the member seeks to hold an event and there is a departmental co-sponsor that has funds previously appropriated for such purposes, the member may share the purpose of the gathering and the amount of anticipated expenditures with the Council and the Council may approve the matter by consensus. However, if consensus is not obtained, the event must be approved by an affirmative vote of a majority of the Council. • If the member seeks to hold an event and there is not funding appropriated for such purpose, the expenditure must be approved by an affirmative vote of a majority of the Council. Nothing in this policy shall prevent a councilmember from participating in an event or forum that is sponsored and paid for by a City department. such as discussing a capital project within the member's district. using funds previously appropriated to that department as part of the normal budget process. If the member of Council seeking to hold an event reasonably believes that more than two members of the Council will be in attendance, the member shall notify the Freedom of Information Office and the City Clerk to allow appropriate meeting notification and recordation of minutes. This Policy does not authorize or encourage the use of City-owned buildings and facilities for Councilmember-sponsored forums and events in the 90 days immediately preceding an election if the sponsoring member is on the ballot for such election. -•I", , rE ,,._, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds within the FY 2020-21 Operating Budget to Provide One-Time Payments to Certain City Employees MEETING DATE: August 25, 2020 • Background: On August 18, 2020, the City Council authorized hazard pay to employees that are eligible for such pay through the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. These employees were primarily within public safety departments but also included Human Services and City employees within the Health Department. The positions that qualify for hazard pay through the CARES Act were generally grouped into two types. First, there are employees who perform services to mitigate or respond to the COVID-19 public health emergency. Second, there are employees who work directly with patients/clients to provide medical services (physical and mental health services), administer federal and state benefits required to be continued to help citizens during the pandemic, or provide protective services (such as Child Protective Services). These eligible employees work in a face-to-face capacity to provide services and are generally not working remotely/teleworking. • Considerations: While a portion of the City's workforce was eligible to receive hazard pay reimbursable through the CARES Act, other employees did not qualify. However, some of these employees have been identified as "Emergency Responders" and have been deemed ineligible to receive paid leave for child care due to school and/or childcare center closures as a result of the pandemic in accordance with the Families First Coronavirus Response Act due to the critical nature of the work that they perform. Emergency Responders, as defined by the Families First Coronavirus Response Act and further interpreted by U.S. Department of Labor regulations and guidance, were not included in the initial round of hazard pay approved by the City Council on August 18th A one-time payment is requested to recognize the hard work of the staff who have ensured the continuity of day-to-day operations in the City throughout the pandemic. In order to receive the payment, the employee must have worked for the City in a full-time capacity for the months of March through June 2020 and still currently be employed by the City of Virginia Beach. Full-time employees who make over $100,000, part-time employees, and persons who provide contracted services are not eligible for the payment. Employees that have been identified as "Emergency Responders" and omitted from the previous hazard pay allocation will receive $1 ,500, while all other full-time City employees will receive $250. The attached ordinance transfers funds within the FY 2020-21 Operating Budget from salary savings generated by the hiring freeze to provide the funding needed for the one- time payments. The ordinance also authorizes transfers of vacancy savings between departments if such an action is required. Estimated amounts by fund are included on Exhibit A. Exhibit B provides estimated amounts by department and bonus amount. The ordinance also authorizes the City Manager to make individual position-specific determinations in the event a position included in the August 18th hazard pay Council action is not eligible for CARES Act, and the ordinance provides the following priority for such determinations: (i) hazard pay, if eligible, first; (ii) Emergency Responder one-time payment, if eligible, second; and (iii) $250 one-time payment. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance, Attachments (Exhibit A and Exhibit B) Recommended Action: Approval Submitting Department/Agency: City Manager City Manager: /1 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN 2 THE FY 2020-21 OPERATING BUDGET TO 3 PROVIDE ONE-TIME PAYMENTS TO CERTAIN 4 CITY EMPLOYEES 5 6 WHEREAS, the City Council, on August 18th, authorized hazard pay for certain 7 employees where the eligibility for such hazard pay was provided by the CARES Act; 8 9 WHEREAS, certain employees were not eligible for hazard pay but were classified 10 as "Emergency Responders" for purposes of the Families First Coronavirus Response 11 Act (FFCRA); 12 13 WHEREAS, other employees have worked to ensure the continuity of day-to-day 14 operations through the COVID-19 pandemic; 15 16 WHEREAS, in recognition of the labor and effort of these City employees, a one- 17 time payment of$1,500 to"Emergency Responders" making less than $100,000 per year 18 and not otherwise eligible for hazard pay and one-time payment of$250 to other full-time 19 employees making less than $100,000 per year and not otherwise eligible for hazard pay 20 or the one-time payments for Emergency Responders has been recommended; 21 22 WHEREAS, to effectively implement these initiatives as intended by City Council, 23 the City Manager will need discretion to review individual cases on a as needed basis to 24 make final determination of eligibility; and 25 26 WHEREAS, a demonstrative list of the funds and departments is attached hereto 27 as Exhibit A and Exhibit B. 28 29 NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA, THAT: 31 32 1 . A one-time payment in the amount of $1,500 is hereby authorized for full-time 33 employees classified as 'Emergency Responders"for purposes of the FFCRA, 34 making less than $100,000 per year, employed during the months of March 35 through June 2020, currently employed by the City, and not previously provided 36 hazard pay. 37 38 2. A one-time payment in the amount of $250 is hereby authorized for full-time 39 employees making less than $100,000 per year, employed during the months 40 of March through June 2020, currently employed by the City, and not otherwise 41 eligible for hazard pay or the one-time payment authorized in Section 1, supra. 42 43 3. A transfer of vacancy savings is authorized to provide the one-time payments 44 provided herein and consistent with the list of funds and departments set forth 45 in Exhibit A and Exhibit B. The City Manager is authorized to transfer vacancy 46 savings between departments if needed to provide the payments authorized by 47 the ordinance. 48 49 4. Because some of the positions included in the list of hazard pay authorized by 50 the City Council on August 18, 2020 may not be eligible for CARES Act 51 reimbursement and other positions not included on such list are eligible for 52 hazard pay, the City Council authorizes the City Manager or his designee to 53 review individual positions, as necessary, to determine hazard pay eligibility 54 and eligibility of the payments authorized herein. The preference in such 55 determination shall be:(i)hazard pay, if eligible, first; (ii)Emergency Responder 56 one-time payment, if eligible, second; and (iii) $250 one-time payment. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY. Budget and Management Services City Att rney's Office CA15144 R-3 August 20, 2020 Exhibit A One Time Pay Amount Fringe Total City Garage ISF $ 93,500 $ 7,153 $ 100,653 Parks and Rec SRF $ 56,250 $ 4,303 $ 60,553 San_dbridge SSD $ 1,750 $ 134 $ 1,884 • Stormwater $ 109,250 $ 8,358 $ 117,608 Waste Management $ 186,250 $ 14,248 $ 200,498 _ Water&Sewer $ 375,250 $ 28,707 $ 403,957 Telecommunications ISF $ 1,500 $ 115 $ 1,615 Law Library $ 500 $ 38 $ 538 Federal Section 8* $ 4,500 $ 344 $ 4,844 Community Development SRF* $ 4,250 $ 325 $ 4,575 School Landscaping $ 14,500 $ 1,109 $ 15,609 Agricultural Reserve $ 250 $ 19 $ 269 Grants Consolidated* $ 8,250 $ 631 $ 8,881 Parking Enterprise $ 1,500 $ 115 $ 1,615 Risk Management $ 1,250 $ 96 $ 1,346 Sheriff $ 15,250 $ 1,167 $ 16,417 Tourism Advertising $ 4,000 $ 306 $ 4,306 Tourism Investment $ 13,000 $ 995 $ 13,995 General Fund $ 1,328,000 $ 101,592 $ 1,429,592 Total $ 2,219,000 $ 169,754 $ 2,388,754 *Denotes Grant Fund.These amounts will be transferred from the General Fund if needed. Exhibit B Number o Qualified One Time FICA/ Department Positions Pay Amount Pay Total Medicare Total Agriculture 7 $ 250 $ _ 1,750 $ 134 $ 1,884 Budget 8 $ 250 $ 2,000 $ 153 $ _ 2,153 Circuit Court Judges 8 $ 250 $ 2,000 $ 153 $ 2,153 City Attorney 27 $ 250 _ $ 6,750 $ 516 $ 7,266 City Auditor 5 $ 250 $ 1,250 $ 96 $ 1,346 City Clerk 5 $ 250 $ 1,250 $ 96 $ 1,346 City Manager 12 $ 250 $ 3,000 $ 230 $ 3,230 City Real Estate Assessor 32 $ 250 $ 8,000 $ 612 $ 8,612 City Treasurer 65 $ 250 $ 16,250 $ 1,243_$ _17,493 Clerk of the Circuit Court 53 $ 250 $ 13,250 $ 1,014 $ 14,264 Commissioner of the Revenue 55 $ 250 $ 13,750 $ 1,052 $ 14,802 Commonwealth's Attorney 73 $ 250 $ 18,250 $ 1,396 $ 19,646 Communications 16 $ 250 $ 4,000 $ 306 $ 4,306 CVB 96 $ 250 $ 24,000 $ 1,836 $ 2. 5,836 Cultural Affairs 7 $ 250 $ 1,750 $ _ 134 $ 1,884 Economic Development 13 $ 250 $ 3,250 $ 249 $ 3,499 ECCS-ER 73 $ 1,500 $ 109,500' $ 8,377 $ 117,877 ECCS 28 $ 250 $ 7,000 $ 536 $ 7,536 Emergency Management-ER 6 $ 1,500 $ 9,000 $ 689 $ 9,689 Emergency Medical Services 15 $ 250 $ 3,750 $ 287 $ 4,037 Finance 48 $ 250 $ 12,000 $ 918 $ 12,918 Fire 23 $ 250 $ 5,750 $ 440 $ 6,190 Health 1 $ 250 $ 250 $ 19 $ 269 Housing 76 $ 250 $ 19,000 $ 1,454 $ 20,454j Human Resources 41 $ 250 $ 10,250 $ 784 $ 11,034 _Human Services- ER 234 $ 1,500 $ 351,000 $ 26,852 $ 377,852 Human Services 142 $ 250 $ 35,500 $ 2,716 $ 38,216 Information Technology- ER 35 $ 1,500 $ 52,500 $ 4,016 $ 56,516 Information Technology 101 $ 250 $ 25,250 $ 1,932 $ 27,182 Juvenile Probation 2 $ 250 $ 500 $ 38 $ 5388 Library 190 $ 250 $ 47,500 $ 3,634 $ 51,134 Parks and Recreation 372 $ 250 $ 93,000 $ 7,115 $ 100,115 Parks and Recreation-ER 8 $ 1,500 $ 12,000 $ 918 $ 12,918 Planning 119 $ 250 $ 29,750 $ 2,276 $ 32,026 Police 178 $ 250 $ 44,500 $ 3,404 $ 47,904 Public Utilities-ER 234 $ 1,500 $ 351,000 $ 26,852 $ 377,852 Public Utilities 97 $ 250 $ 24,250 $ 1,855 $ _ 26,105 Public Works- ER 494 $ 1,500 $ 741,000 $ 56,687 $ 797,687 a Public Works 293 $ 250 $ 73,250 $ 5,604_ $ 78,854 Sheriff 61 $ 250 $ 15,250 $ 1,167 $ 16,417 STIR 4 $ 250 $ 1,000 $ 77 $ 1,077 Aquarium - -�r 88 $ 250 $ 22,000 $ 1,683 $ 23,683 Voter Registrar 11 $ 250 $ 2,750 $ 210 $ 2,960 Total 3,456 $ 2,219,000 $ 169,754 $ 2,388,754 *ER denotes positions determined to be emergency responders during the COVID-19 pandemic. I. PLANNING 1. MCLAREN INVESTMENTS, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the parcel into two lots and construct two single-family dwellings at 1129 Flobert Drive DISTRICT 2—KEMPSVILLE STAFF RECOMMENDATION: APPROVAL 2. ATRICE LEE RICHARD,JR., TRUSTEE OF THE ATRICE LEE RICHARD,JR. REVOCABLE LIVING TRUST for a Conditional Change of Zoning from AG-1 Agricultural District to I-1 Light Industrial District re subdivide into two lots and rezone Lot A and a Variance to Section 4.4(b) of the Subdivision Regulations re minimum lot area and lot width for Lot B at 2968 Holland Road DISTRICT 7—PRINCESS ANNE STAFF RECOMMENDATION: APPROVAL 3. KENNETH R. PRUITT/ KINGS'S GRANT BAPTIST CHURCH for a Modification of Conditions re open-air market at 873 Little Neck Road DISTRICT 5 —LYNNHAVEN (Approved June 16, 2015) STAFF RECOMMENDATION: APPROVAL 4. SENIORS UNLIMITED LIFESTYLES, INC./CITY OF VIRGINIA BEACH for a Conditional Use Permit re housing for seniors and disabled persons at 1015 & 1020 Finney Circle and 5387 & 5841 Burton Station Road DISTRICT 4—BAYSIDE STAFF RECOMMENDATION: APPROVAL 5. WOLFE BROS EVENTS for a Conditional Use Permit re assembly use at 1145 Princess Anne Road DISTRICT 7—PRINCESS ANNE STAFF RECOMMENDATION: APPROVAL 6. JACOB SHORT for a Conditional Use Permit re short term rental at 4905 Mandan Road DISTRICT 4—BAYSIDE STAFF RECOMMENDATION: APPROVAL 7. YOUR NOT ALONE, LLC/DONALD & DEBRA WALKER REVOCABLE TRUST for a Conditional Use Permit re short term rental at 207 79th Street, Unit C DISTRICT 5 — LYNNHAVEN STAFF RECOMMENDATION: APPROVA 8. LISA C. EURE/RITA BIANCHI & MICHAEL BURNS for a Conditional Use Permit re short term rental at 2312 Red Tide Road, Unit A DISTRICT 5 —LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 9. ATLANTIC DEVELOPMENT ASSOCIATES, LLC for a Conditional Use Permit re short term rental at 112A 56th Street DISTRICT 5 —LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 10. CEBT PROPERTIES, LLC for a Conditional Use Permit re short term rental at 201 64th Street DISTRICT 5 —LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 11. LA PAZ, LLC for Conditional Use Permits re short term rentals at 2565 Shore Drive: a. Unit A b. Unit B DISTRICT 5—LYNNHAVEN STAFF RECOMMENDATION: APPROVAL 12. OCEAN RENTAL PROPERTIES,LLC for a Conditional Use Permit re short term rental at 2216 Baltic Avenue, Unit B DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 13. WILLIAM J. WRIGHT,JR. for a Conditional Use Permit re short term rental at 909 Pacific Avenue, Unit A DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 14. CARLIN CREATIVE CONCEPTS, LLC for a Conditional Use Permit re short term rental at 901 Pacific Avenue, Unit B DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 15. NATHAN BOLLING for a Conditional Use Permit re short term rental at 423 21 st '/2 Street DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 16. DAWN WYATT for a Conditional Use Permit re short term rental at 609 Bayway Road DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 17. NEW JERUSALEM CHURCH for a Conditional Use Permit re short term rental at 101 Bishop Thoroughgood Avenue DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 18. AUSTIN BOYLES & STAR BOYLES for a Conditional Use Permit re short term rental at 1804 Baltic Avenue, Unit E DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 19. McLESKEY & ASSOCIATES/FWM RESIDENTIAL RENTAL PROPERTIES, LLC. for Conditional Use Permits re short term rentals at: a. 409 Southside Road b. 441 Southside Road DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 20. McLESKEY & ASSOCIATES/RUDEE HEIGHTS PROPERTIES,LLC for Conditional Use Permits re short term rentals at 1405 Cypress Avenue: a. Unit A b. Unit B DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 21. JADE VACATIONS,LLC/JOSEPH CLARK for a Conditional Use Permit re short term rental at 329 25th Street DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 22. ANDREAS LOIZOU for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit#102 DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 23. PROLIFIC PROPERTIES, LLC for a Conditional Use Permit re short term rental at 1047 Coastaway Drive DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 24. JOHN KEENAN for a Conditional Use Permit re short term rental at 410 Terrace Avenue DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL 25. LONGCREEK, LLC for Conditional Use Permits re short term rentals at 4005 Atlantic Avenue: a. Unit 110 b. Unit 111 c. Unit 210 d. Unit 212 DISTRICT 6—BEACH STAFF RECOMMENDATION: APPROVAL THE REMAINING ITEMS DO NOT REQUIRE PLANNING COMMISSION CONSIDERATION: 26. KEMPSVILLE VOLUNTEER RESCUE SQUAD, INC./CITY OF VIRGINIA BEACH— Resolution to APPROVE a freestanding sign in accordance with City Zoning Ordinance (CZO) Section 905 (f)(5) for Kempsville Volunteer Rescue Squad, Inc., DISTRICT 2— KEMPSVILLE STAFF RECOMMENDATION: APPROVAL 27. WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions re home of the aged, disabled and handicapped for the properties located at 3100 Shore Drive(Approved November 14, 1977) DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL APPLICANT HAS REQUESTED, AND CITY COUNCIL, BY CONSENSUS, SHALL DEFER THIS MATTER TO SEPTEMBER 22, 2020 ren...1 oec,.... ..4./. 1s 4 ',1,:rit:srm • —NOTICE OF PUBLIC HEARING Ajoint meeting of the City Council of the City of Virginia Beach and the Virginia Beach Planning Commission will be held in the Virginia Beach Convention Center,located at 1000 19u Street, Virginia Beach,Virginia,on Tuesday,August 25,2020 at 6:00 p.m.,at which time the following applications will be heard: Westminster Canterbury on Chesapeake Bay[Applicant&Owner]Modification of Conditions to permit an expansion of the independent living,assisted living and memory care facilities, 3100 Shore Drive,properties located at intersection of Starfish Road&Ocean Shore Avenue(GPINs 1590004510,1590100553,1590101535,1590102542,1590009984,1590009705 &1590100956)COUNCIL DISTRICT-LYNNHAVEN Ocean Rental Properties,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)2216 Baltic Avenue,Unit B(GPIN 2417989729)COUNCIL DISTRICT-BEACH Your Not Alone,LLC[Applicant]Your Not Alone,LLC&Donald&Debra Walker Revocable Trust[Owners]Conditional Use Permit(Short Term Rental)207 79th Street,Unit C(GPIN 24195873653207)COUNCIL DISTRICT-LYNNHAVEN Lisa C.Eure[Applicant&Owner]Conditional Use Permit(Short Term Rental)2312 Red Tide Road,Unit A(GPIN 15902024690001)COUNCIL DISTRICT-LYNNHAVEN Atlantic Development Associates,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)112A 56th Street(GPIN 2419803545)COUNCIL DISTRICT-LYNNHAVEN CEBT Properties,LLC[Applicant&Owner)Conditional Use Permit(Short Term Rental)201 64th Street(GPIN 24197321940201)COUNCIL DISTRICT-LYNNHAVEN William J.Wright,Jr.[Applicant&Owner]Conditional Use Permit(Short Term Rental)909 Pacific Avenue,Unit A(GPIN 24 2 7 2444111005)COUNCIL DISTRICT-BEACH Carlin Creative Concepts,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)901 Pacific Avenue Unit B(GPIN 242 7 2444 110945)COUNCIL DISTRICT-BEACH Nathan Bolling[Applicant&Owner]Conditional Use Permit(Short Term Rental)423 21st1 Street(GPIN 24270823850001)COUNCIL DISTRICT-BEACH Dawn Wyatt[Applicant&Owner]Conditional Use Permit(Short Term Rental)609 Bayway Road(GPIN 2417286565)COUNCIL DISTRICT-BEACH New Jerusalem Church[Applicant&Owner]Conditional Use Permit(Short Term Rental)101 Bishop Thoroughgood Avenue(GPIN 2417537514)COUNCIL DISTRICT-BEACH Austin Boyles&Star Boyles[Applicants&Owners)Conditional Use Permit(Short Term Rental)1804 Baltic Avenue,Unit E(SPIN 2427072276)COUNCIL DISTRICT-BEACH McLeskey&Associates[Applicant]FWM Residential Rental Properties,LLC[Owner]Conditional Use Permit(Short Term Rental)409 Southside Road(GPIN 2427216337)COUNCIL DISTRICT-BEACH McLeskey&Associates[Applicant]FWM Residential Rental Properties,LLC[Owner]Conditional Use Permit(Short Term Rental)441 Southside Road(SPIN 2427214001)COUNCIL DISTRICT-BEACH McLeskey&Associates[Applicant]Rudee Heights Properties,LLC[Owner]Conditional Use Permits(Short Term Rentals)1405 Cypress Avenue,Units A&B(GPIN 2417956691)COUNCIL DISTRICT-BEACH La Paz,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)2565 Shore Drive,Units A&B(GPIN 1590710928)COUNCIL DISTRICT-LYNNHAVEN JADE Vacations,LLC[Applicant]Joseph Clark[Owner]Conditional Use Permit(Short Term Rental)329 25th Street(GPIN 24280030615030)COUNCIL DISTRICT-BEACH Andreas Loizou[Applicant&Owner]Conditional Use Permit(Short Term Rental)4005 Atlantic Avenue,Unit 102(GPIN 24280514483760)COUNCIL DISTRICT-BEACH Jacob Short[Applicant&Owner]Conditional Use Permit(Short Term Rental)4905 Mandan Road(GPIN 1477231783)COUNCIL DISTRICT-BAYSIDE Prolific Properties,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)1047 Coastaway Drive(SPIN 2417656259)COUNCIL DISTRICT-BEACH John Keenan[Applicant&Owner]Conditional Use Permit(Short Term Rental)410 Terrace Avenue(GPIN 2427128606)COUNCIL DISTRICT-BEACH Longcreek,LLC[Applicant&Owner]Conditional Use Permit(Short Term Rental)4005 Atlantic Avenue,Units 110,111,210&212(SPIN 2428051448)COUNCIL DISTRICT-BEACH CITY OF VIRGINIA BEACH-A Resolution to Approve a freestanding sign in accordance with City Zoning Ordinance Section 905(f)(5)for Kempsville Volunteer Rescue Squad,Inc. Wolfe Bros Events,LLC[Applicant&Owner]Conditional Use Permit(Assembly Use)1145 Princess Anne Road(GPIN 2400493564)COUNCIL DISTRICT-PRINCESS ANNE McLaren Investments,LLC[Applicant&Owner]Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)1129 Hobert Drive(SPIN 14 7 61069 13)COUNCIL DISTRICT- KEMPSV1LLE Kenneth R.Pruitt[Applicant]King's Grant Baptist Church[Owner]Modification of Conditions(Open-Air Market)873 Little Neck Road(GPINs 1488828793&1488828629)COUNCIL DISTRICT-LYNNHAVEN Seniors Unlimited Lifestyles,Inc.[Applicant]City of Virginia Beach[Owner]Conditional Use Permit(Housing for Seniors and Disabled)1012&1020 Finney Circle,5837&5841 Burton Station Road(GPINs 1458882897,1458893052,1458892090.1458882715,&1458892065)COUNCIL DISTRICT-BAYSIDE Atrice Lee Richard,Jr.,Trustee of the Atrice Lee Richard,Jr.Revocable Living Trust[Applicant&Owner]Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)Conditional Rezoning(AG-1 Agricultural District to Conditional I-1 Light Industrial District)2968 Holland Road(GPIN 1495334774)COUNCIL DISTRICT-PRINCESS ANNE Copies of the proposed plans,ordinances,resolutions and amendments are on file and may be examined by appointment in the Department of Planning at 2875 Sabre St,Suite 500 or online at'tto://www.vbgov.com/R'..For information call 385-4621. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: •Register for the WebEx at: hops//vhgov wr,hex r nin/vhenv/onsiagei g nhn7M7 U)-eOecftltn6ad 7 sl r-'l ff5efR215,,a978f5r •Register with the City Clerk's Office by calling(757)385-4303 or via email at AB.5rnes5v5ggv_cpm prior to 5:00 p.m.on August 25.2020 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 71i All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON-AUGUST 9,2020&AUGUST 16,2020 444\10w 4" i 441,4, , I II Al, ir Ati i 11,;, 4, ,o, ip,,, t _ ,_ ' 1 * f R-20 , leat , , / lit i 4. 4IIP [---- xF R-20 �� R1 . =20 2 _0;4* / 1/ .1 I/ a .4,,,,,, /..... ally if fi ' */ *1:1,71--„.„---_, illyr / 4.... /... / 1-,_ lib-.- 1 • * . N // Site McLaren Investments, LLC W - Property_Polygons 1129 Flobert Drive Nov` s Zoning r Parking Lot Drive Aisle - mom. ilim ii Feet Building 0 20 40 80 120 160 200 240 4 S•' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MCLAREN INVESTMENTS, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) for the property located at 1129 Flobert Drive (GPIN 1476106913). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: August 25, 2020 ■ Background: The 39,998 square foot is currently developed with one single-family residence that was significantly damaged by fire. The applicant is seeking to deviate from the minimum lot area requirement of the R-20 Residental District pursuant to Section 4.4(b) of the Subdivision Regulations to subdivide the parcel into two lots for the construction of two single-family dwellings. The minimum lot area in the R- 20 Residential District is 20,000 square feet. The existing parcel is just shy by two square feet of the required 40,000 square feet in order to subdivide the parcel into two lots as a matter of right. • Considerations: The proposed Lot A will meet the development standards of the R-20 Residential District. The variance is necessary to create proposed Lot B since it will be just two square feet shy of the minimum lot area requirement of 20,000 square feet due to the side property lines not being completely perpendicular to the front and rear property lines. Properties along this block of Flobert Avenue are comprised of ranch-style, single-family dwellings with lot sizes varying between 19,892 square feet and 39,998 square feet. Based on submitted renderings depicting two-story contemporary-style dwellings, the architectural style of the proposed dwellings is typical for infill development of this size. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Four letters of support were provided by surrounding property owners. There is no known opposition to this request. is Recommendation: On July 8, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to recommend approval of this request; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. 1 . When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "SUBDIVISION OF PROPERTY OF McLaren Investments, LLC Page 2 of 2 MCLAREN INVESTMENTS, LLC," dated June 22, 2020, and prepared by DKT Associates Land Surveyors. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character of the home depicted on page 6 of this Staff report entitled "ARCHITECTURAL EXHIBIT", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Said exterior building façade materials shall consist of a minimum of 90 percent bricks that are compatible with the surrounding development. 3. When the property is developed, the residential dwellings constructed shall vary in size and shape. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (4) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ,�f��/ Submitting Department/Agency: Planning Department a" V-- City Manager:0 Applicant & Owner McLaren Investments, LLC Agenda Item Public Hearing August , �' City Council Election District 25 Kemp 2020sville Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivison Regulations) Staff Recommendation 4•41,. - Approval •°` • %R Staff Planner 7 :5- ' 40/0.4% Hoa N. Dao / ,° . . . 0 i .416 411$ Location °42 • 1129 Hobert Drive - l ri GPIN J . 0 . i. 2 1476106913 i -- ik ( °� `° ar Site Size a D a °°a° 39,998 square feet =° a` a '' 2 Ns., AICUZ 'C( i 7 Less than 65 dB DNL / Watershed Southern Rivers ` ruese .. Existing Land Use and Zoning District Single-family dwelling/R-20 Residential Surrounding Land Uses and Zoning Districts North ' Single-family dwellings/ R-20 Residential South Single-family dwellings/ R-20 Residential 4,41' .,„ East , Hobert Drive - Single-family dwellings/ R-20 Residential West , Single-family dwellings/ R-20 Residential ' McLaren Investments, LLC Agenda Item 1 Page 1 Background & Summary of Proposal • The site is currently developed with one single-family residence that was significantly damaged by fire. • The applicant is seeking to deviate from the minimum lot area requirement of the R-20 Residental District pursuant to Section 4.4(b) of the Subdivision Regulations to subdivide the 39,998 square foot parcel into two lots for the construction of two single-family dwellings. • The minimum lot area in the R-20 Residential District is 20,000 square feet. The existing parcel is shy by just two square feet of the required 40,000 square feet in order to subdivide the parcel into two lots by right. REQUIRED LOT AREA(Sq. Ft.) PROPOSED LOT AREA(Sq. Ft.) LOT A 20,000 20,000 LOT B 20,000 19,998 N 20 4 �r "�° //it/ No Zoning History to Report 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 Section 9.3 of the Subdivision Regulation states that no variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. McLaren Investments, LLC Agenda Item 1 Page 2 E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The proposed Lot A will meet the development standards of the R-20 Residential District.The variance necessary to create proposed Lot B since it is two square feet short of the minimum lot area requirement of 20,000 square feet due to the side property lines not being completely perpendicular to the front and rear property lines. Properties along this block of Flobert Avenue are comprised of ranch-style single-family dwellings with lot size that vary between 39,998 square feet to 19,892 square feet. The proposed renderings depict two-story, 2942 square foot, contemporary-style dwellings with brick and cement fiber board exteriors. While not in character with the ranch-style dwellings for this area,the proposed dwellings are typical for infill development and typical for lots of this size. The proposed exterior building materials are compatible within the surrounding area. In Staff's opinion,the proposed subdivision meets the criteria of Section 9.3 of the Subdivision Regulations.The hardship exist due to the odd shape of the parcel, causing the lot area to be shy of two square feet. The approval of this variance will not cause adverse affect to the character of the neighborhood. In fact,four letters of support from the adjacent properties have been received by Staff at the time of this report. Similar variance requests have been granted when the deviation is extremely nominal. Staff finds the proposal to be compatible with the development pattern in the surrounding area and is recommending approval of the request subject to the conditions below. Recommended Conditions 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "SUBDIVISION OF PROPERTY OF MCLAREN INVESTMENTS, LLC," dated June 22, 2020, and prepared by DKT Associates Land Surveyors. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When the property is developed,the residential dwellings constructed shall have architectural features, and appearance of like quality and character of the home depicted on page 6 of this Staff report entitled "ARCHITECTURAL EXHIBIT", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Said exterior building facade materials shall consist of a minimum of 90 percent bricks that are compatible with the surrounding development. 3. When the property is developed,the residential dwellings constructed shall vary in size and shape. 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. McLaren Investments, LLC Agenda Item 1 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through a careful mix of land uses and compatible infill development, site and building design that is visually interesting, encourages greater social interaction and provides a memorable character, improved mobility, and promote sustainability and responsive action to changes in our environment. Natural & Cultural Resources Impacts The site is located in the Southern River watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There are no known significant cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Flobert Drive No Data Available Existing Land Use Z—10 ADT Proposed Land Use 3—20 ADT 'Average Daily Trips 2 as defined by 1 single-family 3 as defined for 2 single-family 4 LOS=Level of Service dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Flobert Drive is considered a two-lane undivided local street. It is not included in the MTP and there is no OP slated for this area. Public Utility Impacts Water& Sewer The subject property is served by City water and sanitary sewer services. Public Outreach Information Planning Commission • Four 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 June 8, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020, and August 16, 2020. McLaren Investments, LLC Agenda Item 1 Page 4 • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020 and August 16, 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 August 12, 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 August 21, 2020. McLaren Investments, LLC Agenda Item 1 Page 5 Proposed Subdivision Plan 1170-10-7ew 14-16-19s 76-n-4W ��P1N(F) ? 'PiP6(F) -- In...,— awe. .. —.�».»' �. - too.ar .9 o., \\ V.`. PROS )E 0'4i PRO R /l/t '�,\. L�• E 000 I >� ("Se i LOTA k t LOT B v/ MOO ILE o S.F. //8 l SASS ACC ,, 'I. AdIE' , 8 DC NIXES f Y 1RUSJ 1rJ7 R J QQ C` S \ / / 11?t ROM-R/p,t7K-, 5711f v :I! i1t76-7t-6p7B ti M 20.51' -1 1525 : ... i / w i •.- i ) kt.S: - ,516 C` ` Wit. -1 ��\ -.....--1 \— / %J. i .,TO:, 1 - PIPE(F)ON UNe • PIN(F) , 100.00' 100p0' 0.5'Wm RW 2' '''' ' s �}- / 522'11'16V 20000' }'• .,/ ,,, ,,,, FLOBERT DRIVE(so'R/w) - (M.&.19.PG.Sill•, 4----__-_ - • McLaren Investments, LLC Agenda Item 1 Page 6 Proposed Dwelling Renderings . *Mill" 1, • -. - i. , -111 Sr'. .....— .,;Pit; I : ::: : • i**.fili'rift' t ' -' '''' ''Air i, •,rc i, �'"_ •try . .1 ma,. 111111!!!i, a. illr_ ,.- • it 21! ?Ike.. `. lt, i " ,� '...4-. 'Tye. } } it HN 'v\ . _% -_ _ it . i u� `... .(.ter., .1,.., , ...:....../ - ", x`_ - '�. v`,- `4•S`L, , Hilt "^� 'nt1 3r1 1 1 �,y �. . ' HIM .. rrr ,� nail Six s .•; �, ,. t�lirn `K • y�•f,. ' .. :,.. nn less q 1• ; McLaren Investments, LLC Agenda Item 1 Page 7 Site Photos • • _-,:- , , . , • . ,. . ... 113 4. -.- ... - .ts:,,, --.,-. . '- JI001104 ,,/...• '::-?: ''-':_:11.tf:'', . .t, • ,, ' ;" .., , . ;c.# , AL,. ,,., . -".". . -'''• 4101* ,,-, -- ....,• ,-. ...,• ...- ...„„ . — - c - . i'-:.... • : .''''''',- '"' 4., _,.-''..r.;„t .'AY - . - - ke lisit'' • .-1 ' ..*: ' r 1 .,. ----..__- _-_-_, IlalIK, - -,'ti:- l'''' . it, ii,...." • -gi: ...'..1." • , - ,-ar-,.. , -' .," ..,-1,0,-- ...-, - -- ..4.- , ' - ..•,---.........' : • --iiijimotia.... .- — —..--,..--;---.•-• •- - ---INggiC4. ,,,_ - ___, —- -"------------'-'-'-' - - -- — - - . '," .. .- --.-- - _. r ''•'...,:i 2-, ' „--,--— - ,- -- -- 4,... . . .y• , _... . . . , ;,,' ,--t;'-------- ---- - ' - .. ...... i. .,.,„ .,..• . „ 1 .,..„5::"'- . .. : I — 1ftL 44w—-,it r,..., -.1 -, . ... _. --- --_-_,- .......... „,„ .. . ----- _ _.............----- . ......-,-.„. - - ••.- - ....---, _,.. ..„•- . • - . -.4.4.- .. • -, ,ir _„,4•1/„., -. „- ,-, . .,,,,,-.,,,..-..,,, , . - • , „ , .,....,.., ..., ,A,....:', ..,:11111E.:).....' ... ,,,.:,,- ,. .,..k.,,c„.. .,, • - - McLaren Investments, LLC Agenda Item 1 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME McLaren Investments, 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 Exce tion for _ _ (EDIP) Changes Board of Zoning Encroachment Request Rezoning A eats — Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ' • • 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 ONtY/All disclosures must be updated two(2)weeks-pour to any Page I Of 7 Planning Commission and City Council meeting that pertains to the apnlicattonlsl. O APPLICANT NOTIFIED OF HEARING DATE Ea NO CHANGES AS OF DATE 08.12.2020 HD C] REVISIONS SUBMITTED DATE McLaren Investments, LLC Agenda Item 1 Page 9 Disclosure Statement Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. aCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: •10 k m c-l-A-r, I McLaren Investments, LLC If an LLC, list all member's names: John McLaren 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 z relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI 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: �rl✓QST>�2�a`.r _LLC If an LLC, list the member's names: Jo4, Page 2 of 7 McLaren Investments, LLC Agenda Item 1 Page 10 Disclosure Statement '‘&3 Virginia teach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 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 s 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 induce 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_ope_rated 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 McLaren Investments, LLC Agenda Item 1 Page 11 Disclosure Statement 1 Ai __ APPLICANT Virginia Beach YES NO SERVICE 1 ( PROVIDER(use additional shells If needed) tE ❑ Accounting and/or preparer of f7nc►t ( AC CQAd7 L— your tax return ® ❑ Architect/Landscape Architect/ Af_JJ [J Land Planner v`� c"'rr�_« 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) E ❑ Construction Contractors -Fluw-Q, (GnS fivcb7� ❑ Engineers/Surveyors/Agents D er �J.JaGtcc Financing(include current FL)fkr' 80-,L i mortgage holders and lenders ❑ selected or being considered to A-/-I -hc- Ur-it Zr1N. provide financing for acquisition 863?-7 OR or construction of the property) ' 0„)„..€_ (3.....,L. © ❑ Legal Services .J f tY4 11 4-/ �` C-/ Real Estate Brokers / ElAgents/Realtors for current and : IA- rM4� La r Lr-r{� - anticipated future sales of the Ai i1 /„/ ` subject property (�+1�^+f�L YCt� • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ El an interest in the subject land or any proposed development i 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 McLaren Investments, LLC Agenda Item 1 Page 12 Disclosure Statement Virginia Beach fERTIFICATION: 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. _ APPLICANT'S SIGN/AIIRE PRINT NAME DATE Page 5 of 7 McLaren Investments, LLC Agenda Item 1 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. McLaren Investments, LLC Agenda Item 1 Page 14 The verbatim of the July 8, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on August 25, 2020, again due to advertising error. Items # 1. McLaren Investments, LLC Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) 1129 Flobert Drive July 08, 2020 RECOMMENDED FOR APPROVAL- CONSENT Mr. Weiner: Thank you, Madam Chair. The next order of business is the Consent Agenda. These are the applications that are recommended for approval by the Staff and the Planning Commission concurred. And, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda, one, three and four. The Planning Commission also places the following applications for a Conditional Use Permit for Short- Term Rental on the Consent Agenda. And, they meet the applicable requirements for Section 241. 2 of the Zoning Ordinance. Staff and Planning Commission supports the applications and there are no speakers signed up to comment on items 11, 13, 15, 16, 17, and 18. Before I make a motion, I want to pause as Staff if there are any other speakers on these items. Mr. Landfair: There are no known speakers in opposition. Mr. Weiner: Great. Okay, I moved for the following items to be approved on the Consent Agenda 1, 3, 4, 11, 13, 15, 16, 17, and 18. Ms. Oliver: Do we have a second? Ms. Klein: I will second. Ms. Oliver: Thank you. Are there any other Planning Commissioners that needs to abstain from any of these items? Yes, Mr. Whitney. Mr. Graham: I am not going to abstain, but I do need to disclose that items 1, 15, 16, 17, and 18 have Towne Bank listed as the lender and I am on a Board at Towne Bank, but I do not have any financial interest in these and I will be voting. Ms. Oliver: Anyone else, Mr. Inman. 1 Mr. Inman: Yes, I need to disclose that, I am on the Advisory Board for Towne Bank, Virginia Beach. I do not have any interest in any of the applications. We do not make any decisions on loans and I will be voting. Ms. Oliver: Alright. We will go ahead and call for the vote please. Ms. Coleman: Okay. If you are in favor of the motion say, yes. And, if you are opposed please say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver: Ms. Oliver: Yes. Ms. Coleman: By recorded vote of ten, for and zero against the following items 1, 3, 4, 11, 13, 15, 16, 17, and 18, have been approved by consent. If you 2 had an application that was on the Consent Agenda, your requests will now be scheduled for an upcoming City Council Meeting. Staff will contact you about the date, so that others may attend in the chamber, please exit via the side door. If you are watching virtually you are free to exit or stay and watch. Thank you all for your participation. The next order of business is the Regular Agenda. Bill Landfair will introduce the first application. VOTE: AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE , Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "SUBDIVISION OF PROPERTY OF MCLAREN INVESTMENTS, LLC," dated June 22, 2020, and prepared by DKT Associates Land Surveyors. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character of the home depicted on page 6 of this Staff report entitled "ARCHITECTURAL EXHIBIT", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Said exterior building façade materials shall consist of a minimum of 90 percent bricks that are compatible with the surrounding development. 3. When the property is developed, the residential dwellings constructed shall vary in size and shape. 3 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. 4 Todd Scott 1121 Flobert Dr. Virginia Beach,VA 23464 -16-21) (Date) John McLaren 2005 Sunset Ct Virginia Beach,VA 23454 Dear Mr. McLaren, I am writing this letter to acknowledge that I support the improvements you are planning to the neighboring property of mine at 1129 Flobert Dr,Virginia Beach,VA 23464. I have reviewed the preliminary plans you have provided and support the subdivision of this lot into two parcels and the building of two new homes on the property. Sincerely, < Si nature 5—CV (Signature) { g } (Print Name) (Print Name) (Date) (Date) Robert Harlen& Beverly Bechtel /wee SA/044k I) /W rd 4 / M 444 1136 Flobert Dr. 114/ fet"Sil 7.; 061 Rif kil" Virginia Beach,VA 23464 AOk 5 6u , /J dj9 c5n! /� � (Date) �t •e>� /. (A ( — G �j /Ale< John McLaren / 'ra$5 bur //- ArnLYE Vi 4/ 7 4°15 2005 Sunset Ct o e . -1K i 0 *f/Q wL Virginia Beach,VA 23454 D Sig c I f c,:c /Mel da Z o d Dear Mr. McLaren, See aLt Aer 0,91. A.,,ce, pit. /'1 I am writing this letter to acknowl dge that I support the improvements you are planning to the neighboring property of mine at 1129 Flobert Dr,Virginia Beach,VA 23464. I have reviewed the preliminary plans you have provided and support the subdivision of this lot into two parcels and the building of two new homes on the property. Sincere) , (Signature) Q etiv (Signature) 'DS'" 7iLTh4i:int Name) 4:).e4er �ec `Te'( Print Name) 6/7.-A0 (Date) (Date) Deborah Parker Mcgowan 1122 Flobert Dr. Virginia Beach,VA 23464 — i (o -a(2'1O (Date) John McLaren 2005 Sunset Ct Virginia Beach,VA 23454 Dear Mr. McLaren, I am writing this letter to acknowledge that I support the improvements you are planning to the neighboring property of mine at 1129 Flobert Dr,Virginia Beach,VA 23464. I have reviewed the preliminary plans you have provided and support the subdivision of this lot into two parcels and the building of two new homes on the property. Sincerely, 1-2.0-P Rig1I !C'-ategna tu re ! -e_j 'a rocs,a/(yAPc Z(.,4P..rint Name) --/(47 ---c -C)-a (Date) Theodore 84aefine Williams 1132 Flobert Dr. Virginia Beach, VA 23464 a2a6(Date) John McLaren 2005 Sunset Ct Virginia Beach,VA 23454 Dear Mr. McLaren, I am writing this letter to acknowledge that I support the improvements you are planning to the neighboring property of mine at 1129 Flobert Dr,Virginia Beach,VA 23464. I have reviewed the preliminary plans you have provided and support the subdivision of this lot into two parcels and the building of two new homes on the property. Sincerely, _.. Z V L P-/ (Signature) (Signature) 7 eSiOP eJ ,//.n41 ' (Print Name) (Print Name) (Date) (Date) _-.- 1 � .�j�� • �.�,� _ ,.. I�� �, I CD .., . if;sp.. -#,. ::, e.,�.. ' 'Z $ MI Z r �J .., '"1'1.,,,,, ::',4-yea Q 14.,, c,,,,. .zr. co "c I' 1 0 N s to\ ii fil \ T" 1 ♦ 1 ,� N A V * 1 I CD o t ,'its ~ i� �• >*4 • 1,0 . , lk. \ 7 Wail I iiitilara-...WI \ n nno CU N L th #1 , co CL . /4,;:- ---l' 7 .0 ors \ th „ ,,,....„„; . 1 ib. 1,4• ,..... 1\ \ / 4 4t• ' in 1'41a.k Q 1 U tip a — , -.. f. ‘ . \ �� � N pr a co 7 :N° — o Q k e. - iT 1•0 ~ N Ilhibi % * ' am.►� :4,441-� 74 A/ N 1 O�r . / ,/ Oii 0---- ____IP:-,--.0..-- * * IIj cssi ' ' /.* , j /CCIi s tm • -)\ . /1, 4y/ .• ! N Ln o a 0 4p. a . or �0 9c, lI (9 •`, ��1// / cn d N a m r V• /1 . ! Q e ° 1L/ \ �� zes,c---- \ t� / ice, , C c, i 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ATRICE LEE RICHARD, JR., TRUSTEE OF THE ATRICE LEE RICHARD, JR. REVOCABLE LIVING TRUST [Applicant & Property Owner] Rezoning (AG-1 Agricultural District to I-1 Light Industrial District) & Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) for the property located at 2968 Holland Road (GPIN 14953347740000). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: August 25, 2020 • Background: The almost 24-acre property along Holland Road is zoned AG-1 and AG-2 Agricultural Districts. In 2006, a Conditional Use Permit for an Outdoor Recreational Facility (paintball) was approved for 2.98 acres of the site. The applicant proposes to subdivide the property into two lots and rezone a 2.50-acre portion, proposed Lot A, from AG-2 Agricultural District to I-1 Light Industrial District. Once rezoned, Lot A will be available for development consistent with allowed uses of the I-1 Light Industrial District. The paintball operation will continue on what is identified as proposed Lot B and will remain zoned AG-1 and AG-2. In the agricultural districts, the minimum lot size for a non-residential use is three acres and the minimum lot width is 150 feet. Due to the provisions of Section 200 of the Subdivision Regulations, much of the property that consists of wetlands, wet soils, and floodplains subject to special restrictions cannot be included in determining the allowable dwelling unit or lodging unit density, lot coverage, floor area ratio, minimum lot area, or minimum lot width requirements. Lot B, where the paintball operation will remain, is proposed with 21.3 acres and a lot width of 40 feet (requiring a Subdivision Variance); however; due to the presence of floodplains subject to special restrictions, technically the lot area is reduced to just 2.36 acres and the lot width to 38 feet. Based on this, the lot area falls below the three-acre minimum for a non-residential use and the lot width is also less than required with just 38 feet. Therefore, a Subdivision Variance to both lot area and lot width is requested for proposed Lot B. The proposed lot size of 2.50 acres for Lot A is less than the minimum three-acre requirement for non-residential uses in the agricultural districts; therefore, only residential uses would be permitted on that lot. However, the property lies in the greater than 75 dB noise zone and Accident Potential Zone 2 where residential uses are incompatible with the AICUZ. If the zoning of Lot A were to remain agriculturally-zoned, residential uses would be permitted as a matter of right on Lot Atrice Lee Richard, Jr. Page 2 of 4 A. Based on both the lot size deficiency and the AICUZ, Staff encouraged the applicant to rezone proposed Lot A to a district where only non-residential uses compatable with the AICUZ are permitted, which in turn also address the minimum lot size issue. As such, the rezoning application to I-1 Light Industrial District was submitted for proposed Lot A where both the minimum lot area (20,000 square feet) and lot width (100 feet) is achieved and greater compatibility with the AICUZ is ensured. ■ Considerations: The proposed configuration results in a more desirable layout for future development on Lot A, while still providing the limited frontage necessary for the paintball business on Lot B that does not require the type of expose along the road that other uses often desire. Due to the limited amount of impervious surfaces and structures and the general nature of the paintball activities, the facility is well suited at its current location away from residences and other businesses in the wooded and more environmentally sensitive portions of the property. The paintball site, which the applicant's representative indicated will ulitimately be sold to the operator if the variance is approved, is an ideal less environmentally impactful use than what could occur if that portion of the property was also rezoned and redeveloped with an industrial use. Furthermore, in 2006 when the Conditional Use Permit was pursued, the Navy deemed the paintball use in conformance with the terms of the existing Navy Restrictive Easement that encumbers that portion of the site. With regard to future development, the Special Economic Growth Area 3 (SEGA 3), of which this parcel is a part, portion of the Comprehensive Plan states that "accesses to London Bridge and Holland Roads should be kept to a minimum." As a result, Conditions 2, 3 and 4 of the Subdivision Variance are recommended to limit access to proposed Lots A and B to one point of ingress and egress along Holland Road. The Planning Commission did modify Condition 3 to clarify future vehicular ingress/egress along Holland Road for the two parcels. Access management of arterial roads such as Holland Road is important as multiple individual access points will decrease the safety and traffic capacity of a roadway. In this specific instance where it is not known when or if the newly created vacant Lot A will be developed, the condition permits the existing paintball park to continue using the existing access point on Holland Road until such time that Lot A is developed. It is likely that when Lot A is developed the desired vehicular access point will shift to align with the existing median opening along the Lot A frontage. At that point, an ingress/egress easement will be created on Lot A for the benefit of Lot B (the paintball property) so that both sites share a single access to Holland Road from Lot A and the existing access point on Lot B along Holland Road would be eliminated. The applicant is agreeable to this condition as worded. This change is reflected by underlined and strikethrough text below. The rezoning of proposed Lot A ensures that development of the property results in an AICUZ compatible non-residential use on a parcel that meets both lot area and lot width requirements. Furthermore, the Comprehensive Plan identifies this Atrice Lee Richard, Jr. Page 3 of 4 property as being located within the Special Economic Growth Area 3 (SEGA 3) — South Oceana, which specifically calls for no additional residential uses along this portion of Holland Road. The Plan states that the western portion of the SEGA is planned for non-residential uses to include a mix of light-industrial, low-rise office, and limited retail use. Therefore, the rezoning to light industrial eliminates the potential for an incompatible residential use on the site and that future uses of the property align with the vision of the Comprehensive Plan and by default with the property's AICUZ designation. The Planning Commission concurred with Staff's position that the overall application does comply with the guidance of the Comprehensive Plan for Special Economic Growth Area 3, provides protection to the environment features on the site, and complies with the AICUZ and terms of the Navy's Restrictive Easement. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. One letter of support from a nearby property owner was submitted to Staff. There is no known opposition to this request. ■ Recommendation: On July 8, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 10-0; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. 1. The property shall be subdivided as shown on the submitted plat exhibit entitled "Subdivision of 23.840 Acre Parcel Property of Atrice L. Richard", dated January 29, 2020, and prepared by WPL Site Design, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. Only one point of vehicular ingress/egress shall be permitted along Holland Road for the two parcels. The shared access may be established on either parcel; however, if relocated from Lot B, the existing access on Lot B shall be eliminated. 3. During site plan review, an ingress/egress easement shall be established to provide access to Holland Road as described above and a one-foot no ingress/egress easement shall be required along the entire length of Holland Road frontage other than a 60 foot width on Lot A across from the existing median break for a future access point, the width of the driveway for vehicular access for Lot B, and as permitted in Condition 4 below. During final plat recordation, an ingress/egress easement shall be established to provide other than the length of the driveway for vehicular access and as permitted in Condition 4 below. Atrice Lee Richard, Jr. Page 4 of 4 4. The access point that straddles the eastern property line for Lot B is for use only to maintain the drainage facilities located in the drainage easement that runs north along the property line. Lot B has no rights to use this access point. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. j1 (i4_.-, Submitting Department/Agency: Planning Departmenti City Manager: VPCO BApplicant and Property Owner Atrice Lee Richard, Jr., Agenda Items Trustee of the Atrice Lee Richard, Jr. Revocable Living Trust 2 & 3 Public Hearing August 25, 2020 Virginia Beach City Council Election District Princess Anne Requests #2 -Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) #3 - Rezoning (AG-2 Agricultural to I-1 Light ev ocstka� � Industrial) Qa4',,,pb , `coo' , Boule��d 1 p... Staff Recommendation B"`" ,gig •41?0 as Approval DarnNec --- w Road Staff Planner 1..,-2 2 , k Aubrey Trebilcock Location 2968 Holland Road Arks� GPIN 10 14953347740000 M,mos co Site Size / e eve 23.84 acres W. °„�o AICUZ Greater than 75 dB DNL; APZ-2 Watershed Southern Rivers Existing Land Use and Zoning District ^. Outdoor Recreational Facility (paintball)/AG-1 /"... & AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Undeveloped, marsh / I-1 Light Industrial, AG-1 , Agricultural South w �` ;, Holland Road :,� Religious Use, single-family dwellings/AG-2 4 'ti Agricultural f East 4 4.` a e`? * 4r %�Q ` Undeveloped/AG-1 &AG-2 Agricultural `ti ' Qi ' West Waste Management & City Garage Annex/ I-1 Light Industrial Office with bulk storage/ I-1 Light Industrial Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2 & 3 Page 1 Background & Summary of Proposal • The almost 24-acre property along Holland Road is zoned AG-1 and AG-2 Agricultural Districts. In 2006, a Conditional Use Permit for an Outdoor Recreational Facility (paintball) was approved for 2.98 acres of the site.The paintball business remains operational and is compatible with the AICUZ on the site. • The applicant proposes to subdivide the existing single parcel into two lots and rezone proposed Lot A from the existing AG-2 Agricultural District zoning to I-1 Light Industrial District.The paintball operation on proposed Lot B will remain on the agriculturally zoned property while the new 2.5-acre parcel (proposed Lot A)will be available for development consistent with allowed uses and Zoning Ordinance requirements of the I-1 District. Required in I-1 Zoning Proposed Lot A Lot Width in Feet 100 283 Lot Area in Square Feet 20,000 110,449 • In the AG-1 and AG-2 Agricultural Districts,the minimum lot size for a non-residential use is three acres and the minimum lot width is 150 feet.The property consists largely of wetlands,wet soils, and floodplains subject to special restrictions. Per Section 200 of the Subdivision Regulations, none of these areas can be included in determining the allowable dwelling unit or lodging unit density, lot coverage,floor area ratio, minimum lot area,or minimum lot width requirements. Lot B is proposed with 21.3 acres and a lot width of 40 feet(requiring a Subdivision Variance); however; due to the presence of floodplains subject to special restrictions,technically the lot area is reduced to 2.36 acres and the lot width to 38 feet. Based on this, a Subdivision Variance to both lot area and lot width is requested and as depicted in the table below. Required in AG Zoning Proposed Lot B Lot Width in Feet 150 38* Lot Area in Acres 3.00 2.36* *Subdivision Variance required. • There is an existing Navy Restrictive Use Easement that encumbers a portion of the site. As depicted on the submitted plan on page 8,this subdivision would allow proposed Lot A to exist entirely outside of the area impacted by the easement, leaving the majority of proposed Lot B within the area encumbered by the easement. Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2 &3 Page 2 Zoning History s., I -_ # Request ,+ / i cup(Sprint PCS)Approved 06/09/1998 i AAIL., u 2 CRZCRZ(AG-2 to Conditional 11)Approved 01/12/1999 -714- • MOD(Modification of Proffers)Approved 10/09/2012 3 CRZ(AG-2 to Conditional B-2)Approved 01/22/2013 :` 4 CRZ(AG-1&AG-2 to Conditional 11)Approved 01/09/2001 %�' MOD(Modification of Proffers)Approved 02/12/2002 } t' . r ' ' d i1 i 5 CRZ(Change of Zoning)Withdrawn before PC \ . -- = CUP(Paintball)Approved 04/26/2006 \ � � � �,. _ do 6 CRZ(AG-1&AG-2 to Conditional R-5S)Approved -"\ �'r 08/27/1998 AG-, u x -=- ii'A 7 CRZ(AG-2 to Conditional 0-1)Approved 03/11/2008 a�!1 • 8 CUP(Church)Approved 05/12/1992 b," /,. -.-- 0.: ,. i,dz ' ' CUP(Church Expansion)Approved 04/11/1995 MOD(Church Expansion)Approved 10/23/2007 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant plans to subdivide the approximately 24-acre parcel in order to create two lots.As noted above,the applicant proposes to rezone 2.5 acres(proposed Lot A)to I-1 Light Industrial District to allow for future nonresidential development on that site. Proposed Lot B will be substandard in both lot width and lot area due to the presence of wetlands and floodplains subject to special restrictions, which creates the need for the Subdivision Variance.The paintball operator hopes to purchase the rear of the property and continue to operate the paintball business that is permitted per an existing Conditional Use Permit. Under the current agricultural zoning, proposed Lot A would only be large enough to allow for a residential use and not a commercial or industrial use.The Comprehensive Plan identifies this property as being located within the Special Economic Growth Area 3 (SEGA 3)—South Oceana,which specifically calls for no additional residential uses along this portion of Holland Road.The Plan states that the western portion of the SEGA is planned for non-residential uses to include a mix of light-industrial, low-rise office,and limited retail use.Therefore, maintaining the existing agricultural zoning would allow a residential use on that site;therefore, Staff recommended that the applicant consider a rezoning of this parcel in order to address the goals of the Comprehensive Plan while also eliminating the potential for an incompatible residential use.The proposed industrial zoning on Lot A will ensure that future uses of the property will align with the vision of the Comprehensive Plan and by default with the property's AICUZ designation. The configuration of the two-lot subdivision provides proposed Lot A with ample frontage along Holland Road which is ideal for an industrial use while less important for the existing paintball operation. In fact, due to the nature of the paintball activities,the facility is better suited in wooded areas away from residences and other businesses and does not require the type of exposure from the right-of-way that other uses desire.The proposed configuration results in a more desirable layout for future development on Lot A, while providing the frontage necessary for the paintball business of proposed Lot B to continue functioning well. While industrial zoning of both proposed lots could be accomplished without the need for a Subdivision Variance and would be consistent with the Comprehensive Plan,with the transition of uses that have occurred over time in this area, maintaining the agricultural zoning on Lot B ensures a less intense use on the more environmentally fragile portion of the property.The paintball operation has very limited impervious surfaces and few structures;therefore, its location on Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2 &3 Page 3 on the more environmentally sensitive portions of the property exist is ideal and far less impactful than if the entire property was rezoned and developed with an industrial use. Solely with regard to proposed Lot B, due to the presence of wetlands and the floodplain subject to special restrictions, both a Subdivision Variance to lot area and lot width are requested.Section 9.3 of the Subdivision Regulations states that no variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property,and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The application notes that the existence of the Navy easement is a hardship due to the use limitations. In Staffs view, the terms of the easement have no bearing on the ability to meet the requirements of the Subdivision Regulations or the Zoning Ordinance.The presence of wetlands and floodplain subject to special restrictions was also indicated to be a hardship to meeting the dimensional requirements of the Zoning Ordinance.At the time the property owner purchased this site,these standards were not excluded from lot area and lot width calculations so one could contend that the changes have impacted the property. Within the context of the surrounding area, however;the request as a whole would be unlikely to have a detrimental effect upon adjacent property or the character of the area. One letter of support from a nearby property owner has been submitted to Staff.The current outdoor recreational use was reviewed by the Navy for conformance with the Navy Restrictive Easement when the Conditional Use Permit was pursued in 2006.This use will continue to occupy proposed Lot B and the operator of that business hopes to purchase this land if the variance is approved.The low intensity of the paintball operation does serve to protect the environmental features of the site while being consistent with the terms of the easement.Any future redevelopment or use on proposed Lot B would remain limited due to the terms of the easement. With regard to future development,the Special Economic Growth Area 3 (SEGA 3), of which this parcel is a part, portion of the Comprehensive Plan states that"accesses to London Bridge and Holland Roads should be kept to a minimum." As a result, Staff recommends Conditions 2, 3 and 4 for the Subdivision Variance application to limit access to proposed Lots A and B to one point of ingress and egress along Holland Road. When parcels along Holland Road redevelop over time and potentially subdivide without limitations regarding the number of access point,the potential safety and capacity problems increases with the number of new access points. In Staffs view it is better,therefore,to consolidate access points where possible to protect the arterial function of Holland Road and the vehicular passengers upon it. In Staffs view,the overall application does comply with the guidance of the Comprehensive Plan for Special Economic Growth Area 3, provides protection to the environment features on the site, and complies with the AICUZ and terms of the Navy's Restrictive Easement.Therefore,Staff supports the rezoning and recommends approval of the Subdivision Variance subject to the conditions provided below. Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2&3 Page 4 Recommended Conditions 1. The property shall be subdivided as shown on the submitted plat exhibit entitled "Subdivision of 23.840 Acre Parcel Property of Atrice L. Richard", dated January 29, 2020, and prepared by WPL Site Design, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. Only one point of vehicular ingress/egress shall be permitted along Holland Road for the two parcels.The shared access may be established on either parcel; however, if relocated from Lot B, the existing access on Lot B shall be eliminated. 3. During site plan review, an ingress/egress easement shall be established to provide access to Holland Road as described above and a one-foot no ingress/egress easement shall be required along the entire length of Holland Road frontage other than a 60 foot width on Lot A across from the existing median break for a future access point or the width of the driveway for vehicular access for Lot B, and as permitted in Condition 4 below. Road frontage other than the length of the driveway for vehicular access and as permitted in Condition below. 4. The access point that straddles the eastern property line for Lot B is for use only to maintain the drainage facilities located in the drainage easement that runs north along the property line. Lot B has no rights to use this access point. 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. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within Special Economic Growth Area 3—South Oceana. This is a large area of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. To varying degrees, portions of this area are impacted by high noise zones, accident potential zones, and Navy restrictive easements. Floodplain and other environmental constraints affect the western region of this area south of Dam Neck Road. All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. Every effort should be made, where feasible, to consolidate parcels to achieve a more unified development pattern. Accesses to London Bridge and Holland Roads should be kept to a minimum. No additional residential uses are recommended for any part of this area. The western region of this area is planned for non-residential uses to include a mix of light-industrial, low-rise office, and limited retail use. This is viewed as a special area with significant economic value and growth potential.The City supports development and redevelopment of this area consistent with AICUZ provisions and the City's economic growth strategy. Trustee of the Atrice Lee Richard, Jr. Revocable Living Trust Agenda Items 2 & 3 Page 5 Natural & Cultural Resources Impacts The site is in the Southern Rivers watershed.There are floodplains subject to special restriction and wetlands which, when combined, occupy 18.9 acres of the subject property.These 18.9 would be entirely within the boundaries of Lot B. The exhibit on Page 12 of this report shows the area covered by the floodplains subject to special restriction. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 18,400 ADT(2019) 32,700 ADT' LOS°"D„ Existing Land Use Z-No Data available ) Proposed Land Use 3-No Data Available 'Average Daily Trips 2 no trip generation data 3 No change anticipated in °LOS=Level of Service available for the existing generated traffic until Lot A is paintball land use. rezoned. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road is considered a four-lane divided major arterial. There are no roadway improvements scheduled for this portion of Holland Road. Public Utility Impacts Water City water is available. Sewer City sanitary sewer is available. Public Outreach Information Planning Commission • One letter of support has been submitted to Staff. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2 & 3 Page 6 City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020 and August 16, 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 August 12, 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 August 21, 2020. Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2 &3 Page 7 Proposed Subdivision Plat r -1 I I I I I .....----x. ......;,- 1 r lo �1 I L O 1 - e gif 1-- I I Li_. Li, 111 w I 0 I m4V h , 1 ` \\ o A `y'I Cl) I 1 k / ., \ ."1 W r 1 1 � '_�� I , 11 a i i IP i t !I i: I I i1 ht ' ,O I )4 /‘,__,----• \.41 le ini. 1---.- i 11 I ''Cirl).‘ k I r r i f ' , �a ' I 111\ I 1., I, 4alt...\\ I (ti .4%. I (I 4 h. I I' 9 L I� J Trustee of the Atrice Lee Richard, Jr. Revocable Living Trust Agenda Items 2 & 3 Page 8 Proposed Subdivision Plat Sheet 3 S 10 1 111A6 JCS 3N/7 HOI VAN I f i ,' At 40 00 E. tlFyy a aj.) b,... pFt a.. `O Z J 6 6 h [ayyaa�1 w¢ o o b 6„ i S 4t =x / T. ..k. I 9 t t :.: ..,e, , ..... a „Ili R it I, Ili ei 1,,,,' 14. / - f $i it p , x -Ivo.• ...ma. N „,_ ._. IS XI' M6 N _• / 1\ L. 41 a N .W$ C. 1 3.&.IiS S \ N. /\ .c�. Z F \ l -4 ' rt � �- { l\ It I 4 .54: *k l'I-1 ti r,' /' ,... i IV .�ti �$ ' 1 1 44 s Oa: .4 �l § l 1 R l I S Ix 1 I 1 •� 1 I 1 'Sr%Ne,...04\ i 1i!,i., J gi I \\%. 1 ^ ..ram t ROAD,. I tiot.a - - ( 321.6'. ir Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2&3 Page 9 Proposed Subdivision Plat Sheet 4 bi I 'LI\ hiS .. �,� V V g a -e!k. o f f Qti 2 i g .....30\ tSZt • 0 NtYlt' _ 3 s: 4 al /. '. .2. e.'-'-' 8 Lie . I jt I ° 6. �� F M 0 r 1t ll ' 1113 f 'Pi -.a h - ill l£ I 3er i I=l##R le - to Ee br . p / ill gX �} a N.7 I I Nt i / ` V i \ i I , V 1#11 11 bi ....r.... -----__ -7--- -..:"ice rJOru.44sur 3Nn7 HO1 WI Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2 &3 Page 10 Proposed Subdivision Plat Sheet 5 1#Ifr ' I i i s oz' Jr' o'-'4 i ill ' s I i: 1 i.• ' it I Ri I t � I yI ga Ir 'f RI .I11 A li 1 :r 6:1 1 "I K t l 1' 5 k II h8Ir I II f I rel: .I Mi I / I ' g .C..V...sa;\ Z ass h �\ ti.x• I Jil gi \ = I 2 let \ _ .1 q 0. I C tt 1 h M�' / / Is r•g gas art t_? ply I 2f;k Q IIIX II `glg • Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2 & 3 Page 11 Proposed Site Layout i r � 1 • • 1 • � I �'� 1 ,7" 00 1 1 I I I I I I I I I I I I I Lot B 1 AG-2 Zoning I I 2.36 acres I I I I I I 1 I I I I Lot A 1 4..... Driveway for kl\tt.. Proposed I-1 , I Ingress/Egress 1. Zoning 1 i 2.5 acres kS.. t\------ -lr'r7 -4 r 1 H olland Road 1 di Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2 &3 Page 12 Floodplains Subject to Special Restrictions O 18.9 acres in Floodplain Subject to Special Restriction (purple) �� 0 \t 6 4.7040000,0 • HoI✓Iand c0 03 , /-7/ Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2 &3 Page 13 Navy Easement Compliance Review :' �►t.,�': DEPARTMENT OF THE NAVY ` PuVA. AV STrrti O?_Mel TCY:AS bit rrAiq .1nc .t tra.oi V147MA r$ai)27h A Nov K/N N aer 1Plash Parch 23, 2006 Me. Carolyn A. K. Smith City of Virginia leach Dope/team of Planning Utualcipal Center, Building 2, itocm 2405 Courthouse Drive Virginia *each. Virginia 234SC•11040 Dear Ks. Smith: Thank you for the opportunity to review sad comment on the Conditional Dee Pezalt Application forwarded by your Planning Commission Routing Slip dated Deoeaber 23. 200S (routed January 20. 20041 concerning an outdoor recreation facility. A Raul estate Contracting Officer at the Naval r•cilitiew itrglnaering Command. sold-Atlantic, has completed a thorasgh review of the proposed Conditional Use Permit Application and attacwwnta. t have reviewed and support the ettaeP.edd copy of the Review and Findings. which has determined that chi proposed use ct the property tot two paintball fields for non-epeetetor recreation is foetid to be in compliance and therefore allowed. as long as. Ill there err so retails *oleo. except as an auxiliary function of enterprises peaaitteds (2) the sit* will not alloy aanufsatvrielg. storage. handling or distribution of explosives. Petroohesicais Or petrotrun and related products, except that nothing herein shall prohibit the storage end handling of petrocitaselcals, petroleum and related products incidental to the urns not prohibited in the earanant; not prohibited is the easement, (1) there are no syectstnr• and (4) does not exceed the height rest:ict:on♦ of the easement If there arc any questions. please contact lire. Patty Hankins at 444- 3344. ext 314. Sincerely. tr. in, V. O. Nary inc Ottice: Enclosure: Real t'e:ato Contracting Officer's Review and Fladings Copy toe C Nxtvx.`9a I':1DLA1 XAi7AC XT'_LAN7 (Codes. AJt P. Ft:112 C BX.iES; Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2 & 3 Page 14 Site Photos - ..tit,,,. -- i. .Y 5• e} "t may` • .. '� � "... -cam'_ I t ♦ s 1r it, fro 4 — • . fr .. 0 ,yam.„- ..:`.— - - -'q. _ n W ✓ •.:. • s ss r r . Fr ..--- _r`z-'7,.tIr'. yi/'.", to �t - s . .7, .. t•l'. Trustee of the Atrice Lee Richard, Jr. Revocable Living Trust Agenda Items 2 & 3 Page 15 Site Photos ')1 ` ` I3 ! X�`ty, pppppp\ki ! • 'I I, it � ' it it 4 1 ii r • t' 1, j a } f`' 4. • ' •1 dr 'i,Sirs { iii r.. 1 p a ; -- ;7/*/. S. , -• , e. / _1 4,,, , ..,,,,,!.. ..... „, .. , .„...: ,...„ , ,. .,,..:.4, .. . . ,. ... ., . .. , ,„----_,.:-..„‘„,‘...k,t....st,„v„iti,,,il'i\-1).',„.ir'L,),. 1,1irtitTit,.,' .. . , . ,,,....k. .,..F .• • • . '. it � .tit . ■= _ .fir •�' .W. ' _ �.`:, • rn` • Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2 &3 Page 16 Disclosure Statement . VB %Vidalia limb APPLICANT'S NAME Alice Lee Rchard Jr Revocable Lvvng Trust DISCLOSURE STATEMENT FORM f he 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 followings: Acquisition of Property Disposition of City IIOcatiotl of F Property Conditions Conditions or Proffers Alternative Economic biviilopmtM `Nonconforming Use Contpliance Special Investment Program Changes Exception for 1[LDIP1 _FBoard of Toning f nc, dM tet Request •Rezoning Appeals Certificate of Flo{bplain Variants Appropriateness Street Closure (Historic Review Board) Franchise Aleratrrient Chesapeake Bay Preservation Area —I jtrlase ofClt+lr sropertt SubdiviaiOA Yaf111110 t Board _ ._ Conditional Use Permit License Agreement ' wetlands BOWd 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 eaMisriiivatrir!.` 'iirici ei..'i%<.crtotot*s,;>*Aitruemtiariv P.a =44,10"10w ire Oh t esaec4 MIWIrst tajOixtAllavt ' - [xi 40'OCArMr litilsit40f N[Aso4 ors 7/10 30 rilc }!OD CPRIPOZt As Ci► De* /1010 08.13.2020 AT Li mom f11Rer= rviivt Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2&3 Page 17 Disclosure Statement • %Irmo ® Check here if the APPLICANT IS NOT a corporation, partnership, furl:, busines3,or other unineorpbreted Organization. Chtt[fc here if the APPLICANT a a rcirpnratinn partnership. firm, hineness, t}r other unincorporated organization, (Ail Met the Applicant's lame:Aimee Lee Rtottard,Jr.Revocable Living Trust If an LLC,cast*41 member's wits If a C7PC1IA1ION,list the the names of afi officers,directors. rnembers, trustees, etc below (Attach JUST if tteces,:i yt (B) I air the Wilmette.;that ha e a parent s►ebsidary or affiliated business entitle` telationslr=p with the Arolicar.t sArrach bs1 tJ itr tessary) See next pie for irilefith ort p*Ijk.Ong tci toot+riorei1 and SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if pro,aet'ttr or*nee is Mlrerent Iron Artifice'''. © Check here rf the PROPERTY OWNER IS NOT a corptarahon,partnership, firth. business,or other u,Inrcirp::rated organization. EjChock here tr the PRQPER t 1'OWN LB ff a corporation,partnership,firm, business,or other unlncorporared organization,AND I�,r complete the following. (A) List the Property Owner's name __ _-- If an kLC,fist the member's names: u.a.' Trustee of the Atrice Lee Richard, Jr. Revocable Living Trust Agenda Items 2 & 3 Page 18 Disclosure Statement NIB Rtv:Ii rf a Gorparatran,list the names ofall officers,directors. rnrrr ,s. t,usteea. ,etc below. (Artach Mar r`f nter atarv. 4P) I true businesses that have a parent-subsidiary 1 or affikated business entity 2 relationship with the Property Ow11et f4noc !fig!f forcessary) s"Parent•Suht.dtary trtattortthrp' frown% 'a rulalthezhtt:ehil fronts .tNn ens tolpotxun deecd$ of indite ty owns shares posstsstng moor thee 5.0 promise tlr tattng meow c(uhrth.t tap:rein ' Sae Mute ar►a Local Copretnneaa Conflict or Interests Act.va Code tj 7 1 3101 "ANliated bi,iip entity nrithatfhge naam '• r,lattt ahtp !Atwt that ineurn.subeidiary retnionship that etcc>:s when iI)one bustnesa!OW,/t►es a!nntrvung nwrteraPl i irkot.st to the Wirt tininess emt e,lip a ccsirvWiea owner el one tonne is also a ecnudurg ogler n she other emus%or Ill the. io shined management or control between die business emMies. factors Mat Magid be (Insidered et dtttnm*rlrq rho.wtenc.d.o diehard bur;iras entiea meni onshit Oda&that the sane person or sutv.i rmidir tl+e area!proem aim of +rrttpP Ow hoe*What ihsrr ir.carman of commingled fends or assets:the `eriness!+react!hate on Ya• r'flip heart Ohm pr inoenwa or athetsMse share actIrit.es, resources or persoanet on i reguri' l.'.;s: or there is aWernine a de!! martin,r.ladfarihlp rsireeenn the entities' Sae Stale rd to:al C:.'enrmem Conflict of Interests Act. Vs Code$ 271101 • SECTION 3. SERVICES DISCLOSURE Are amr of eht? folkawttig services being provided in connection with the lubiect of the appilcafipn or KW business pomading or to be operated on the Prr000erty tf the answer -o are Ian• is YE§, pleas identify the firm or Individual providing the sltrvlcre: IF THE t.:itt:tick ANO APPLICANT AWE DiFFERFN1, SACK MUST T COMFIER THE SECTION 5 RnrELY Pep 3d7 Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2 & 3 Page 19 Disclosure Statement • ISSIB APPLICANT virateza & YES Nol I SLIWICL I [ PROVIDER I I . sum s I J ❑ ® Accounting and/or prepares'of your tail return ❑ IXI Architect/landscape Architect I Rend Monies, Contract t rcnaser Of Qi I�inf FeePeillirilPart,irc ® qti- triunity purchaser and purchaser's servnce providers f Any other pending or proposed A` purchaser al(identify purchaserriis)bject nparts and purchaser's service providers) [il _ ... ,„.. tonstrutt1Qn Contractors Engineers/Surveyors/tents L riven,ing iintIude current 4 nx,rtyegr hurtdrrs and lenders dr %Ply%Ird ur hying tunsidered to provide finenc keg for acquisition or canttruttion of the property) [21 Q Lops;SierViLIS S}yes.$otedort.Ahem&Lair,P.C. Real Estate Brokers J ii ® AVeMS/Realtors For Current and anticipated future sales of the suit s ► SECTION 4. KNOWN INTEREST BY PURI IC OFFICIAL OR EMPLOYEE YE S NO Does an official or employee of the City of Virginia Itoarh have CI 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 whoa is the natty r c i Vie interest? PAS.,.. 4 .11 Trustee of the Atrice Lee Richard, Jr. Revocable Living Trust Agenda Items 2 & 3 Page 20 Disclosure Statement NB '1.irr:-,.1 It1'.Irk CERTWICATI(M I certify that all of the mformator rornained in this Ui r. chre Maternent torn)i. complete.true. and accurate I understand that. upon receipt of n tifitat+an that the application t•,as tx-s-I zc+teduled For public hearing, I am responsible fur updating the information prov:dtd herein two wu*cs prior to the PI. nning Conrn iissian, Comma, VRDA retorting;or tnt.tltnQ of airy bilk body or committee In connactk n with thic ApQzeztion. ` 3 7 Atrice Lac Richard,Jr tom+ . J ' ! 4 !SrC�itnsut� ''t, NAME ._DATE __ Trustee of the Atrice Lee Richard, Jr. Revocable Living Trust Agenda Items 2 & 3 Page 21 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. Trustee of the Atrice Lee Richard,Jr. Revocable Living Trust Agenda Items 2&3 Page 22 Items#6. Atrice Lee Richard,Jr. Subdivision Variance 2968 Holland Road June 10,2020 DEFERRED TO JULY 8, 2020 MEETING Mr. Landfair: Thank you Ms. Oliver, to ensure this live electronic public hearing is successful. Please note, the following meeting order of agenda and instructions will be followed. The order of business will be as follows,withdrawal and deferred agenda items. First is the consideration of requests to withdraw or defer an item. If you signed up to speak, you will be called upon following the applicant's request to withdrawal or defer the item. However, please speak only to the matter of the withdrawal or the deferral and not to the merits of the item. Consent Agenda Items, these are items that the Planning Commission looks upon favorably and there are no speakers signed up to comment. Consent Items will be voted upon as a block and will not be brought up again for further consideration by the Planning Commission. Last are the Regular Agenda Items. These items will proceed in the following manner. A. Statements by the applicant or applicant's representative, followed by questions from the Planning Commission by raising their virtual hand. C. Statements by any registered speakers followed by questions from the Planning Commission by raising their virtual hand. D. Rebuttal by the applicant or applicant's representative, followed by questions from the Planning Commission if desired, by raising their virtual hand. F. Deliberation of the application by the Planning Commission by raising their virtual hand and G.Voting on the application by a verbal vote when recognized by staff It is important that the planning commissioners hold their comments until recognized and to pause for three seconds after being recognized in order for staff to unmute you. Also, it is helpful for commissioners to ask all questions at once and by stating you will stand by for responses. This helps to ensure that all of your questions are answered before moving on to the next Planning Commissioner. During Planning Commission's deliberation,there will be no further public comment,unless a question is asked by the Commission. Staff will attempt to facilitate real time citizen participation and comments in the public hearing for those citizens who have registered. Planning Commission Policy provides 10 minutes for the applicant to present the request and all other speakers are limited to three minutes each. If you are the representative of a group, you are allowed 10 minutes to speak. Staff will be timing presentations. Please be advised that staff will mute you when your time expires. Madam Chair and Planning Commissioners, there are six speakers registered for today's public hearing during the regular agenda for Items 24 and 25. Those who have registered 1 with staff to speak on the agenda item will be called in the order in which they registered. Speakers will have up to three minutes to make their comments or 10 minutes if representing a group. If the speaker does not respond or if a technical issue occurs,which renders the comments unintelligible,the next registered speaker will be called upon. Following each speaker's comments, the Planning Commission will be asked if there are any questions of the speaker,and if so,please indicate Yes, by raising your virtual hand. Speakers please mute any additional devices you have in the room to avoid any unnecessary background noise and or the possibility of echoing and reverberation. Please, note that once your name is called you should wait three seconds to ensure the Planning Commission hears your complete remarks. Please begin your comments by identifying yourself. Also, do not ask "can you hear me" as only one feed is open at a time to minimize the echo reverberation, and as such, you will be unable to hear a response. Once public comment is complete, the floor will be open for Planning Commission discussion and ultimate vote. At the conclusion of the public hearing, the chair will adjourn the public hearing. Please note that the actions taken by the Commission today are in the form of a recommendation to the Virginia Beach City Council. The final decision to approve or disapprove an application will be made by the City Council. The Commission thanks you for your attendance and we hope that the experience here today leaves you feeling that you have been heard and treated fairly. Madam Chair and members of the Planning Commission, are there any questions about the process? Or does the Planning Director have additional comments? If so, please raise your virtual hand to be recognized. I will note that Mr. Redmond has now joined the group. Also, I would like to remind the Planning Commissioners to unmute their cameras,if they wish to be saying. Say no more hands raised,we will now move on to the Agenda. Madam Chair, there are no items requesting to withdraw. So, we will move on to the two applications requesting to be deferred. Agenda Items six and twelve. The first application is Agenda Item six, the application of a Truce Lee Richard Jr., trustee of the Truce Lee Richard Jr. revocable living trust for a subdivision variants to Section 4.4-A of the subdivision regulations for the property located at 2968, Holland Road, Princess Anne District. The applicants representative, Mr. Eddie Bourdon has signed up to speak, Mr. Bourdon the floor is now yours. Please pause for three seconds before speaking. Mr. Bourdon: Madam Chair for the record Eddie Bourdon Virginia Beach Attorney representing the applicant. The staff has requested that we make a modification of this application which we are in agreement with and my understanding, it will be on next month's Agenda, we appreciate the Commission deferring the matter today. Mr. Landfair: Ms. Oliver you have the floor to open it up for Planning Commission if they have any questions for Mr. Bourdon. 2 Ms. Oliver: I will open up the floor,if there are any questions or comments regarding the request for deferral to July 8, please raise your virtual hand if you have a comment or a motion and staff will recognize you. Mr. Landfair: The second application requesting deferral is Agenda Item 12 application of Atlantic Development Associates, a conditional use permit for a Short Term Rental for the property located at 112-B, 56th Street, Lynnhaven District. The applicant's representative, Mr. Eddie Bourdon has signed up to speak. Mr. Bourdon the floor is now yours. Please pause for three seconds before speaking. Mr. Bourdon: Again, Madam Chair for the record Eddie Bourdon, Virginia Beach Attorney representing the application. The subject unit has been sold and the purchaser when they contract it to buy it, agreed, it was already in play, the application have been filed that they wanted to do the Short Term Rental as well. They have since had second thoughts. So,we are doing indefinite deferral on this application, they are a party by their contract and by the documents to the other application. But, this one we are deferring until they determine whether they want to pursue the use permit or not. So it is an indefinite deferral it may or may not come back. Mr. Landfair: Ms. Oliver you have the floor to open it up for Planning Commission, if they have any questions of the applicant, or if they would like to make a motion. Ms. Oliver: Thank you. I will open the floor up if there are any questions or comments regarding the request for the deferral or if there is a motion. Please raise your virtual hand and staff will recognize you now. Mr. Landfair: Commissioner Weiner your mic is open. Mr. Weiner: Oh. Yes,Madam Chair, I would move that that we refer Item six, and I believe that was until the June 24, meeting and Item 12 indefinite deferral. Mr. Tajan: To clarify Mr. Wiener the Item number six is differed to the July 8, meeting. Mr. Landfair: Madam Chair, staff opens the mic to you to call for a second. Ms. Oliver: Right, thank you. Do I have a second please? Mr. Landfair: Commissioner Inman your mic is now open. Mr. Inman: I second the motion. Mr. Landfair: Hearing a second, a motion to defer applications six and 12, as noted, have been made by Commissioner Weiner and seconded by Commissioner Inman. Are there 3 any Planning Commissioners abstaining on these items to be deferred at this time, please raise your virtual hand for staff to recognize you, so that you may provide an explanation for your abstention. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please remember to pause after your name is called before speaking. Mr. Landfair: Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Mr. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against Item 6 and 12 have been differed as noted. Item 6 will be differed until the July 8, hearing and Item 12 is indefinitely defer. Mr. Landfair: Before we proceed, I would like to make a point of clarification. Previously, I had stated that there are six speakers registered for today's public hearing during the 4 regular agenda. And I cited two Items 24 and 25. It is actually for Items 9, 22, 23, 24, 25 and 30. Thank you. Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19,20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 5 Items#6. Atrice Lee Richard,Jr. Subdivision Variance 2968 Holland Road June 10,2020 DEFERRED TO JULY 8,2020 MEETING Mr. Landfair: Thank you Ms. Oliver, to ensure this live electronic public hearing is successful. Please note, the following meeting order of agenda and instructions will be followed. The order of business will be as follows,withdrawal and deferred agenda items. First is the consideration of requests to withdraw or defer an item. If you signed up to speak, you will be called upon following the applicant's request to withdrawal or defer the item. However, please speak only to the matter of the withdrawal or the deferral and not to the merits of the item. Consent Agenda Items, these are items that the Planning Commission looks upon favorably and there are no speakers signed up to comment. Consent Items will be voted upon as a block and will not be brought up again for further consideration by the Planning Commission. Last are the Regular Agenda Items. These items will proceed in the following manner. A. Statements by the applicant or applicant's representative, followed by questions from the Planning Commission by raising their virtual hand. C. Statements by any registered speakers followed by questions from the Planning Commission by raising their virtual hand. D. Rebuttal by the applicant or applicant's representative, followed by questions from the Planning Commission if desired, by raising their virtual hand. F. Deliberation of the application by the Planning Commission by raising their virtual hand and G.Voting on the application by a verbal vote when recognized by staff It is important that the planning commissioners hold their comments until recognized and to pause for three seconds after being recognized in order for staff to unmute you. Also, it is helpful for commissioners to ask all questions at once and by stating you will stand by for responses. This helps to ensure that all of your questions are answered before moving on to the next Planning Commissioner. During Planning Commission's deliberation,there will be no further public comment,unless a question is asked by the Commission. Staff will attempt to facilitate real time citizen participation and comments in the public hearing for those citizens who have registered. Planning Commission Policy provides 10 minutes for the applicant to present the request and all other speakers are limited to three minutes each. If you are the representative of a group, you are allowed 10 minutes to speak. Staff will be timing presentations. Please be advised that staff will mute you when your time expires. Madam Chair and Planning Commissioners, there are six speakers registered for today's public hearing during the regular agenda for Items 24 and 25. Those who have registered 1 with staff to speak on the agenda item will be called in the order in which they registered. Speakers will have up to three minutes to make their comments or 10 minutes if representing a group. If the speaker does not respond or if a technical issue occurs,which renders the comments unintelligible,the next registered speaker will be called upon. Following each speaker's comments, the Planning Commission will be asked if there are any questions of the speaker, and if so,please indicate Yes, by raising your virtual hand. Speakers please mute any additional devices you have in the room to avoid any unnecessary background noise and or the possibility of echoing and reverberation. Please, note that once your name is called you should wait three seconds to ensure the Planning Commission hears your complete remarks. Please begin your comments by identifying yourself. Also, do not ask"can you hear me" as only one feed is open at a time to minimize the echo reverberation, and as such, you will be unable to hear a response. Once public comment is complete, the floor will be open for Planning Commission discussion and ultimate vote. At the conclusion of the public hearing, the chair will adjourn the public hearing. Please note that the actions taken by the Commission today are in the form of a recommendation to the Virginia Beach City Council. The final decision to approve or disapprove an application will be made by the City Council. The Commission thanks you for your attendance and we hope that the experience here today leaves you feeling that you have been heard and treated fairly. Madam Chair and members of the Planning Commission, are there any questions about the process? Or does the Planning Director have additional comments? If so, please raise your virtual hand to be recognized. I will note that Mr. Redmond has now joined the group. Also, I would like to remind the Planning Commissioners to unmute their cameras, if they wish to be saying. Say no more hands raised, we will now move on to the Agenda. Madam Chair, there are no items requesting to withdraw. So, we will move on to the two applications requesting to be deferred. Agenda Items six and twelve. The first application is Agenda Item six, the application of a Truce Lee Richard Jr., trustee of the Truce Lee Richard Jr. revocable living trust for a subdivision variants to Section 4.4-A of the subdivision regulations for the property located at 2968, Holland Road, Princess Anne District. The applicants representative, Mr. Eddie Bourdon has signed up to speak, Mr. Bourdon the floor is now yours. Please pause for three seconds before speaking. Mr. Bourdon: Madam Chair for the record Eddie Bourdon Virginia Beach Attorney representing the applicant. The staff has requested that we make a modification of this application which we are in agreement with and my understanding, it will be on next month's Agenda, we appreciate the Commission deferring the matter today. Mr. Landfair: Ms. Oliver you have the floor to open it up for Planning Commission if they have any questions for Mr. Bourdon. 2 Ms. Oliver: I will open up the floor,if there are any questions or comments regarding the request for deferral to July 8, please raise your virtual hand if you have a comment or a motion and staff will recognize you. Mr. Landfair: The second application requesting deferral is Agenda Item 12 application of Atlantic Development Associates, a conditional use permit for a Short Term Rental for the property located at 112-B, 56th Street, Lynnhaven District. The applicant's representative, Mr. Eddie Bourdon has signed up to speak. Mr. Bourdon the floor is now yours. Please pause for three seconds before speaking. Mr. Bourdon: Again, Madam Chair for the record Eddie Bourdon, Virginia Beach Attorney representing the application. The subject unit has been sold and the purchaser when they contract it to buy it, agreed, it was already in play, the application have been filed that they wanted to do the Short Term Rental as well. They have since had second thoughts. So, we are doing indefinite deferral on this application, they are a party by their contract and by the documents to the other application. But, this one we are deferring until they determine whether they want to pursue the use permit or not. So it is an indefinite deferral it may or may not come back. Mr. Landfair: Ms. Oliver you have the floor to open it up for Planning Commission, if they have any questions of the applicant, or if they would like to make a motion. Ms. Oliver: Thank you. I will open the floor up if there are any questions or comments regarding the request for the deferral or if there is a motion. Please raise your virtual hand and staff will recognize you now. Mr. Landfair: Commissioner Weiner your mic is open. Mr. Weiner: Oh. Yes, Madam Chair, I would move that that we refer Item six, and I believe that was until the June 24, meeting and Item 12 indefinite deferral. Mr. Tajan: To clarify Mr. Wiener the Item number six is differed to the July 8, meeting. Mr. Landfair: Madam Chair, staff opens the mic to you to call for a second. Ms. Oliver: Right, thank you. Do I have a second please? Mr. Landfair: Commissioner Inman your mic is now open. Mr. Inman: I second the motion. Mr. Landfair: Hearing a second, a motion to defer applications six and 12, as noted, have been made by Commissioner Weiner and seconded by Commissioner Inman. Are there 3 any Planning Commissioners abstaining on these items to be deferred at this time, please raise your virtual hand for staff to recognize you, so that you may provide an explanation for your abstention. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please remember to pause after your name is called before speaking. Mr. Landfair: Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Mr. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against Item 6 and 12 have been differed as noted. Item 6 will be differed until the July 8, hearing and Item 12 is indefinitely defer. Mr. Landfair: Before we proceed, I would like to make a point of clarification. Previously, I had stated that there are six speakers registered for today's public hearing during the 4 regular agenda. And I cited two Items 24 and 25. It is actually for Items 9, 22, 23, 24, 25 and 30. Thank you. Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1, 2,3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 5 Aubrey A. Trebilcock From: lindaproffitt@peoplepc.com Sent: Thursday, May 28, 2020 12:31 PM To: Aubrey A. Trebilcock Cc: Carolyn K. Smith;Amanda F. Barnes;William R. Landfair Subject: RE: 2968 Holland Road CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Aubrey,thanks for the quick response from all of you. I am including Amanda here so that she can get my response to all of the CC members. I do believe that this is good thinking on the property owners part. Honestly I've never see any thing going on at the paintball field. Holland Roads expansion is living up to the reasons for the improvements. This area will certaintly be developed and we need the new businesses that will be coming. With our hardships that we are dealing with I don't know if the military will be loosing any of the restrictions for us. I did notice even they are asking for some upgrades and they will be dealing with the DEK. I am in support of this and the other development coming to the area along Holland Road. Linda Russell-Cardinal Estates Sent from Mail for Windows 10 From:Aubrey A.Trebilcock Sent:Wednesday, May 27, 2020 3:52 PM To: Carolyn K. Smith Cc: lindaproffitt@peoplepc.com;William R. Landfair Subject: RE: 2968 Holland Road Good afternoon, I have attached the application packet for this Subdivision Variance request to this email,which includes the proposed layout. The applicant is seeking Variances to lot width and lot area in order to create two lots.The purpose being so that Lot A would be outside the Navy's Restrictive Easement which covers most of the lot. Lot B, according to the applicant, would continue to operate the paintball business currently in place. Were there any specific details about the proposal I can help to address? Aubrey Alexander Trebilcock, Planner City of Virginia Beach Planning and Community Development Development Services Center(DSC) 385-8277 main 385-4407 direct atrebilcock@vbgov.com ( Planning Community 1 From: Carolyn K. Smith<CAKSmith@vbgov.com> Sent:Wednesday, May 27, 2020 2:55 PM To:Aubrey A.Trebilcock<ATrebilcock@vbgov.com> Cc: lindaproffitt@peoplepc.com; William R. Landfair<WLandfair@vbgov.com> Subject: FW: 2968 Holland Road Hi Miss Linda! Aubrey can give you a summary of the request. Stay well! -Carolyn From: lindaproffitt@peoplepc.com <lindaproffitt@peoplepc.com> Sent: Wednesday, May 27, 2020 2:35 PM To:William R. Landfair<WLandfair@vbgov.com>; Carolyn K. Smith<CAKSmith@vbgov.com> Subject: 2968 Holland Road CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Miss you all and now I'm trying very hard to behave myself while my kids have me under"HOUSE ARREST". Could you give me some information on this address coming before you on June 10 ? Curious about the paint ball place. Thanks, Linda Sent from Mail for Windows 10 2 IIIIIINIMIIIIIIIIIIIIIIrilli......—ql""wr __ -, , 7 ..; ,.,, ..,, \T .- R204111111 in.111— 11111161 - IN ., A__..,. 0 V. R 2f0 _�R1-5— oMI _ . a 1 0) i ' 1 5 \ 11111 A limn 1-1 . , ings Lake Drive711\� .11 ii„ \ 11 'I _ ..,,,.. \, ,,,, ,.7,,, _ 0, R-1,5 \e4.\ �_2* R.45o z", L i \ 1 ir III R 15 �_i ____\__Li' (D I i Illt \L ;2o44 ° = \ 1" * 1 �� r:Ti I_ ± ___11......00111111111M11 .... -' 2 '—' I // Site Kenneth R. Pruitt W;41 . 873 Little Neck Road -V Property_Polygons s Q Zoning rParking Lot Drive Aisle — illi Feet i I n 7.ri 5n inn in Inn 7Fn :Inn / u ems. S cy. Z . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KENNETH R. PRUITT [Applicant] KING'S GRANT BAPTIST CHURCH [Property Owner] Modification of Conditions (Open-Air Market) for property located at 873 Little Neck Road (GPINs 1488828793, 1488828629). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: August 25, 2020 • Background: A Conditional Use Permit was previously approved for an open-air market on the property in 2015. Due to the success of the market, the applicant is now requesting a Modification of Conditions to expand the operating season and frequency of events. Specifically, the applicant proposes to operate weekly on Thursdays from 4:00 p.m. to 7:00 p.m. between April and October. Additionally, in the off-season, between November and March, the applicant proposes to operate once a month, any day of the week, with the proposed hours of 9:00 a.m. - 5:00 p.m. Products sold at the market include fruit and vegetables, all-natural meat products, home- grown flowers, and home-baked goods and pastries. • Considerations: The existing Open-Air Market has been operating successfully for several years without incident and Staff is not aware of any complaints or violations. The use is consistent with the policies of the Comprehensive Plan that calls for the provision of land uses that contribute to social interaction and day-to-day life of residents. Recommended conditions will address the proposed changes in operation to the market. To ensure sufficient parking, the market will only operate when church services are not being held. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this application. • Recommendations: On July 8, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commision and City Council. 1 . All conditions of the Conditional Use Permit for an Open-Air Market dated June 16, 2015 are null and void and are replaced with the following. 2. Activities related to the Open-Air Market shall be located within the areas designated on the site layout entitled "King's Grant Baptist Church Community Kenneth R. Pruitt Page 2 of 2 Market," dated July 1, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Products sold at the market shall be limited to local agricultural, seafood and related food products, as well as homemade and handmade items. 4. Between the months of April and October, the Open-Air Market shall only operate on Thursdays with operating hours limited to between 4:00 p.m. to 7:00 p.m. 5. Between the months of November and March, the Open-Air Market shall only operate no more than once a week with the operating hours limited to between 9:00 a.m. to 5:00 p.m. 6. The market shall only operate when church services are not being held. 7. One (1) sign, no greater than 32 square feet, with a maximum height of 12 feet, and set back at least seven (7) feet from the property line, may be installed on the lot no more than two (2) days prior to the day of the market. Said sign shall be removed after the market closes for the day. 8. The applicant shall ensure that all applicable Health Department requirements are met. 9. Amplified live and pre-recorded music shall only be permitted during the time that the market is in operation as conditioned above. 10.As provided for by Section 239.03(b)(2) of the Zoning Ordinance, there shall be no less than one (1)trash receptacle per one thousand (1,000)feet of sales area. 11.As provided for by Section 239.03(b)(5) of the Zoning Ordinance, during its operation, the market shall not disturb the tranquility of the surrounding residential area or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department , City Manager: ek9 Applicant Kenneth R. Pruitt Agenda Item INI Owner King's Grant Baptist Church B Public Hearing August 25, 2020 City Council Election District Lynnhaven 4 Virginia Beach Request Modification of Conditions (Open-Air Market) Staff Recommendation Approval ..:o. i Staff Planner Jonathan Sanders f 1111 t Location _ 873 Little Neck Road GPINs • 1488828793, 1488828629 - 1 Site Size 4.28 acres '` A AICUZ `.., Less than 65 dB DNL l Watershed �' Chesapeake Bay Existing Land Use and Zoning District Religious Use/ R-15 Residential Surrounding Land Uses and Zoning Districts - , . iii t. North , _ '' Fire station/ R-20 Residential _ South �.T� �� Single-family dwellings/ R-15 & R-20 P r Residential ._i�� East • . ill Little Neck Road . ' Neighborhood Recreation Club/0-2 Office West - _ Single-family dwellings/ R-15 Residential • i * ` - 3 - Kenneth R. Pruitt Agenda Item 4 Page 1 Background & Summary of Proposal • A Conditional Use Permit for an Open-Air Market was approved by City Council for this site on June 16, 2015. The community market operates twice a month on Thursdays from 4:00 p.m. to 7:00 p.m., between June and August and three times in September. The market has food trucks, vendors, information tables, children's activities, and music, as shown in the images on page seven of this report. • Due to the success of the market, the applicant is requesting a Modification of Conditions to the Open-Air Market to expand the operating season and frequency of events. Specifically, the applicant proposes to operate weekly on Thursdays from 4:00 p.m. to 7:00 p.m. between April and October. Additionally, in the off-season, between November and March, the applicant proposes to operate once a month, any day of the week, with the proposed hours of 9:00 a.m. -5:00 p.m. The existing condition limits the market's operation to two Thursdays per month from June through September, with hours between 4:00 p.m. to 7:00 p.m. A full set of the existing conditions can be found on page four of this report. • Products sold by the vendors at the market consist of fruit and vegetables, all-natural meat products, home-grown flowers, home-baked goods and pastries, local seafood, herbs, and homemade items. The church provides the use of their property free of charge and does not receive any financial compensation. • Parking for the market's vendors and patrons will be available within the existing church parking areas on the east and north sides of the church. - v; U R.3t CIL (�yy R ou D. I c /, vi Q 4 ., ��'� Zoning History o 0 1 Request .y o 1 CUP(Open Air Market)Approved 06/16/2015 • goy._A ' ' 1-) CUP(Church Addition)Approved 06/12/2001 ��; ` 2 SVR Approved 11/10/1992 - ut-'s 0 • 3 CUP(Outdoor Recreation Facility)Approved 06/27/2006 MOD(Communication Tower)Approved 06/10/2003 Q 4 C� r 0 11. U C ap 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 proposed Modification of Conditions for the Open-Air Market to extend the frequency of operation is acceptable, as it has been operating successfully for several years without incident. Staff is not aware of any complaints or violations and is confident that they can expand their operation in an orderly manner. In Staff's view, the Open-Air Market is consistent with the policies of the Comprehensive Plan that calls for the provision of a careful mix of land uses that contribute to social interaction and day-to-day life of residents. Kenneth R. Pruitt Agenda Item 4 Page 2 Staffs recommended conditions are a modification of the existing conditions of approval to address the proposed changes in operation.These changes include the extension of the market season during the Spring and Summer months (Condition 3),an increased frequency of markets during the Spring and Summer(Condition 3), and an ability to hold markets during the off-season (Condition 4). While it's not the applicant's desire to operate more than once per month in the off-season,Staff is of the opinion that the option of increasing to once per week would be acceptable and Condition 4 reflects this thinking. In order to ensure sufficient parking for the use, Staff has recommended a condition that the market shall only operate when church services are not being held (Condition 5). Staff recommends approval subject to the conditions below. Recommended Conditions 1. All conditions of the Conditional Use Permit for an Open-Air Market dated June 16, 2015 are null and void and are replaced with the following. 2. Activities related to the Open-Air Market shall be located within the areas designated on the site layout entitled "King's Grant Baptist Church Community Market," dated July 1, 2020,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. Products sold at the market shall be limited to local agricultural, seafood and related food products, as well as homemade and handmade items. 4. Between the months of April and October,the Open-Air Market shall only operate on Thursdays with operating hours limited to between 4:00 p.m.to 7:00 p.m. 5. Between the months of November and March,the Open-Air Market shall only operate no more than once a week with the operating hours limited to between 9:00 a.m.to 5:00 p.m. 6. The market shall only operate when church services are not being held. 7. One (1) sign, no greater than 32 square feet,with a maximum height of 12 feet, and set back at least seven (7)feet from the property line, may be installed on the lot no more than two (2) days prior to the day of the market. Said sign shall be removed after the market closes for the day. 8. The applicant shall ensure that all applicable Health Department requirements are met. 9. Amplified live and pre-recorded music shall only be permitted during the time that the market is in operation as conditioned above. 10. As provided for by Section 239.03(b)(2)of the Zoning Ordinance,there shall be no less than one (1)trash receptacle per one thousand (1,000)feet of sales area. 11. As provided for by Section 239.03(b)(5)of the Zoning Ordinance, during its operation,the market shall not disturb the tranquility of the surrounding residential area or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise,traffic, or overflow parking. 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. Kenneth R. Pruitt Agenda Item 4 Page 3 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. Conditions of the Conditional Use Permit for Open-Air Market dated June 16, 2015 1. Activities related to the Open-Air(Farm) Market shall be located within the areas designated on the submitted plan, entitled "King's Grant Baptist Church Farm Market Layout,June, 2015." 2. Products sold at the market shall be limited to local agricultural, seafood, and related organic food products,as well as homemade and handmade items. 3. The Open-Air Market shall only operate on two Thursdays per month from June through September. Operating hours shall be from 4:00 p.m.to 7:00 p.m. 4. One (1) sign, no greater than 32 square feet,with a maximum height of 12 feet, and set back at least seven (7) feet from the property line, may be installed per the provisions of Section 211(b)(1) for temporary signs. 5. The applicant shall ensure that all applicable Health Department requirements are met. 6. Amplified live and pre-recorded music shall be permitted during the time that the market is allowed to operate, but shall be at a volume consistent with the provisions of 8. 7. As required by Section 239.03(b)(2) of the Zoning Ordinance,there shall be no less than one (1)trash receptacle per one thousand (1,000)feet of sales area. 8. As provided for by Section 239.03(b)(5)of the Zoning Ordinance, during its operation,the market shall not disturb the tranquility of the surrounding residential area or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise,traffic, or overflow parking. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighborhoods and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non- residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There does not appear to be any significant natural or cultural resources associated with the site. Kenneth R. Pruitt Agenda Item 4 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Little Neck Road 4,800 ADT1 9,900 ADT 1(LOS 2"D") No Change Anticipated 'Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 5, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020 and August 16, 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 August 12, 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 August 21, 2020. Kenneth R. Pruitt Agenda Item 4 Page 5 Proposed Site Layout King's Grant Baptist Church Community Market July 1,2020 • 11,11 _ z III . _ 1 ThsGrant .. Baptist Church' I i Existing Covered I Children's Workshopfi ?' Pavilion with Tables and Activity Area and Benches w 3. xpansion Are for Vendors& Vendor&food Truck Area Food Trucks - "= f x i fig„ --r rl - - r+ibtl, - tie Kenneth R. Pruitt Agenda Item 4 Page 6 Site Photos of the Community Market a .1 ' • Xli R P ,.." : i -I. - ' - toy.-"IliA I t. i t� �1 4t M t� Oil'.. Iri n ``� r `_ - 1 _ % iv- C 4749-631 WW 3, itr 1 V .. 4 • r 1 0 LW —-----. *' li t:: . • '''. . ‘..e 141.4.el '' ; '4"4 41'461"'4 Zalt "i — 4 - ,. . ... - . ..,_, . :. `�' w ` t , 4.7., "1" -.11 • glib � � A 4_ _ Kenneth R. Pruitt Agenda Item 4 Page 7 Site Photos Ji _:, a•,t i 4`_�. orb ►:" alit_ TI,1 _ I if x l - -__- t - _J 0 __,-, f -__ - s "*.am - - ' a_:1 1ti ;" fi kit • ,, - Kenneth R. Pruitt Agenda Item 4 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Kenneth R. Pruitt 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 ,s prior Sc Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicatio El APPLICANT NOTIFIED OF HEARING DATE O _NO CHANGES AS OF DATE ns 1?2020 J$ El REVISIONS SUBMITTED DATE Kenneth R. Pruitt Agenda Item 4 Page 9 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest 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. Ala� 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:King's Grant Baptist Church If an LLC, list the member's names: Page 2 of 7 Kenneth R. Pruitt Agenda Item 4 Page 10 Disclosure Statement .1\B, Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) See attached list (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§2.2-31 01. 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 Kenneth R. Pruitt Agenda Item 4 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 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 ❑ " 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 4 of 7 Kenneth R. Pruitt Agenda Item 4 Page 12 Disclosure Statement 1B Virginia Reach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA 1 meeting, or meeting of any public body or committee in connection with this Applic tion.14,14..e a )(14___i ((/// - W. AP CANT'S SIGNATUREINT NAME p DATE vonommoissok Page 5 of 7 Kenneth R. Pruitt Agenda Item 4 Page 13 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 0 " 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) 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) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ' 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 Kenneth R. Pruitt Agenda Item 4 Page 14 Disclosure Statement VB 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. j 1\Gr, PROPERTY OWNER' S ATURE el"'-1) PRINT NAME T _ DATE . 1 T i' �.. uk..-k/\.' hp; K6- i.." l:�t‘it l �,", C icy` (k rcL ,s revt Prvci 40 I,, }'e4 *kit ettn M S JLta(A.1- curcentr"N.t-u'k I tut ( Ci 41 . ! a L fit,. ,atr -lrci a,to (crn(kc(-/ ht5 ► 1a,(Ktt i N.14.5 as a Teat- bass-4 is a.,r \AAdofS tl.KOt ao-r �, e g. I`Qe-lIck • n15 S tom('6&j crY „ !wi tut C? - ! , >. *ci4 -1)A9-(er Page 7 of 7 Kenneth R. Pruitt Agenda Item 4 Page 15 Disclosure Statement King's Grant Community Faith . Love . KING'S GRANT BAPTIST CHURCH 2019-2020 OFFICERS, DEACONS OFFICERS TREASURER- Richard Allred ASSISTANT TREASURER- Sheridan Barber CHURCH CLERK- Joan Peake TRUSTEES: Sandy Guthrie Rudy Russo Mary Anne Simmons Eddie Todd BOARD OF DEACONS Bob Bademian Paul Garrison Cathi Mullins Janice Barber Craig Goodmurphy Peggy Parker Sheridan Barber Butch Guthrie John Peake Josiah Barker John Hobbs Harrison Pierce Andrew Barnes Page Huff Jamie Pierce Randy Dail Ray Kirby Bobby Ross Jane Dobbins Rick Kiobuchar Chuck Sandford David Dodson Tom Kowalski Bob Simon Blair Dunlap Charlene Livers Christina Zeman Bill Forbes Mike Lyons Keith Zirkle Darrell Foster Todd Mayo Dave Zurek Helen Foster Laurie Monteiro 873 Little Neck Road,Virginia Beach,VA 23452 I www.kgbc.us I 757-340-0902 We exist as a community of faith to extend the love of Christ and His Kingdom in Virginia Beach and to the world. Kenneth R. Pruitt Agenda Item 4 Page 16 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. Kenneth R. Pruitt Agenda Item 4 Page 17 Items#6. Atrice Lee Richard,Jr. Subdivision Variance 2968 Holland Road June 10, 2020 DEFERRED TO JULY 8,2020 MEETING Mr. Landfair: Thank you Ms. Oliver, to ensure this live electronic public hearing is successful. Please note, the following meeting order of agenda and instructions will be followed. The order of business will be as follows,withdrawal and deferred agenda items. First is the consideration of requests to withdraw or defer an item. If you signed up to speak, you will be called upon following the applicant's request to withdrawal or defer the item. However, please speak only to the matter of the withdrawal or the deferral and not to the merits of the item. Consent Agenda Items, these are items that the Planning Commission looks upon favorably and there are no speakers signed up to comment. Consent Items will be voted upon as a block and will not be brought up again for further consideration by the Planning Commission. Last are the Regular Agenda Items. These items will proceed in the following manner. A. Statements by the applicant or applicant's representative, followed by questions from the Planning Commission by raising their virtual hand. C. Statements by any registered speakers followed by questions from the Planning Commission by raising their virtual hand. D. Rebuttal by the applicant or applicant's representative, followed by questions from the Planning Commission if desired, by raising their virtual hand. F. Deliberation of the application by the Planning Commission by raising their virtual hand and G.Voting on the application by a verbal vote when recognized by staff It is important that the planning commissioners hold their comments until recognized and to pause for three seconds after being recognized in order for staff to unmute you. Also, it is helpful for commissioners to ask all questions at once and by stating you will stand by for responses. This helps to ensure that all of your questions are answered before moving on to the next Planning Commissioner. During Planning Commission's deliberation,there will be no further public comment,unless a question is asked by the Commission. Staff will attempt to facilitate real time citizen participation and comments in the public hearing for those citizens who have registered. Planning Commission Policy provides 10 minutes for the applicant to present the request and all other speakers are limited to three minutes each. If you are the representative of a group, you are allowed 10 minutes to speak. Staff will be timing presentations. Please be advised that staff will mute you when your time expires. Madam Chair and Planning Commissioners, there are six speakers registered for today's public hearing during the regular agenda for Items 24 and 25. Those who have registered 1 with staff to speak on the agenda item will be called in the order in which they registered. Speakers will have up to three minutes to make their comments or 10 minutes if representing a group. If the speaker does not respond or if a technical issue occurs,which renders the comments unintelligible,the next registered speaker will be called upon. Following each speaker's comments, the Planning Commission will be asked if there are any questions of the speaker, and if so,please indicate Yes, by raising your virtual hand. Speakers please mute any additional devices you have in the room to avoid any unnecessary background noise and or the possibility of echoing and reverberation. Please, note that once your name is called you should wait three seconds to ensure the Planning Commission hears your complete remarks. Please begin your comments by identifying yourself. Also, do not ask "can you hear me" as only one feed is open at a time to minimize the echo reverberation, and as such, you will be unable to hear a response. Once public comment is complete, the floor will be open for Planning Commission discussion and ultimate vote. At the conclusion of the public hearing, the chair will adjourn the public hearing. Please note that the actions taken by the Commission today are in the form of a recommendation to the Virginia Beach City Council. The final decision to approve or disapprove an application will be made by the City Council. The Commission thanks you for your attendance and we hope that the experience here today leaves you feeling that you have been heard and treated fairly. Madam Chair and members of the Planning Commission, are there any questions about the process? Or does the Planning Director have additional comments? If so, please raise your virtual hand to be recognized. I will note that Mr. Redmond has now joined the group. Also, I would like to remind the Planning Commissioners to unmute their cameras,if they wish to be saying. Say no more hands raised, we will now move on to the Agenda. Madam Chair, there are no items requesting to withdraw. So, we will move on to the two applications requesting to be deferred. Agenda Items six and twelve. The first application is Agenda Item six, the application of a Truce Lee Richard Jr., trustee of the Truce Lee Richard Jr. revocable living trust for a subdivision variants to Section 4.4-A of the subdivision regulations for the property located at 2968, Holland Road, Princess Anne District. The applicants representative, Mr. Eddie Bourdon has signed up to speak, Mr. Bourdon the floor is now yours. Please pause for three seconds before speaking. Mr. Bourdon: Madam Chair for the record Eddie Bourdon Virginia Beach Attorney representing the applicant. The staff has requested that we make a modification of this application which we are in agreement with and my understanding, it will be on next month's Agenda, we appreciate the Commission deferring the matter today. Mr. Landfair: Ms. Oliver you have the floor to open it up for Planning Commission if they have any questions for Mr. Bourdon. 2 Ms. Oliver: I will open up the floor,if there are any questions or comments regarding the request for deferral to July 8, please raise your virtual hand if you have a comment or a motion and staff will recognize you. Mr. Landfair: The second application requesting deferral is Agenda Item 12 application of Atlantic Development Associates, a conditional use permit for a Short Term Rental for the property located at 112-B, 56th Street, Lynnhaven District. The applicant's representative, Mr. Eddie Bourdon has signed up to speak. Mr. Bourdon the floor is now yours. Please pause for three seconds before speaking. Mr. Bourdon: Again, Madam Chair for the record Eddie Bourdon, Virginia Beach Attorney representing the application. The subject unit has been sold and the purchaser when they contract it to buy it, agreed, it was already in play, the application have been filed that they wanted to do the Short Term Rental as well. They have since had second thoughts. So, we are doing indefinite deferral on this application, they are a party by their contract and by the documents to the other application. But, this one we are deferring until they determine whether they want to pursue the use permit or not. So it is an indefinite deferral it may or may not come back. Mr. Landfair: Ms. Oliver you have the floor to open it up for Planning Commission, if they have any questions of the applicant, or if they would like to make a motion. Ms. Oliver: Thank you. I will open the floor up if there are any questions or comments regarding the request for the deferral or if there is a motion. Please raise your virtual hand and staff will recognize you now. Mr. Landfair: Commissioner Weiner your mic is open. Mr. Weiner: Oh. Yes,Madam Chair, I would move that that we refer Item six,and I believe that was until the June 24,meeting and Item 12 indefinite deferral. Mr. Tajan: To clarify Mr. Wiener the Item number six is differed to the July 8, meeting. Mr. Landfair: Madam Chair, staff opens the mic to you to call for a second. Ms. Oliver: Right, thank you. Do I have a second please? Mr. Landfair: Commissioner Inman your mic is now open. Mr. Inman: I second the motion. Mr. Landfair: Hearing a second, a motion to defer applications six and 12, as noted, have been made by Commissioner Weiner and seconded by Commissioner Inman. Are there 3 any Planning Commissioners abstaining on these items to be deferred at this time, please raise your virtual hand for staff to recognize you, so that you may provide an explanation for your abstention. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please remember to pause after your name is called before speaking. Mr. Landfair: Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Mr. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against Item 6 and 12 have been differed as noted. Item 6 will be differed until the July 8, hearing and Item 12 is indefinitely defer. Mr. Landfair: Before we proceed, I would like to make a point of clarification. Previously, I had stated that there are six speakers registered for today's public hearing during the 4 The verbatim of the July 8, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on August 25, 2020, again due to advertising error. Item # 3. Kenneth R. Pruitt [Applicant] King's Grant Baptist Church [Owner] Modification of Conditions (Open-Air Market) 873 Little Neck Road July 08, 2020 RECOMMENDED FOR APPROVAL- CONSENT Mr. Weiner: Thank you. Thank you, Madam Chair. The next order of business is the Consent Agenda. These are the applications that are recommended for approval by the Staff and the Planning Commission concurred. And, there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda, one, three and four. The Planning Commission also places the following applications for a conditional use permit for Short- Term Rental on the Consent Agenda. And, they meet the applicable requirements for Section 241. 2 of the zoning ordinance. Staff and Planning Commission supports the applications and there are no speakers signed up to comment on items 11, 13, 15, 16, 17, and 18. Before I make a motion, I want to pause as Staff if there are any other speakers on these items. Mr. Landfair: There are no known speakers in opposition. Mr. Weiner: Great. Okay, I moved for the following items to be approved on the Consent Agenda 1, 3, 4, 11, 13, 15, 16, 17, and 18. Ms. Oliver: Do we have a second? Ms. Klein: I will second. Ms. Oliver: Thank you. Are there any other Planning Commissioners that needs to abstain from any of these items? Yes, Mr. Whitney. Mr. Graham: I am not going to abstain, but I do need to disclose that items 1, 15, 16, 17, and 18 have Towne Bank listed as the lender and I am on a Board at Towne Bank, but I do not have any financial interest in these and I will be voting. Ms. Oliver: Anyone else, Mr. Inman. 1 Mr. Inman: Yes, I need to disclose that,I am on the Advisory Board for Towne Bank, Virginia Beach. I do not have any interest in any of the applications. We do not make any decisions on loans and I will be voting. Ms. Oliver: Alright. We will go ahead and call for the vote please. Ms. Coleman: Okay. If you are in favor of the motion say, yes. And, if you are opposed please say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver: Ms. Oliver: Yes. Ms. Coleman: By recorded vote of ten, four and zero against the following items 1, 3, 4, 11 , 13, 15, 16, 17, and 18, have been approved by consent. If you 2 havehad an application that was on the Consent Agenda, your requests will now be scheduled for an upcoming City Council Meeting. Staff will contact you about the date, so that others may attend in the chamber, please exit via the side door. If you are watching virtually you are free to exit or stay and watch. Thank you all for your participation. The next order of business is the Regular Agenda. Bill Landfair will introduce the first application. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. All conditions of the Conditional Use Permit for an Open-Air Market dated June 16, 2015 are null and void and are replaced with the following. 2. Activities related to the Open-Air Market shall be located within the areas designated on the site layout entitled "King's Grant Baptist Church Community Market," dated July 1, 2020, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Products sold at the market shall be limited to local agricultural, seafood and related food products, as well as homemade and handmade items. 4. Between the months of April and October, the Open-Air Market shall only operate on Thursdays with operating hours limited to between 4:00 p.m. to 7:00 p.m. 3 5. Between the months of November and March, the Open-Air Market shall only operate no more than once a week with the operating hours limited to between 9:00 a.m. to 5:00 p.m. 6. The market shall only operate when church services are not being held. 7. One (1) sign, no greater than 32 square feet, with a maximum height of 12 feet, and set back at least seven (7) feet from the property line, may be installed on the lot no more than two (2) days prior to the day of the market. Said sign shall be removed after the market closes for the day. 8. The applicant shall ensure that all applicable Health Department requirements are met. 9. Amplified live and pre-recorded music shall only be permitted during the time that the market is in operation as conditioned above. 10. As provided for by Section 239.03(b)(2) of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1 ,000) feet of sales area. 11. As provided for by Section 239.03(b)(5) of the Zoning Ordinance, during its operation, the market shall not disturb the tranquility of the surrounding residential area or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. 4 regular agenda. And I cited two Items 24 and 25. It is actually for Items 9, 22, 23, 24, 25 and 30. Thank you. Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1, 2,3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 5 / / °n R-5D /* o,, 1R-SD / / i -j R-5D 1%44 0-2 / ,i/' 4* oh �7 74t. / ----- 1 , 44474/ -- R=5 D R-51Ylir .LI _ i C / / 4 B-2 •// .I\ N site Seniors Unlimited Lifestyles, Inc. W OM E Property_Polygons 1012 & 1020 Finney Circle, vwJ Zoning 5837 & 5841 Burton Station Road S L Parking Lot Drive Aisle Feet Building 0 25 50 100 150 200 250 300 ro S• 57 t �j �7 s' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SENIORS UNLIMITED LIFESTYLES, INC. [Applicant] CITY OF VIRGINIA BEACH [Property Owner] Conditional Use Permit (Housing for Seniors & Disabled Persons) for the properties located at 1015 & 1020 Finney Circle, 5387 & 5841 Burton Station Road (GPINs 1458882897, 1458893052, 1458892090, 1458882715, 1458892065). COUNCIL DISTRICT — BAYSIDE MEETING DATE: August 25, 2020 • Background: The applicant is requesting a Conditional Use Permit for a 38-unit housing facility for seniors and disabled persons. The project will serve as Phase II of an existing 40-unit facility, Tranquility at the Lakes (Phase I), located across the street from the subject site. Both projects involve City-owned property. The applicant purchased a portion of the property for the Phase I site when it was declared as excess property resulting from the Burton Station Road and Tolliver Road Capital Improvement Project. The applicant is now in the process of purchasing the entirety of the subject property from the City, excluding land needed to continue Tolliver Road to the adjacent property to the west. The proposed site layout and architectural design emulate the existing facility, with buildings placed near the street corner and surface parking on the interior and rear of the lot. The existing and proposed buildings are designed as three-story, contemporary, garden-style apartments with balconies or porches on each level, ample windows, and brick and cement-fiberboard siding and trim. A total of 42 parking spaces is proposed on the subject site. Vehicular access is shown from Burton Station Road. There will also be an emergency-only vehicular access on Tolliver Road until the remainder of that section of road is constructed. • Considerations: The proposed senior living facility will be a part of the Burton Station Strategic Growth Area (SGA). Phase II will further activate the new and improved intersection of Tolliver Road and Burton Station Road. The use is consistent with the Comprehensive Plan's long-term vision to provide a variety of residential types within the Burton Station Village District of this SGA. Like the existing facility, the proposed site and building design support the Burton Station SGA Master Plan's recommendation for compact, urban-style development by providing a medium density, multi-story facility placed near the street. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. Seniors Unlimited Lifestyles, Inc. Page 2 of 3 The applicant submitted a petition of support for the project signed by 30 members of the Burton Station community. There is no known opposition to this request. • Recommendation: Planning Commission recommended this item for approval on the Consent Agenda on July 8, 2020. Due to an advertising error, the item is rescheduled for the August 25, 2020 joint session with Planning Commission and City Council. The recommendation for approval is subject to the conditions below. 1. With the exception of any modifications required by any of these conditions or as a result of detailed site plan review, the site shall be developed in substantial conformance with the submitted site layout plan entitled "Tranquility II, Virginia Beach, VA" prepared by Arnold Design Studio, dated June 12, 2020, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The proposed building shall be constructed in substantial accordance with the submitted renderings entitled "Tranquility II Renderings," prepared by Arnold Design Studio, dated June 16, 2020, which have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. When the sale of the property is final, the applicant shall submit a subdivision plat to dedicate the additional right-of-way for Tolliver Road, if not already conveyed through the property sale, and to vacate all interior property lines. 4. An evergreen, landscape buffer shall be installed and maintained on the western property line. The exact dimensions and planting materials will be determined during the detailed site plan review process. All other landscaping shall be installed and maintained as required by the Site Plan Ordinance. 5. A minimum six-foot high dumpster enclosure shall be constructed of brick matching the brick on the building. Additional planting shall be installed on the east and west sides of the proposed dumpster enclosure to provide additional screening from the adjacent property and from the street. Details of the enclosure and plantings shall be depicted on the final site plan. 6. Trash pick-up for the dumpster shall be prohibited between the hours of 9:00 p.m. and 8:00 a.m. 7. At least one member of the family living in each unit shall be disabled or age 62 or older. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Seniors Unlimited Lifestyles, Inc. Page 3of3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmen /( v City Manager: �I Applicant:Seniors Unlimited Lifestyles, Inc. Agenda Item Property Owner: City of Virginia Beach gl\B Public Hearing August 25, 2020 City Council Election District Bayside 5 Virginia Beach Request Conditional Use Permit j °°'/Roa Housing for Seniors & Disabled Persons Pe i', EP/ /(/ Staff Recommendation 4i kF� Approval le`C/\ r4! <4AP Staff Planner s e :' Ashby Moss \ .47S�G +a ,47 J� eo Location o 1012 & 1020 Finney Circle, , - a°``r ,9.- s 5837 & 5841 Burton Station Road V a` `� GPINs ,/ r I' 1458 88 2897 1458 89 3052 c�� 1458-89-2090, 1458-88-2715, '�''Q lio D o 1458-89-2065 1% 94 Site Size do % `i, J 1.55 acres •\ `\ AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwellings/ R-5D Residential . , ;/' Surrounding Land Uses and Zoning Districts ry ' North Burton Station Road dJ 7 r Office warehouse/Conditional I-1 Light ' / Industrial x South Vacant,former Lake Wright Golf Course/ N. Conditional B 2 Community Business ' ;- _..1 East Tolliver Road Housing for Seniors & Disabled Persons/R-5D Residential West Single-family dwellings/ R-5D Residential Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit for a 38-unit housing facility for seniors and disabled persons.The site is currently zoned R-5D Residential District and is located within the Burton Station Strategic Growth Area (SGA). • The facility will serve as phase II of Tranquility at the Lakes,a 40-unit housing facility for seniors and disabled person constructed in 2017 on the southeast corner of Burton Station Road and Tolliver Road,directly across the street from the subject site.A portion of this property was purchased from the City of Virginia Beach when it was declared as excess property after the right-of-way alignment was finalized for the Burton Station Road and Tolliver Road improvement project.The applicant is now in the process of purchasing the subject property from the City. • The proposed site layout and architectural design emulate the existing Tranquility at the Lakes facility. Both buildings are placed near the street corner with surface parking on the interior and rear of the lot.The three- story structures are designed as contemporary,garden-style apartment buildings with balconies or porches on each level,ample windows, and brick and cement-fiberboard siding and trim. • The proposed 33,000 square-foot facility consists of 32 one-bedroom and six two-bedroom units.The one- bedroom apartments are anticipated to be approximately 750 square feet,and the two-bedroom apartments are 925 square feet.The building will be equipped with an elevator, laundry rooms on each floor,a large community room,and other common spaces. Outdoor amenity spaces available to the residents include porches,gazebos, a flexible game space,and landscaped open space at the rear of the site. • A total of 42 parking spaces are proposed on the subject site,which is four more than the minimum requirement of one space per unit,or 38 spaces.Vehicular access is shown from Burton Station Road.There will also be an emergency-only vehicular access on Tolliver Road until the remainder of that section of road is constructed. • An evergreen landscape buffer will be required along the northern property line to provide screening for the adjacent property.This may necessitate a shift of the development towards Tolliver Road, but Section 283 of the City Zoning Ordinance allows for a reduced building setback up to 10 feet. • The project will be designed and constructed to meet EarthCraft Virginia's green building standards,the Virginia Housing Development Authority's(VHDA) EPA Energy Star standards,and Universal Design standards to accommodate the residents'diverse needs. • As allowed per Section 221(i)of the City Zoning Ordinance,the applicant is requesting a deviation from the Zoning Ordinance requirements for the R-5D Residential District with regard to height.While the maximum allowable height is 35 feet for structures in the R-5D Residential District,the applicant is requesting a three-story structure with a height of up to 45 feet. • The applicant presented the proposal to the Senior Housing Advisory Committee on May 19, 2020.The committee was supportive of the application. Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 2 e °/ Zoning History ,,/, 0 34N4. : # Request N,/ �a d 1 CUP(Independent Senior Housing)Approved =�j01/26/2010 I j MOD(Independent Senior Housing)Approved �� ( P PP 03/13/2012 jpe� MOD(Independent Senior Housing)Approved 03/03/2015 2 CRZ(R-5D Residential Duplex to Conditional 1-1 Light P g 3 CRZ(R-5D Residential Duplex to Conditional B-2 .-2 3 ' Community Business)Approved 06/19/2018 i Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The proposed Conditional Use Permit request for Housing for Seniors and Disabled Persons is acceptable.The subject site is situated on the southwest corner of Burton Station Road and Tolliver Road and directly across from an existing senior living community,Tranquility at the Lakes (Phase I).This was the first redevelopment project in Burton Station Village and has served as a welcome catalyst for development activity,especially now that the extensive Burton Station/Tolliver Road roadway and utility Capital Improvement Projects are complete.The Tranquility at the Lakes facility has been successful and its long wait list demonstrates the great demand for this sector of affordable housing stock. The proposed use is consistent with the Comprehensive Plan's long-term vision to provide a variety of residential types within the Burton Station Village District of the Burton Station Strategic Growth Area, including living facilities for seniors and the disabled.The proposed site and building design support the Master Plan's recommendation for compact and urban-style development by providing a medium density, multi-story facility placed near the street. Furthermore,the Burton Station Master Plan's vision entails design principles that encompass sustainable initiatives and improved quality of life.These design principles are reflected in the EarthCraft Virginia,VHDA, and Universal Design building standards which will provide economic and environmental benefits through utility savings,emission reductions and better quality of life.The Universal Design standards can substantially improve the day-to-day life of the future residents with accessibility, usability, and convenience.As noted above,deviations to both building height and building setback are proposed.The Burton Station Village District of the SGA calls for mixed use at this corner. Building form of mixed-use buildings would typically be located closer to the property line as well as allow for taller buildings. In Staff's view,these deviations are in line with the vision for the Burton Station SGA. Based on these considerations,Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. With the exception of any modifications required by any of these conditions or as a result of detailed site plan review,the site shall be developed in substantial conformance with the submitted site layout plan entitled Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 3 "Tranquility II,Virginia Beach,VA" prepared by Arnold Design Studio,dated June 12,2020,which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The proposed building shall be constructed in substantial accordance with the submitted renderings entitled "Tranquility II Renderings," prepared by Arnold Design Studio,dated June 16,2020,which have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. When the sale of the property is final,the applicant shall submit a subdivision plat to dedicate the additional right-of-way for Tolliver Road, if not already conveyed through the property sale,and to vacate all interior property lines. 4. An evergreen, landscape buffer shall be installed and maintained on the western property line.The exact dimensions and planting materials will be determined during the detailed site plan review process.All other landscaping shall be installed and maintained as required by the Site Plan Ordinance. 5. A minimum six-foot high dumpster enclosure shall be constructed of brick matching the brick on the building. Additional planting shall be installed on the east and west sides of the proposed dumpster enclosure to provide additional screening from the adjacent property and from the street. Details of the enclosure and plantings shall be depicted on the final site plan. 6. Trash pick-up for the dumpster shall be prohibited between the hours of 9:00 p.m. and 8:00 a.m. 7. At least one member of the family living in each unit shall be disabled or age 62 or older. 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. Comprehensive Plan Recommendations The subject site is located within the Burton Station Strategic Growth Area (SGA).The Master Plan,originally adopted in 2009 and updated on November 20, 2018,designates the majority of this SGA for light industrial and flexible office uses. The subject site, however, is located at the heart of the Burton Station Village District where one of the region's oldest African-American communities was first established by two freed slaves. Over the past ten years, property owners and residents have gradually moved or sold their property, prompting a change in the long-term vision.The 2018 Master Plan now calls for Burton Station Village to transition into a medium density commercial and residential village offering a variety of housing types in close proximity to surrounding commercial and employment centers.The recommended block design identified for this district has buildings placed closer to the street and parking areas on the side or rear of developments.This design principle will contribute to cultivating an urban setting and prioritizing a pedestrian-friendly environment. Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 4 Public Utility Impacts Water This site is currently connected to City water. There is an existing 10-inch City water main along Burton Station Road and another 10-inch City water main along Tolliver Road. There are multiple water connections serving the project site. Only one water service type for domestic,fire, and irrigation use will be permitted for the proposed development. Sewer This site is currently connected to City sanitary sewer. There is an existing 8-inch City sanitary sewer gravity main along Burton Station Road and an existing 12-inch City sanitary sewer gravity main along Tolliver Road. Only one sanitary sewer service will be permitted for the proposed development. Public Outreach Information Planning Commission • The applicant submitted a petition of support for the project signed by 30 members of the Burton Station community. • As required by the Zoning Ordinance,the public notice signs were placed on the property on or before June 8, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020 and August 16, 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 August 12, 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 August 21, 2020. Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 5 Site & Floor Plan I Imo; . aVP q..°j ill t e� to 1 - I -1 \ i gt, s .� A/,.. s;e $a/:� - -Y..._@OC_;34ID6 I $ €i ea l� � I II 'I.5' t e E II_ o p O O r :: 5 . , . : — • :-'.: 11- Si" ) ,,,,,).,.::i 1 iy..-..L". -11 I--7 LIHI:1- 'I 1 11- L i { 1 BURTON STATION ROAD TRANQUILITY III =z VIRGINIA BEACH,VA r.0 06(12/2020 g r ov Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 6 Site Renderings ;jam""' *ii ,1014 ki. ►�, 0 , Bird's Eye View •s :. _ T/ 7T1. 4 -whPaki- , - 1 m m 'Alf r r - \ ' Street View Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 7 Site Renderings Ayy i' I isir ,--. ' ' , irk* „„,a,„..........„..„,,,,.1„,,Ar A ,-- _. Li IT.: 4 7- r.� III hOill j 1 , i I , Main Entrance View Ilya pa II s. • : v7, .. :L, i.At -4"5.*i, '. '1. . -- 110 . A - .. Community Room View Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Seniors Unlimited Lifestyles, Inc. 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 Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes 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 twc(2)weeks prior to any Pauli• 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE 8/5/2020 Asii/. )flops ® NO CHANGES AS OF DATE. 8/11/2020 Atl)flips REVISIONS SUBMITTED DATE t Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 9 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name.Seniors Unlimited Lifestyles Inc. 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) Please See Attachment (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 1 property owner is different from Applicant. X Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm. business, or other unincorporated organization. riCheck 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:City of Virginia Beach If an LLC, list the member's names: Page 2 of 7 Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 10 Disclosure Statement Ifi3 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 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 Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 11 Disclosure Statement APPLICANT 3iBei!li YES NO SERVICE PROVIDER(use additional sheets if needed) XAccounting and/or preparer of Pat Bullock. Pat Bullock Tax Service your tax return X I n Architect/ Landscape Architect/ Colin Arnold,AIA.LEED AP Arnold I Land Planner Design Studio Contract Purchaser(if other than N/A the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed N/A IX purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Todd Peacock- Peacock Holland © Engineers/Surveyors/Agents Mark Richardson-Timmons Group Financing (include current Virginia Community Development Cor mortgage holders and lenders p. Equity, LIHTC Equity, State HOME selected or being considered to funds. DHNP,VHDA Permanent Loan provide financing for acquisition or construction of the property) nLegal Services Kedron Springer Esq Springer LawGr Real Estate Brokers / Sharon Prescott Realtor,Beach South X Agents/Realtors for current and Realty 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 Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 12 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 I 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. rt�-- Angela Whitehead 4 30 2020 APPt1 S SIGNATURE PRINT NAME DATE Page 5 of 7 Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 13 Disclosure Statement 1//3 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I� Accounting and/or preparer of J 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 l i purchaser of the subject property (identify purchaser(s)and purchaser's service providers) LiConstruction 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) l l E Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property a_- • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El ix/ 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 Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 14 Disclosure Statement 1i/3 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. f -�,v Robert J. Tajan 6/18/202 PROPERTY OWNER'S SIG aTURE PRINT NAME DATE Director of Planning signing for the City of Virginia Beach, Owner Page 7 of 7 Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 15 Disclosure Statement SENIORS UNLIMITED LIFESTYLES INC. OFFICERS/BOARD MEMBERS Chief Executive Officer: Angela Whitehead 453 Longdale Crescent Chesapeake,VA 23325 Tel:757-737-3713 President: Kedron Springer Esq. 2408 Arnie Drive Chesapeake,VA 23322 Tel:757-297-6311 Vice President: Monique Hitchcock 3129 Bloomfield Court Virginia Beach,VA 23453 Tel:757-288-0702 Treasurer: Gerald Porter 1815 Cullen Ave. Chesapeake,VA 23324 Secretary: Brenda Arrington 1535 Penton Mews Chesapeake,VA 23320 Tel:757-816-2894 Board Member: Evelyn Cooper 1001 Rosemead Court Virginia Beach,VA 23464 Tel:757-375-5559 Board Member: Joyce Fitzgerald 3828 Middleham Virginia Beach,VA 23456 Tel:757-577-2418 Board Member: Katrina Griggs 705 Albertine Court Chesapeake,VA 23320 Tel:757-419-6443 Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 16 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. Seniors Unlimited Lifestyles, Inc. Agenda Item 5 Page 17 Item#4. Seniors Unlimited Lifestyles, Inc. [Applicant] City of Virginia Beach [Owner] Conditional Use Permit(Housing for Seniors and Disabled) 1012& 1020 Finney Circle,5837&5841 Burton Station Road July 08,2020 RECOMMENDED FOR APPROVAL-CONSENT Mr. Weiner: Thank you. Thank you,Madam Chair. The next order of business is the Consent Agenda. These are the applications that are recommended for approval by the Staff and the Planning Commission concurred. And,there are no speakers signed up in opposition. The Planning Commission places the following applications on the Consent Agenda,one,three and four. The Planning Commission also places the following applications for a conditional use permit for Short- Term Rental on the Consent Agenda. And, they meet the applicable requirements for Section 241. 2 of the zoning ordinance. Staff and Planning Commission supports the applications and there are no speakers signed up to comment on items 11, 13, 15, 16, 17,and 18. Before I make a motion, I want to pause as Staff if there are any other speakers on these items. Mr. Landfair: There are no known speakers in opposition. Mr. Weiner: Great. Okay,I moved for the following items to be approved on the Consent Agenda 1,3, 4, 11, 13, 15, 16, 17,and 18. Ms. Oliver: Do we have a second? Ms. Klein: I will second. Ms. Oliver: Thank you. Are there any other Planning Commissioners that needs to abstain from any of these items?Yes,Mr. Whitney. Mr. Graham: I am not going to abstain, but I do need to disclose that items 1, 15, 16, 17, and 18 have Towne Bank listed as the lender and I am on a Board at Towne Bank,but I do not have any financial interest in these and I will be voting. Ms. Oliver: Anyone else, Mr. Inman. Mr. Inman: Yes, I need to disclose that,I am on the Advisory Board for Towne Bank, Virginia Beach. I do not have any interest in any of the applications. We do not make any decisions on loans and I will be voting. Ms. Oliver: Alright. We will go ahead and call for the vote please. Ms. Coleman: Okay. If you are in favor of the motion say, yes. And, if you are opposed please say,no. Mr. Alcaraz. 1 Mr. Alcaraz: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: Yes. Ms. Coleman: Mr. Graham. Mr. Graham: Yes. Ms. Coleman: Mr. Horsley. Mr. Horsley:Yes. Ms. Coleman: Mr. Inman. Mr. Inman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: Yes. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver: Ms. Oliver: Yes. Ms. Coleman: By recorded vote of ten,for,and zero against,the following items 1,3,4, 11, 13, 15, 16, 17, and 18,have been approved by consent. If you have had an application that was on the Consent Agenda,your requests will now be scheduled for an upcoming City Council Meeting. Staff will contact you about the date. So that others may attend in the chamber, please exit via the side door. If you are watching virtually you are free to exit or stay and watch. Thank you all for your participation. The next order of business is the Regular Agenda. Bill Landfair will introduce the first application. 2 AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1.With the exception of any modifications required by any of these conditions or as a result of detailed site plan review, the site shall be developed in substantial conformance with the submitted site layout plan entitled Design Studio, dated June 12,2020,which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The proposed building shall be constructed in substantial accordance with the submitted renderings entitled "Tranquility II Renderings," prepared by Arnold Design Studio, dated June 16, 2020, which have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. When the sale of the property is final, the applicant shall submit a subdivision plat to dedicate the additional right-of-way for Tolliver Road,if not already conveyed through the property sale,and to vacate all interior property lines. 4.An evergreen,landscape buffer shall be installed and maintained on the western property line.The exact dimensions and planting materials will be determined during the detailed site plan review process.All other landscaping shall be installed and maintained as required by the Site Plan Ordinance. 5. A minimum six-foot high dumpster enclosure shall be constructed of brick matching the brick on the building. Additional planting shall be installed on the east and west sides of the proposed dumpster enclosure to provide additional screening from the adjacent property and from the street. Details of the enclosure and plantings shall be depicted on the final site plan. 6.Trash pick-up for the dumpster shall be prohibited between the hours of 9:00 p.m. and 8:00 a.m. 7.At least one member of the family living in each unit shall be disabled or age 62 or older. 3 IVSeniors 'UnlimitedLifestyles, Inc. January 29,2020 Dear Burton Station Family, Greetings from Seniors Unlimited Lifestyles Inc. Happy New Year to all of you! SULI's Mission is to provide and sustain high quality affordable housing and services for the elderly and disabled in a safe secure environment. As many of you know that in 2016 SUL] broke ground right here in Burton Station Virginia Beach to build our first 40 unit senior living community called Tranquility at the Lakes Phase I. In the spring of 2017, Tranquility at the Lakes was move in ready.and was able to house 40 seniors.OF the 40 units we were able to house 11 residents that were homeless. However the need for more elderly housing is still so great,there is a waiting list of over 170 seniors that need housing. SU LI is currently acquiring land to construct Tranquility at the Lakes Phase II senior community to house another 40 of our seniors right here in Burton Station. We are proud to provide and sustain quality affordable housing for our seniors. Our seniors are the foundation of our communities they have paved the way for many of us, and this is an opportunity for us to support and help them live out the remainder of their lives with care, dignity and a place to call home. We are dedicated to expanding permanently, quality affordable, thoughtfully universal designed housing for our elderly. Please consider supporting this continued vision. Your support will make a lasting difference. We need your signature of support. Thank you so much for supporting our mission and our Burton Station community. With Gratitude, 4' 4f.dWF Angela Whitehead Chief Executive Officer 5827 Burton Station Rd. I Virginia Beach, Virginia 23455 1757.737.3713 I Angela.Whitehead@sulicare.com uaoa'aae3Uns&PeayaiMAA•ela6uy i Ell£'LEL'LSL ( SStEZ e!u!6 !A •yae08 eiu!6i!A I 'pa uoileiS uoLJne 129S ------. 771;47/1 ------ I------ ---- - =-- (vof tf7s ,X'�•J -----9 &.a.C1- ----Y :g- (N/°Ct 77 r 2 '-'71/77-r1:77 .--1-77.' r -74- -------:-Ft - ' ---i‘-71-- 7-7-77-4-p--- '67 -c-rg's ___.._ _ _ _ ___ . _ _ e-------,- --- 7 ---7.w.,, ?„-- , - ,---21-nr, , , ,,.. 04111014 "(T''', ,- I . ,;07,,, .44111CION ; e4, y , _ _ _ . - - 1r / - 4/k4a , - , .. i I 1 --- - - -- -= - : ;:i :1 :j&:: I ---~-.2,- i ref /' hod mini • i pis OZOZ`6Z titenuef •-'UI `s i(isaJ7 yaiyuguri scotuac o \ _ -- , cJj �,� Cam` , °•"/ ' /�li —iiI, 9♦ o i AG=19 AG-2 -__ AG-1 ��/,,____ ., 1/- 0 • •i- or - __ . . --- \ 1 ' - AG-1 N r A Site Wolfe Bros Events, LLC ,,4: Property_Polygons 1145 Princess Anne Road W pre iiii Zoning Parking Lot Drive Aisle - Feet Building 012T50 500 750 1,000 1,250 1,500 7 t ___ � si CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: WOLFE BROS EVENTS, LLC [Applicant & Property Owner] Conditional Use Permit(Assembly Use)for the property located at 1145 Princess Anne Road (GPIN 2400493564). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: August 25, 2020 • Background: The applicant is requesting a Conditional Use Permit for an Assembly Use, specifically for event venue, on a 63-acre site located in the Blackwater area of the Princess Anne District. The property is surrounded by agriculturally-zoned properties and the closest residential dwelling is approximately 1,000 feet from the proposed 5,565 square foot venue building. The request was deferred from the October 9, 2019 and December 5, 2019, Planning Commission public hearings in order for the applicant to present the request to the Agricultural Advisory Commission and surrounding neighbors. As a result, the applicant modified the original request by reducing the number of outdoor events from 50 to 30 per calendar year and decreasing the maximum number of attendees from 250 to 150, with an exception that up to five of the 30 events may have up to 250 attendees. All outdoor events will be concluded by 10:00 p.m. and indoor events will be concluded by 11:00 p.m. There is no recommended limit to the number of indoor events per year. Parking can be accommodated on-site, as the outdoor riding ring can serve as an overflow parking area. • Considerations: Despite the revisions noted, the Agricultural Advisory Commission remains opposed to the request noting that this non-agricultural use is best located in the suburban and urban areas of the city. In Staffs view, in limited instances venues such as this are appropriate in the rural area; however, the Planning Commission disagreed and recommends denial. The Planning Commission shares the opinion of the Agricultural Advisory Commission that event venues in general are not a bona fide agricultural activity; therefore, are not compatible in the agriculturally- zoned district. In addition, the Commission is concerned with the high traffic volume during an event would have a negative impact on the character of the agricultural community. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. One letter of opposition was received about the request noting concerns related to noise, traffic, and incompatible use in the agricultural community. Wolfe Bros Events, LLC Page 2 of 3 • Recommendation: On June 24, 2020, the Planning Commission passed a motion to recommend denial of this request by a vote of 7 to 4. Due to an advertising error, the item is rescheduled for the August 25, 2020 joint session with Planning Commission and City Council. Should the City Council consider approving this application, the following conditions are provided for deliberation. 1. Except for ADA parking, alternative surfaces (bluestone sand and gravel) may be permitted for on-site for the minimum required number of parking spaces. ADA parking shall be provided in accordance with the ADA criteria. 2. The applicant/owner shall install and maintain a City standard commercial entrance at Princess Anne Road. Said entrance shall be installed in accordance with the City of Virginia Beach Department of Public Works Engineering Division Specifications and Standards. 3. Outdoor events shall be limited to no more than thirty(30) per the calendar year and the maximum number of attendees shall not exceed 150 per event, except up to 5 of the 30 events may have up to 250 attendees. 4. All outdoor events shall be concluded by 10:00 p.m. and indoor events shall be concluded by 11:00 p.m. 5. Amplified music, except acoustical music, shall be prohibited after 10:00 p.m. for outdoor events and 11:00 p.m. for indoor events. 6. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of any adjacent residential use properties. 7. This Assembly Use may continue to operate on the site subject to an annual determination by the Planning Director or designee that the presence of the use is not detrimental to public health, safety, and welfare. Furthermore, the Assembly Use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. 8. A Site Plan shall be submitted to the Department of Planning & Community Development/Development Services Center to ensure compliance with applicable regulations for all proposed on-site improvements. Site Plan approval shall be obtained prior to issuance of a building permit, which shall be required for the proposed venue structure and any other improvement, per City regulations. In addition, a Certificate of Occupancy shall be required prior to the occupancy of the proposed venue building. Wolfe Bros Events, LLC Page 3of3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Departmen City Manager: ��`/ Applicant&Owner Wolfe Bros Events, LLC Agenda Item Public Hearing August 25, 2020(Deferred from October 9,2019&December 5, 2019 Public Hearings) City Council Election District Princess Anne 6 Virginia Beach Request Conditional Use Permit (Assembly Use) Staff Recommendation '—'- 4s4 Approval - -.... Staff Planner Hoa N. Dao / Location 1145 Princess Anne Road GPIN T 2400493564 ,., Site Size i a.m. .��.r 63.10 acres AICUZ 1-j t Less than 65 dB DNL Nii, Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-1 &AG-2 Agricultural ' Surrounding Land Uses and Zoning Districts i , North t. • iii , Single-family dwelling, cultivated field /AG-1 & ' '�;.-. i` AG-2 Agricultural ---- ` ' . .4'.'/x South ¢y. ,, -.k ` - Via` +._i Single-family dwelling, cultivated fields/AG-1 & AG-2 Agricultural East Princess Anne Road s, ,, , Single-family dwellings, cultivated fields/R-5D � ,;'. i ,s. --- >. Residential, AG-2 Agricultural 1-,"� , West r"f , Y,- ' `.. Undeveloped land/AG-1 Agricultural .-_ ' ..' A • Wolfe Bros Events, LLC Agenda Item 6 Page 1 Background & Summary of Proposal • This application is a request for a Conditional Use Permit for an Assembly Use on a 63-acre site located in Blackwater in the Princess Anne District. Per the applicant's request,the application was deferred at the October 9, 2019, and December 5, 2019, Planning Commission public hearings in order to engage interested stakeholders. • As a result of these discussions, the applicant modified the original request reducing the number of outdoor events from 50 to 30 per calendar year and decreasing the maximum number of attendees from 250 to 150, except up to five of the 30 events may have up to 250 attendees. • A revised Site Plan was provided to Staff on May 11, 2020 showing the proposed venue building increased from 4,200 square feet to 5,565 square feet, including a 1,365 square foot future expansion on the north side of the venue building. • The applicant resides in the existing single-family dwelling on the property and operates a horse boarding business. • The subject property is surrounded by agriculturally zoned properties and land uses. The closest residential dwelling is approximately 1,000 feet from the proposed venue building. • Details associated with the proposed event venue are listed below: o Events will be held both indoors and outdoors. o Indoor events will be within the proposed 5,565 square foot structure. o Maximum occupancy of the venue will be established by the Building Official; however, in no case shall more than 150 people, or 250 people for five events, be permitted on the property regardless of the capacity authorized by the Building Official. o The number of indoor events will be unlimited. o Outdoor events will be limited to no more than 30 events per calendar year and will not have more than 150 attendees per event, except up to five of the 30 events may have up to 250 attendees. o Access to the site is via a paved driveway from Princess Anne Road. o Parking ■ The applicant has requested that alternative parking surfaces (bluestone sand and gravel) be allowed for on-site parking. The request is supported by the Director of Planning&Community Development pursuant to Section 203.b.5 of the Zoning Ordinance. ■ A minimum of 50 parking spaces are required for the proposed venue with a maximum of 250 attendees. ■ The proposed 42,000 square foot parking area has the capacity for up to 200 parking spaces without the use of valet parking. ■ Parking valet services will be provided for all events. ■ Due to the use of valets and valet parking, additional cars beyond 200 will fit in the parking area.. o Outdoor events will be concluded by 10:00 p.m.;therefore, no music, amplified or otherwise will occur after 10:00 p.m. o Indoor events will be concluded by 11:00 p.m.;therefore, no music, amplified or otherwise associated with indoor events will occur after 11:00 p.m. Wolfe Bros Events, LLC Agenda Item 6 Page 2 • _ Zoning History 1 # Request 1 SVR(Lot Width Reduction)Approved 06/23/2016 2 CRZ(AG-2 to Conditional B-2)Approved 7/7/2009 • 3 MOD(Modification of Conditions)Approved 9/24/2013 AG•1 CRZ(AG-2 to Conditional 0-2)Approved 11/8/1995 AG-1 CUP(Private Club, Lodge,Social Center, Eleemosynary l:zr. Establishment,Athletic Club)Approved 11/8/1995 4 CUP(Alternative Residential Devl.)Approved 6/14/2005 5 CUP(Residential Kennel)Approved 7/12/2000 AG-2 '• 6 CUP(Church)Approved 6/22/1999 AG-2 AG•2 CUP(Pre-school)Approved 6/23/1998 r_c`t3f;. A5 CUP(Church)Approved 8/14/1996 Application Types 4:�1� CUP—Conditional Use Permit REZ—Rezoning MOD—Modification of Conditions or Proffers FVR—Floodplain Variance CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP Land Use Plan STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The property is surrounded by agriculturally zoned property and land uses. The back half of the 63-acre property is heavily wooded.The events will primarily be held within the proposed 5,565 square feet building that will not be visible from the adjacent residential dwellings.The nearest residential dwelling is measured over 1,000 feet from the proposed venue building. No food preparation will be done on-site with the exception of reheating. Food for the events will be catered and brought to the site. The Agricultural Advisory Commission has reviewed the request and is opposed to having these type of uses on agricultural zoned property when they are not ancillary to an agricultural use. As a result,the applicant reduces the number of outdoor events to no more than 30 events per year for up to a maximum of 150 attendees per event, except up to five of the 30 events may have up to 250 attendees. In addition, amplified music, except for acoustical music, will be prohibited after 10:00 p.m and all events will be concluded by 11.00 p.m.Even with the revisions to the events,the Agricultural Advisory Commission is opposed to the request. While indoor events are not restricted to a maximum number of events per year or maximum number of attendees, they will be conducted within the enclosed 5,565 square feet building. Considering that the parcel is 63 acres in size and the nearest residential dwelling is located over 1,000 feet from the proposed venue area, Staff recommends the proposal be approved with the conditions listed below. Recommended Conditions 1. Except for ADA parking, alternative surfaces (bluestone sand and gravel) may be permitted for on-site for the minimum required number of parking spaces. ADA parking shall be provided in accordance with the ADA criteria. 2. The applicant/owner shall install and maintain a City standard commercial entrance at Princess Anne Road. Said entrance shall be installed in accordance with the City of Virginia Beach Department of Public Works Engineering Division Specifications and Standards. Wolfe Bros Events, LLC Agenda Item 6 Page 3 3. Outdoor events shall be limited to no more than thirty(30) per the calendar year and the maximum number of attendees shall not exceed 150 per event, except up to 5 of the 30 events may have up to 250 attendees. 4. All outdoor events shall be concluded by 10:00 p.m. and indoor events shall be concluded by 11:00 p.m. 5. Amplified music, except acoustical music,shall be prohibited after 10:00 p.m.for outdoor events and 11:00 p.m. for indoor events. 6. All lighting shall be contained on the subject property.The source of the light is to be shielded so as to not be visible from the property line of any adjacent residential use properties. 7. This Assembly Use may continue to operate on the site subject to an annual determination by the Planning Director or designee that the presence of the use is not detrimental to public health, safety, and welfare. Furthermore,the Assembly Use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise,traffic, or overflow parking. 8. A Site Plan shall be submitted to the Department of Planning& Community Development/Development Services Center to ensure compliance with applicable regulations for all proposed on-site improvements. Site Plan approval shall be obtained prior to issuance of a building permit,which shall be required for the proposed venue structure and any other improvement, per City regulations. In addition, a Certificate of Occupancy shall be required prior to the occupancy of the proposed venue building. 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. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area. The Rural Area is located in the southern half of Virginia Beach, south of Indian River and Sandbridge Roads. It is characterized as low,flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation,tree farms, equestrian facilities, wetland banks,fish farms, and other similar uses. An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach's valuable environmental, scenic and agricultural resources in the Rural Area against inappropriate activities and intense growth pressures. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high groundwater, poorly draining soils, and high-water surface elevations in downstream receiving waters. There does not appear to be any significant natural or cultural resources associated with the site. Wolfe Bros Events, LLC Agenda Item 6 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 5,800 ADT' 12,000 ADT (LOS°"D") Existing Land Use 2—10 ADT Proposed Land Use 3—No Data Available 'Average Daily Trips 2 as defined by a single-family 3 No information available in the °LOS=Level of Service dwelling ITE Trip Generation Manual for event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is considered a rural two lane highway with a 50-foot right-of-way. The Master Transportation Plan shows an undivided roadway with a bikeway and an ultimate right-of-way width of 100 feet. There are currently no roadway Capital Improvement Projects slated for this segment of the roadway. Public Utility Impacts Water City water is not available to this site. Impact on the private well will require Health Department approval. Sewer City sanitary sewer is not available. Any impact to an existing onsite sewage treatment facility requires Health Department approval. Public Outreach Information Planning Commission • The applicant/applicant's representative met with the Agricultural Advisory Commission on October 14, 2019 to discuss the details of the request. • One letter of opposition has been received by Staff noting concerns related to noise, traffic congestion, and incompatible use in the agricultural community. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on May 22, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020 and August 16, 2020. Wolfe Bros Events, LLC Agenda Item 6 Page 5 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 12, 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 August 21, 2020. Wolfe Bros Events, LLC Agenda Item 6 Page 6 13 O 0 Q. N rn r v O 1= PROPOSED VENUE PROPOSED PASTURE LAND BUILDING DRIVEWAY Ind (5.565 SF) (NTS) _ 8 8 .w. 77 lal- xe37:41. DWELLING - 1st POND ^i �`` EXIS N ' � it* : HORSE BARN �_ ,�• � (3.650 SF) illir4r x , hfi elk EXISTING • •• ' RESIDENCE it, • f ? \ (3 355 Sf)� ��� :' � PONO PROPOSED d �a 1420�SG NEAREST • DWELLING to .....iyx 1e7 +so.ss 1000FT) ��2 ^\y ��. O eg0.o J AGRICULTURAL LAND GRAPHIC SCALE o Yell uon : I 0 7.1 CO 1 o m m m v 3 rd°u 3 I V 01 n Proposed Venue Building Rendering igf-5111:11°1111° - i ; .t.-1 i \I.; !ii-'ii ,,,:,',,/1,/ [ 111111 kik A - , A ' 10:I'l ' 4 Fvfd. a ifiA" ... .''"} -Am. as Wolfe Bros Events, LLC Agenda Item 6 Page 8 Site Photos +" Y r ' 1 1 S r 9 'y tea a 5 !`ii.", '111ti t e.r. f_ ,> s iau _ _- — Yyd 4. gyp,jam)-x-j.. a': r t 1' 1 9.-. - ‘. .- 1 ! I Wolfe Bros Events, LLC Agenda Item 6 Page 9 Site Photos • i 1: :,1-• ',.,:, , - - - ....„, -.7....-.:----;Ar 4--... ir '''';-"4.74 F4( „,_ - lifig - It. ,fr. „,.-.4 0 1 --*„.. in - - iii ------ ..,„ i 4.-AR t, v . _--' / _,-__ , _,,,,,,,.......„:_ __...,i /- —- --,,,-----_-..A.-a. 4fiar' 4 41 A * - '' — ° "''. 10ki it ."''. .'''''` 4It'4,;',--?. 1,,,,_ w --, ;'• ' --;,- ,,,,,Ii;•,.-,,t."..k11-2 ,,, 4,Si.al A '-A, ' ':..!. :- , '':„.----**..-2t.'"7*.." „ .'•v'sli4,-:1,,,''..tre,,,.-, . --., . ;„, ,,--4-014*— 4. A, ..‘ vz ., , ,..411*,.....:,;* ,, ' - 441 :Ar.,.`„-. 44t. .. - - - ' ',-.4" . Aw 's 4 _ • . .......„ . • ...,.., ,,,... ,,,,,i , • •;......., , ... „,..e.,„ ...., ... 4•:„‘„,•• . ,.• ..,...„. ".,-,;,-,,..: ,„..„, ,,,,.. • : . :• . . .... . ,.... „.,,,....„.... .. . 4... 401.-1", ,,,,,,,,IN• , .• t..- „ , *4474';*7 .,,,,,, till' RI EIT F PAM - - A,A .ignin ---- IIII ' ...r... -1,_ ..-01 -.. —4-4 -.... ....ii Wolfe Bros Events, LLC Agenda Item 6 Page 10 Disclosure Statement Virginia Bear: APPLICANT'S NAME Wolfe Bros Events,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 I 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 Franchise Agreement Street Closure (Historic Review Board) g Chesapeake Bay Preservation Area Lease of City Property j 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/Ai dtsrlusures must b updated rw (Z)weeks prior to arN i Page 1 of 7 Firming Commission and Cie.Council n oetinu that pertains to the ac+plrcat'ontsi. Q APPLICANT NOTIFIED OF HEARING DATE. ® NO CHANCES AS OF DATE 08.13.2020 HD REVISIONS SUBMITTED DATE Wolfe Bros Events, LLC Agenda Item 6 Page 11 Disclosure Statement Virginia Beach DCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICAN_T!S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Wolfe Bros Events,LLC 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) Jeffrey Wolfe is the managing member. (B) List the businesses that have a parent-subsidiary t or affiliated business entity Z relationship with the Applicant: (Attach list if necessary) NONE 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. 0 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 Z of 7 Wolfe Bros Events, LLC Agenda Item 6 Page 12 Disclosure Statement NB Virginia Beach If a Corporation, list the names ofail officers, directors, members,trustees, etc.below: (Attach list if necessary) (6) List the businesses that have a parent-subsidiary t 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. 4 _, ♦ SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or and 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 Wolfe Bros Events, LLC Agenda Item 6 Page 13 Disclosure Statement IS3 APPLICANT Virginia Beath YES I NO [ SERVICE L PROVIDER(use additional sheets if needed) XAccounting and/or preparer of your tax return Architect/Landscape Architect/ ZEAL CONSTRUCTION Land Planner 'MORTON CONSTRUCTION IXlContract Purchaser(if other than x the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I I X purchaser of the subject property ` 1 (identify purchaser(s)and purchaser's service providers) X Construction Contractors 'ZEAL CONSTRUCTION Engineers/Surveyors/Agents HAYDEN FRYE Financing(include current ;TOWNE BANK ® I I mortgage holders and lenders selected or being considered to provide financing for acquisition I or construction of the property) _ _— Legal Services TROUTMAN SANDERS Real Estate Brokers/ x Agents/Realtors for current and 1 anticipated future sales of the subject property_ —4, SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have L . IX 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 Wolfe Bros Events, LLC Agenda Item 6 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true. and accurate. f understand that. upon receipt of notification that the application has been! scheduled for public hearing, I am responsible for updating the information I provided herein two weeks prior to the Planning Commission, Council, VRDAI meeting, or meeting of any public body or committee in connection with this Application. 445121 APPL • NAT RE PRINT NA E 1 t DATE 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. Wolfe Bros Events, LLC Agenda Item 6 Page 15 The verbatim of the June 24, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on August 25, 2020, again due to advertising error. Items # 7. Wolfe Bros Events, LLC Conditional Use Permit (Assembly Use) 1145 Princess Anne Road June 24, 2020 RECOMMENDED FOR DENIAL Mr. Landfair: Thank you Madam Chair. The next item on today's agenda is Agenda Item seven Wolfe Brothers Events, LLC for Conditional Use Permit request for an assembly use at 1145, Princess Anne Road in the Princess Anne District. The applicant's representative is RJ Nutter. Mr. Nutter, you have up to 10 minutes, please state your name for the record. Thank you. Mr. Nutter: Thank you, Mr. Landfair. For the record, my name is RJ Nutter I am an attorney, I represent Wolfe Brothers and I am pleased to be here today and I especially want to thank you for moving this request up the agenda. We were behind Thalia, so, it is big treat for us, so, thank you very much. I do have some handouts for if you do not mind, I am not sure the right procedure. Thank you. Thank you, Jonathan. As I indicated, I represent Wolfe Brothers and a little bit about Jeff and his brother Dan, they are Virginia Beach boys who are raised here. They went to Kellam High School. And their careers have been in and out of Virginia Beach and they wanted to come back here retire and start a small business. So, they purchased this property on Princess Anne Road to 1145, Princess Anne Road, and they wanted to open a small event venue for corporate meetings and for weddings. And I would tell you that since they file this application, they have had beyond measure the number of people who have called from Pungo Area who wanted to have a wedding at this residence, because they grew up in Pungo. In fact, the first wedding, if this is approved, would be for a large family from Pungo, who wanted to have far more people that we could even permit. So, to say that I can clearly tell you there is a strong need and desire for wedding venue like this, and in the Pungo Area. And couple of things about them in this application, it is really the perfect site and unlike 1 any other application I have ever handled for an event venue with this much separation, screening, and preparation to go along with it. As you know, it is the venue itself was 1300 feet from Princess Anne Road is located behind the existing home is right here, in fact, Jeff and his wife have moved in there, live there today. There is an existing barn, that is located right here. They are starting to fix up. And then the venue location is right behind that, right here. So, it is 1300 feet away. It is 1000 feet from the closest dwelling. And on top of that, they have the stormwater system was already designed and put in place. And there are three existing stormwater ponds today. And they have confirmed with their engineers that this can handle the small additional area that is being added it for the barn. The parking area is former area where they would do horse training and so, forth. And,so, the good part about that is pervious and yet strong enough to support the parking. So, 100% of the parking for this use is on the property over 1000 feet from Princess Anne Road behind the existing residence. And I have never seen an event like that planned anywhere else in the City Virginia Beach. When weddings and corporate and meetings are held in churches, in country clubs, and restaurants surrounded by residential much, much closer without any of these accommodations. So, other nice thing about this is the venue being located here, as you have seen from the aerials this backs up to one of the large wetland estuary areas. So, it is going to not bother anybody, when they have a wedding, even with all the conditions that staff has put on here, which we agree with. So, I just want you to know that all of those conditions are acceptable and a couple things I point out about the conditions.The first is,we agreed voluntarily to reduce the number of events that we have previously applied for from 50 to 30, a year. We also, agreed to reduce the number of guests from 250 to 150, but to permit up to five of those 30 could be up to 250, because some of the demand in that area. Another important point I will point out to you is that one of the conditions requires that this be annually reviewed. So, if there is a problem it can be remedied, and the Planning Director has complete authority to go out there and make sure if there is a problem it is addressed by the applicant, or he will bring it back before the Commission and the Council. So, none of those conditions exist on any of the facilities that I have ever done. All of them are perfect here and there is a strong demand for this use. Now in terms of outreach, I want to tell you passing along the letters now and I appreciate that Jonathan. There are two adjacent property on it the first right here the 1000 feet away that is John and Joanne Henderson. They are actually excited about this, they came to speak in favor of this, when it was on the agenda in October. We felt like with the very application we did not want to 2 hold them up, so, we asked them to simply sign a letter which they have done. The other family is right here, and this is Mrs. Carol Webb Darden, she has lived at that location for over 50 years. She is excited, she said, I will come to counsel if I can get in and out pretty quickly and I understand that. So, you have an application that it meets every criteria you could ever think about for screening and for deployment of all of the resources on the site entirely, all the conditions are acceptable, and the adjacent property owners are in favor. In addition to that they went across the street, there is a small cul-de-sac with small neighborhood across the street they went to each and every single one of those property owners and talked to them over the course this period of time. No one had any objection. We understand you have two, one letter and one phone call in opposition. We are not sure where the person phone call lives, by venerate I want you to know that every property owner right around this is in favor of this application. And I did have an opportunity to here this morning informal session. And I understand a couple things, one is, this is not a threat of agricultural industry. This is a use that is routinely located in agricultural industries all over the state. It is in the Wine Country in Charlottesville, it is in Eastern Shore in the farm countries because millennials, like to have a wedding in a barn, for whatever reason, my son-in-law's wedding within barn and that is fine. But, I will tell you, it is not a rowdy event, families pay thousands of dollars for these events. It is the best day of those families lives, certainly, one of the most memorable. And so, this is a really wonderful event. This is not a problem. And, it is something we should celebrate. So, in terms of agricultural industry, we do not see ourselves with the threat to that and especially now hearings Mr. Horsley that the ordinance that you propose is coming up just next month. But, I think the fair thing even if that is adapted, is that we filed our application one year ago, in July 2019. So, it would not be fair to change the rules on an applicant, who's met with your staff, met with adjacent property owners and agreed to every condition they have been requested of them, have come here purchased the property, and made accommodations to go forward. That is just not how we do things. We do not do when we drafting new ordinances and we do not do things like that here in the General Assembly, quite frankly. One of the things I will share with you is, since moving here they have tried to be really good neighbors and being fit into the community. So, they have actually all the lumber they purchased for the improvements are making on the existing barn, have been through Crete hardware, even though they paid a higher price for that then it could have gone to lows and got a lower price. In addition to that, Billy Conboy who was the number one item on our agenda 3 today for a kennel down there. Billy has been hired to do the barn. He is very excited. He would have stayed but his wife is having a baby today. I know, I could not believe he is not here, but nonetheless. His wife was having a baby, so, he did not feel like comfortable staying and wanted to get home. And finally, we are working with Bennett's Creek Nursery right down the street and will be planning a lavender farm, where we can toward the front of this property. Because one of thing we heard from Agriculture Committee was that you are not doing any agriculture there, so, we thought, fine we would like to do that anyway. We continue to have the corresponding operation and we would have add this growing operation as well, all using local contractors. So, you have got a home grown guy retiring in Virginia Beach, starting a small business, reached out to support of all of his neighbors and worked for the Planning Commission to work for recommendation of approval. So, I would ask that you approve it. If the ordinance, Mr. Horsley is proposing next month, goes through, you would not have a proliferation of them if that was your concern. So, but this is not a threat and the people who know the best would be the two adjacent neighbors, both of whom have appeared peer before and both of them now signed letters of support. So, I am happy to answer any questions you all might have and I appreciate it, and Mr. Horsley I am sorry I never like to be opposite Mr. Horsley quite frankly, longtime friends and but even friends can disagree sometimes, so, at any rate, happy to answer any questions Madam Chairman. Ms. Oliver: Anybody having questions for Mr. Nutter? Yes, Mr. Weiner. Mr. Weiner: I mean, I am just finding out, today this ordinance is coming up. If you know that it was coming up? Mr. Nutter: I did not know, I would say this we had deferred this application voluntarily to allow the City and Staff to come up with an ordinance. I just did not know what it would be or when. So, since we waited nine months we felt like we had to go, so, I was delighted to hear it is right behind us. Mr. Weiner: I mean, I am just going throw this out there. Mr. Nutter: That is right. Mr. Weiner: If this was deferred so, you could sit down with them with this ordinance and discuss it further that would be possible. Mr. Nutter: I do not think it would be. In fact, the ordinance in my mind is the perfect solution. Because the concern that was raised at least by many in the 4 Agricultural Community to me was that this might proliferate, but not be hundreds of these coming forward and that could undermine its property values, it could undermine all sorts of things. So, the fact that it is coming one month after us is perfect, because no other application you give him before that comes in now. So, it is own the way. And again we filed here, a year ago. Mr. Weiner: I understand that I just do not feel like this coming together. After hearing today, I am just hearing this morning that the ordinance has coming out today. Mr. Nutter: I understand. Mr. Weiner: I had no idea that was coming out so, and I do not feel like that we are not talking together. Mr. Nutter: I think the difference is that they do not want any and we feel like we deserve to have a shot of being one. That is the difference and that would cut off what we were told was a major concern that is the proliferation of these features. And there are several other who are down there today, so, this would cut that off, if that is the rule of the Planning Commission and the Council, and I do not know where that is. Ms. Oliver: Hold on Mr. Nutter, Mr. Redmond has got a question. Mr. Redmond: We do not like opposing Mr. Horsley, I do not like opposing either one of you, there is no easy spot here. I do want to make couple clarifying points,first of one is or what a year you have been requiring people to abide by stormwater standards based on sea level rise in light for an ordinance I think the past what two weeks ago, something like that. So, it is not unheard of that, we do kind of have a forward looking opinion about how we do some of those things. We are doing it and I have done it. Mr. Nutter: Right, exactly. Mr. Redmond: On in a very high profile way. At the same time there is a concern Mr. Inman has been rather articulate about the nature of changing the character of certain parts of the city and I mean, I am speaking specifically of short term rent. You know it is a legitimate concern I think to say. We are concern that the nature of our neighborhood or our part of the city is going to be changed now, how do you draw that line. I mean, we want to be one and instead of none and I understand all that too. It is not an easy spot or an easy decision to make. I did not sleep great last night. And, it was this 5 application was not wrong. So, in any event, but there are I think some of those considerations that you mentioned that we that do, we just do them, we have done them as part of a regular part, this is why I can think we should that today. Thank you. And I missed the discussion this morning I am sorry, I am sorry. Mr. Nutter: That is okay. Mr. Redmond: I apologize for that, but I do, I have known of this sometimes had discussions with both of these. Mr. Barnes: Yes sir. Oh, I am sorry, Mr. Redmond you finished? Mr. Redmond: Yes. Ms. Oliver: Mr. Barnes do you have a question for Mr. Nutter. Mr. Barnes: Yes madam, I do not have a question for him, but he stay there maybe. I think this particular application is the culmination of why this is taking place today, because the Agriculture Committee and the Advisory Commission and people that live there could see what was coming has been allowed in the past in certain areas, it was a big venue and Pungo, which is in Pungo proper that just does this, I mean, I guess it is okay, but that is right downtown Pungo. So, you do not have any exportation beyond that. So, I think the Farm Community down there, basically horses are not an afterthought and that is what this was originally was a horse farm. A lot of times what happens to those things that they buy them, not many people make money on them. It is a place to keep horses or whatever, and they end up getting sold because it is not a very proper thing and then you got this building that you do not know what to do with. So, you try to do what you can and I do not blame him for that. But what Mr. Nutter said in fact is that he sees a big need for this that it is beyond what he thinks is exactly the fact why we are doing this, we do not want this part of the City to be an event destination. The City spent a lot of money on agriculture and the AG Reserve Program to preserve space and keep the Farm Community there. So, we do not want to jeopardize that, but more traffic which we have to move equipment up and down the road all the time is the big problem with that anyhow. And, I think he just made the point that is why this this ordinances needs modification. I think, I can probably tell you more because he is a little bit of background on some of that stuff if he wants to talk about it. Mr. Horsley: I do not have any specific questions for Mr. Nutter now. 6 Ms. Oliver: Okay. Mr. Horsley: I think, I prefer to hear from the rest of the speakers and then we can make an analogy. Mr. Nutter: I understand or I do not believe we have any other. Ms. Oliver: I do not think there are any others. Mr. Horsley: There are no other speakers. Ms. Oliver: Yes, yeah. Ms. Klein: I have a question. Is the horse farm continuously congruent with the agricultural use because you are raising live animals. Mr. Barnes: Do what? Ms. Klein: So, if it is an agricultural zone area, and you are raising horses is that congruent? Mr. Barnes: Yeah, there is five parts of agriculture, there is agriculture, horticulture, viticulture, aquaculture, and I forgot what the other thing. Any case there is five others and agriculture that comes with animals come under the farm by agriculture, horticulture of course plants, viticulture being wine, aquaculture being fish. Ms. Klein: Okay. Ms. Oliver: Yes. Mr. Wall: Mr. Nutter, it is just going, maybe you have answered this, may be a specific. It is going to be maintained the horse or that they can aboard horse. Mr. Nutter: They will continue to aboard horses there, in fact the paddock is the area where the parking would be serve that purpose previously and the lady next door Mrs. Darden that is what she does, she raises horses and boards. Mr. Wall: Okay. Yeah, it does not look like the fence was down on the riding range, so, I had no. Mr. Nutter: Oh, I see, I just think, when they come to see, they are changing the barn and they are improving the existing barn and it was in pretty bad shape. Ms. Oliver: Mr. Nutter, I know and I am looking for it, I cannot seem to find it right now. There is condition from Planning Staff was put in here for a year review. 7 Mr. Nutter: Yes madam. Ms. Oliver: And I guess my question is, if after a year, it is not performing the way it was intended to or it is more than what was expected is do they lose that conditional use permit. Yes. Mr. Nutter: At first what happened, of course, I have never had this happen. Ms. Oliver: Why. Mr. Nutter: But I was told that what they would do is they first tried to work with the applicant to correct whatever problems that did not happen they would bring it back for the commission to revoke these. Ms. Oliver: You got a question for Mr. Nutter. Mr. Alcaraz: In the informal I would ask, as I remember when this came up I think it was the fall October. Mr. Nutter: October. Yes, sir. Mr. Alcaraz: And then again I asked in the informal for a copy or some kind of written form on the agricultural report. What I got was a proposed draft ordinance to change it. I just think, we asked them to defer it and now they come back to me is like that they have come back and now we are going to tell them that get post change. So, I am going to side with a approval. I just wanted to say that. Ms. Oliver: Yeah. Mr. Horsley. Mr. Horsley: I will give a little bit of history on the whole situation down here. Ms. Oliver: I might let Mr. Nutter, you might sit down. I know guys but you do not let him sit down. Mr. Horsley: He will probably know it by hard anyway. Ms. Oliver: And, I am going to go ahead and close this and open it up to the Commissioners. Mr. Horsley: Okay. Ms. Oliver: Go ahead. Mr. Horsley: Alright, about three years ago came some questions from some of the farmers in the area, mainly ones some of them in the produce business, 8 who do hayrides and U-Pick and things like this. And, with family events and they families come out there and then all of a suddenly, the daughter comes with them and then they say well this will be a wonderful place to have a wedding. So, the idea came up to few of these people and they said approach the AG Department and say we would like to look into maybe seeing if we could have weddings over there as ancillary used to our farming operation to help us because farming is not the most lucrative business in the world, even though some people think it is. But, so, anyway they started looking into it and we had set countless meetings with Mr.Tremor and I with Kay Wilson and we tried to kind of hash out what we thought would be the best thing and we would talk to some of the farmers and they would talk back to us and we could never come up with a good plan that they would not be all out, you know, deal with. I mean, a few weddings a year is pocket changes to some people, but you know, half dozen weddings a year to some people you can make couple of thousands of dollar that makes some difference in some folks. So, we could not come up with a good fix there. So, it kind of went mute for a while and then Mr. Nutter came up with his clients and they came up with this idea and it revitalized that way of thinking. But, some of these people when they saw all this happening and it was a big deal, I think original was 50 a year outside weddings and other events that take place, pretty big outfit. So, the Agriculture Community says, you know, after we discussed it at Planning Commission and the community really realized what was taking place they said we are about to bring this board AG Advisory Commission. So, Mr. Nutter and his clients came to the AG Advisory Commission in January, and presented a case and then they left an AG Advisory Commission discussed it and they said this is just too much to put in Agricultural Community. And, we can have this and Ms.Wilson was at the meeting and said you all go back and get with Ms.Wilson and see if you can come up with an ordinance. So, Steve and I and the Department of Agriculture Director and Bobby, and Mr. Tajan and I think Carolyn Smith was there. We sit for hour one day in the cag room trying to come up with a scenario that would fit everybody's needs. And we come up with, well we maybe do one a month. That would not work because that is not conducive enough for people to make a big investment, but that would not be too much on AG Community maybe. But anyway, make longer story short, we came up and finally said the best thing it looks us to like is to eliminate that as a conditional use. So, that is what we decided to do. I asked Ms. Wilson, if she draw up the ordinance and she has well in the meantime we have had COVID and all this other stuff going on and the AG Advisory has not had the opportunity, so, we are supposed to meet in April, 9 have not had opportunity to meet yet and go over it what was presented. So, we stand with the community basically, but they are pretty hard knows that they did not want it. So, I think the ordinance is coming forth will be what they are going to approve and recommend back to Planning Commission and Council. And I will be honest to Mr. Nutter if this had come in earlier with lesser numbers, I may have given in early on, I mean when it came in with the magnitude wise and then you have made some cuts and if you are up here and you said I made some cuts and you are still way up here is still way too many. I know you are thinking about the one that is in Pungo like Steve said and that is in a different area. That is not really in, it is in the agricultural area but it is not out in the country part, it is in a little community of Pungo and that is limited to 20 a year from what I remember. But, even with the numbers you come in, the magnitude of that is just gone. The people say the roads, it would be more extra traffic on the road, you put that 30 big weddings a year, thereon Princess Anne Road and if they are going to be on weekends that is a busy time on Princess Anne Road, people going back and forth from North Carolina to Sandbridge in Virginia Beach, that Princess Anne Road is a very busy road and then you throw farm equipment on it during busy seasons it really gets to be a hazardous. So, it just too much for the area and it is a commercial venture and that would be taking place, I appreciate the idea of keeping a few horses to board to say this agriculture is fine, but it is just not enough, it is just too far weighted to the commercial side and I just cannot support it today, I mean it is just too much going on. Mr. Barnes: Yes, madam. I am on agree with Donald. And the other thing this would not be the end of it, you know, once we allow this, then they are going to say why you allow this guy to do this, and X number of weddings or events per day. So, it is not going to be the end of it, so, at some point in time this thing just has to stop. I mean, nobody else has gotten these today I am going to make a motion that we deny. Ms. Oliver: Before you make that I have a question. And then, I will get to Mr. Redmond. So, the ordinance, I mean, we obviously have not seen it. Ms. Wilson, if you could speak to what is coming ahead so, that we can understand whether this is the only one that is going down there or it is that change with this, what does the ordinance change. Ms. Wilson: What the ordinance changes is that today, if you wanted to put in assembly use in the AG there would be a conditional use permit. What the AG Advisory Commission would like to suggest to City Council and the Planning Commission is that it now be a prohibited use. 10 Ms. Oliver: So, there would not be anymore. Mr. Barnes: No more. Mr. Wilson: There would not be anymore. Ms. Oliver: So, this would be the only one with a yearly conditional use permit on it. Ms. Wilson: No there are I think three or four others. Mr. Barnes: But this will be the last one. Ms. Oliver: Thank you, this would be the last one. Ms. Wilson: Yes. This would be the last one. Mr. Barnes: Yes madam, but somebody got to be last, right. And, I think that was the one before. You know, I do not think it is just. So, I still move that we. Ms. Wilson: Mr. Redmond has one question. Mr. Barnes: Oh, you got one more question. Ms. Wilson: Yes sir. I do not think we are done yet. Mr. Redmond: No, I do not think we are done yet,just a couple of points I would like to make. So, I think, Mr. Horsley and I served together here 14 years, it is probably about 13 years and 11 months ago, I learned that matters in this part of the city it makes good sense to defer to his judgment. Because, he knows it better than I do. That is what the decision that I came. Now, sometimes you just feel really strongly about something and you do not agree. But, I have learned that he knows this better than I do. This looks like a fine wedding venue, it looks like a great place to get married. There are lots of places in Virginia Beach to get married. And, George to your point, I do think they have worked both sides and I really saw it, but you know, I think, the discussions that have been ongoing and lots of different permutations about that I do not think anybody has tried to double cross anybody. I do not think there was any sort of ever any kind of ill-will or ill- intent or yanking the rug out from under anybody, it is just sometimes we get these things there hard decisions to have make. But, I do think there is a legitimate concern in the Agriculture Community that it remained agricultural and I share it, and I really do. It is wonderful part of the city. It is wonderful industry to have so, many cities around us do not have anything like it, I feel like they are pride. I feel really privileged that we have the Agriculture Industry in Virginia Beach that we do and I want to keep it and 11 maintain it. I do not know that this one thing is a threat to it. But, I know that the people who know it best are concerned about it and that gives me concern. Mr. Nutter has does a marvelous job of framing his cases and what he says is very appealing. But, to my judgment, I feel like I just have to defer the folks who know that better. And based on my own judgment that this industry is so, critical to us and this way of life is so, critical for the identity of the city I will follow Mr. Horsley's lead proportionately and oppose the application. But, with full knowledge, I think that everybody called in this today which has gone on for a long time really has had in good faith. Ms. Oliver: Thank you. Mr. Weiner and then Mr. Inman. Mr. Weiner: I unlike David, because I really want to see something happened here somehow somebody worked together. Mr. or someone asked you a question and I know he said it toward lower numbers you might think of maybe supporting maybe 10 or 12a year, who was down that low. Would that be some or just completely. Mr. Horsley: I do not think they would entertain any numbers like that. Mr. Weiner: Okay, I just wanted to ask the question. Ms. Oliver: Mr. Inman and then Mr. Wall. Mr. Inman: But that sort of allow the lines always we could not talk about what David just said, as I am concerned about the potential volume of events, 30 events a year, and the fact that how late he can go. The music has to stop at 10, but the party to be want to clear out at 11, I am not sure how well that can be really monitored way down there, but we all know the sound travels more at night than any other time and I just worry about the impact on tranquility of life down (inaudible 01:15:40)with that amount of entertainment going on that particular location. I realized it is probably is that is far off Princess Anne Road as you might want to get in that respect, but still I think the sound would travel a lot. Ms. Oliver: Yeah, well. I think Mr. Wall. Mr. Wall: Okay, I have two things. So, the first one is, maybe, this can be answered by Mr. Tajan. But, what are the buy rights uses, but simply uses on a property currently in the agricultural districts. It was mentioned in the word of the Board it is not like you limit all weddings in Pungo period. Nobody can have a wedding on any property in Pungo that is not, it is mentioned you can have four. 12 Mr. Tajan: The City Code allows special events for up to four. Mr. Wall: Up to four with the conditional use permit. Mr. Tajan: No,just special events instruments are permitted. Mr. Wall: Oh, special events in that condition, yeah, special events. Okay, so, it is not like means cut that out on a weddings ongoing from property at barns. The aesthetics seems like a great spot, I mean, I search the building and the property itself and it look like they will be a perfect venue for wedding. But at the same time, you know, I can see the commercialization in and out of this area as well as you hear you hear this many times, you know, well this is just one, you know, it is just this one application, which is going to hurt, but it also, it kind of sets the standard and the standard for fairness, you know, where do you drive, you know, are we fair for the next application and so, if we are trying to maintain the agricultural area, then it just appears that we would need to maintain it as best we can. As hard as it is for that one application that comes before us, as well you know I am going to do this and it is hidden, it is like, it is true. But, we have to look at it in the bigger picture. Ms. Oliver: Yes, Mr. Gram. Mr. Gram: So, I agree with a lot of what has been said here today, and I will say though Dave being a father of a 25-year-old who is actually going to get married in a barn in Pungo. It was very difficult and I almost had to spend the money to have that wedding in Charlottesville in a barn instead of Pungo. But as before I know a new dawn and maybe I could have had it at Mr.Horsley's farm, but, I think at this point and I totally trust the judgment of our two commissioners that live and work in Pungo and have been there for really doing for generations. But, I would like to hear from the applicant, what are they willing to do because it sounds like sitting here right now, it sounds like this vote may not go their way. And, I would just like to hear if there is some sort of compromise we did as George said, we basically asked them to defer, they deferred it and that deferral did not really work out in their favor. So, I just would like to hear, kind of, if there is any kind of compromise. Ms. Oliver: Mr. Nutter, you want address that question please. Mr. Nutter: Thank you, I will try to and you will know me, I am compromise as part of this business, to be perfectly honest with you. There are, however, certain limits to prevent that or prevent and redo which you can compromise and this is not something that is thrown together like a barn, you have put in a 13 normal farm. This is a very expensive building, lots of sound attenuation throughout the building. The sound system somewhere that Mr. Inman you talked about it is a special sound system that goes around in low levels around that structure. In fact, they have had it turned up as high as they could get it and no one could hear it at the street, no one. So, they have really taken great lengths and but the problem we have is with that kind of investment to do the right thing we could not cut much more to be very honest with you. I mean, we thought if they were left 20 at the another location there was no limits on the one at the Kellum Farm right here, right down the street, which is surrounded by residential has no limits on the amount they could have. And you can claim it is not agricultural, but that is in the middle of residential. So, we felt like 30 was a number they could still sustain their business model, going forward. In fact, we have reduced the number of people there because the average wedding in Virginia Beach is 120 people, as the average wedding. So, if we have to go to 125 to 130 or something like that and we could probably do that, but generically I will tell you, they are not loaded with people. But, there is a demand for them I can tell you that. And again, I still think the right answer, if you want to stop this and that is why we deferred this so, long is to wait for an ordinance that would do that. So, we have done that I just did not know it was literally in July, totally I did not know that. I have been following the City Attorney's Office, but I did not know that that was the case. But, we were working with you all to reduce the number, defer this nine months, so, that we could have it so, you would not have any more if that was your desire. So, I think that is a big compromise, that was a big compromise to enter themselves if it would not even fit, I understand that. I wish we could have more to give, but to be honest with you it just takes a certain number to make it work. Ms. Oliver: Thank you. Anybody else, Mr. Inman. Mr. Inman: Mr. Nutter, I realized in this COVID environment we are living and it is likely a really crazy question, but I mean, has the applicant anticipated possibly getting this approval and booked some events or has some tentative events booked there, what are they. Mr. Nutter: Yes, sir. They have had a lot of requests. I run of them the first request was from, I think I said earlier, a large family and Pungo, who wanted to have 350 people at the venue. And we told them that was way more than we could accommodate number one and number two we told them that the number we are limited to was 250 previously. And, that is why we went down to the 150 and allow us to have five weddings a year with what 250, and those are families down there who want to have those weddings. But, 14 otherwise I will tell you the average wedding is about 120 people. And, again what we found on these, Mr. Whitney is going to find out when he goes to his son's wedding is that not everybody comes in the way same time, they disperse over, because the people at my age level start to leave little earlier. And people who are a little younger, they will be a small group of them and stay till the bitter end. The last dance, if you will. But, most of the wedding party has left long before the end of the wedding. So, it is a very staggered situation. Mr. Inman: If I missed something in the conditions, is this condition to be weddings only. Mr. Nutter: No sir, it is not, it is corporate events as well. They have had a number of corporations want to go out for a day event at the barn. Have dinner there and go home. And many of the companies names you would recognize. Ms. Oliver: Mr. Barnes. Mr. Barnes: Yes madam. Could I repeat the motion please. Ms. Oliver: Well it is just a second, anybody else? Mr. Nutter, thank you so, much. Mr. Nutter: My pleasure. Mr. Barnes: Yes, madam. I make a motion that we done without this permit. Ms. Oliver: There is a motion by Mr. Barnes, seconded by Mr. Horsley, to deny it. Marchelle. Ms. Oliver: Oh, I am sorry. I have got to ask if anybody needs to abstain from this vote. No. Alright, then we will go ahead and call for the vote, Marchelle. Mr. Graham: I do you need to make it we go to looks like they are using Towne Bank for financing. Mr. Nutter: I did not see that. Mr. Horsley Madam Chair, I needed to disclose that I am on abort it to Towne Bank the financial institution that they have listed. Ms. Oliver: Okay. Mr. Inman. Mr. Inman: I will also, disclose than one the Towne Bank Advisory Board, Virginia Beach, and do not have sufficient financial interest or any decision making power over loans or such, I do not consider I have a conflict. And I will be vote. 15 Ms. Oliver: Great, thank you. That is it, we will go ahead and call for the vote Marchelle. Ms. Coleman: Okay. If you are in favor of a motion say, yes and if you are opposed say, no and this motion is to deny the application, Mr. Alcaraz. Mr. Alcaraz: No. Ms. Coleman: Mr. Barnes. Mr. Barnes: I am oppose, no I am not. Ms. Coleman: So, you are against, there is yes. Mr. Barnes: Yes. Ms. Coleman: Mr. Coston. Mr. Coston: No. Ms. Coleman: Mr. Gram. Mr. Gram: No. Ms. Coleman: Mr. Horsley. Mr. Horsley: Yes. Ms. Coleman: Mr. Inman. Mr. lnman: Yes. Ms. Coleman: Ms. Klein. Ms. Klein: No. Ms. Coleman: Mr. Redmond. Mr. Redmond: Yes. Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. 16 Ms. Coleman: Mr. Wall. Mr. Wall: Yes. Ms. Coleman: Mr. Weiner. Mr. Weiner: Yes. Ms. Coleman: Ms. Oliver. Ms. Oliver: Yes. Ms. Coleman: Okay. By recorded vote of seven for and four against Agenda Item seven is hereby recommended for denial by the Planning Commission. Ms. Oliver: Thank you. VOTE AYE 7 NAY 4 ABS 0 ABSENT 0 Alcaraz NAY Barnes AYE Coston NAY Graham NAY Horsley AYE Inman AYE Klein NAY Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions 1. Except for ADA parking, alternative surfaces (bluestone sand and gravel) may be permitted for on-site for the minimum required number of parking spaces. ADA parking shall be provided in accordance with the ADA criteria. 2. The applicant/owner shall install and maintain a City standard commercial entrance at Princess Anne Road. Said entrance shall be installed in accordance with the City of Virginia Beach Department of Public Works Engineering Division Specifications and Standards. 17 3. Outdoor events shall be limited to no more than thirty (30) per the calendar year and the maximum number of attendees shall not exceed 150 per event, except up to 5 of the 30 events may have up to 250 attendees. 4. All outdoor events shall be concluded by 10:00 p.m. and indoor events shall be concluded by 11:00 p.m. 5. Amplified music, except acoustical music, shall be prohibited after 10:00 p.m. for outdoor events and 11:00 p.m. for indoor events. 6. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of any adjacent residential use properties. 7. This Assembly Use may continue to operate on the site subject to an annual determination by the Planning Director or designee that the presence of the use is not detrimental to public health, safety, and welfare. Furthermore, the Assembly Use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. 8. A Site Plan shall be submitted to the Department of Planning & Community Development/Development Services Center to ensure compliance with applicable regulations for all proposed on-site improvements. Site Plan approval shall be obtained prior to issuance of a building permit, which shall be required for the proposed venue structure and any other improvement, per City regulations. In addition, a Certificate of Occupancy shall be required prior to the occupancy of the proposed venue building. 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. 18 Planning Commission 11/21/2019 Council District - Princess Anne This letter is regarding the hearing to be held on Dec. 05, 2019 for the applicant Wolfe Bros Events, LLC. I understand this organization has applied for a conditional use permit allowing them to conduct a business in a residential zone. Thirty-seven years ago my husband and I moved here to find privacy and a quiet neighborhood. We have invested a large amount of our finances and sweat equity into improving the property for our own benefit and our children's, (the neighbor's have also benefited). Our land value has steadily risen, along with land taxes. Allowing Wolfe Bros Events, LLC to conduct a business...a noisy one at that!...is the opposite of what this neighborhood represents. There will be noisy crowds and more traffic on this small two lane road. Our land values will decrease along with the peaceful atmosphere. We will not benefit in any way from this business changing our neighborhood. This is the country, not downtown. Please do not allow this application to go through. Sincerely, Betty McLaughlin 1133 Princess Anne Road Va. Beach, Va. 23457 1—i R�7.5 t --� R-7:5 Mandan Road Mandan Road I //// 4\ i CD 1 R=7:5 j •_., ZA Ch R=7 5 �, R-7.5 L \ 4:,_ I Z i 1 ' I N rA Site w��12'E L Property_Polygons Jacob Shortwf` 4905 Mandan Road S Zoning Parking Lot Drive Aisle Feet CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JACOB SHORT [Applicant& Property Owner] Conditional Use Permit(Short Term Rental) for the property located at 4905 Mandan Road (GPIN 1477231783). COUNCIL DISTRICT— BAYSIDE MEETING DATE: August 25, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a single-family dwelling on 7,500 square foot parcel zoned R-7.5 Residential District. This property is located in the Pocahontas Village neighborhood which is comprised of single-family dwellings. City records indicate that the three-bedroom home was constructed in 1962. The minimum number of parking spaces required for this use is one space per bedroom, or three spaces in this instance. 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. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or six total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. The applicant has also agreed to a revised condition that limits the number of bookings in a seven-day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. ■ Considerations: The three required off-street parking spaces are accommodated within the driveway in front of the dwelling unit. One of the spaces overhangs slightly into the public right-of-way. As this encroachment does not block any vehicular or pedestrian accessway and is located in the driveway that is dedicated to the dwelling, the Zoning Administrator deemed the parking plan acceptable. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can reasonably be met. Staff is not aware of any opposition to this request. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. Jacob Short Page 2of4 • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0 to recommend approval of this request; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1 . The following conditions shall only apply to the dwelling unit addressed as 4905 Mandan Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. 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 tree two (2)) 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 Jacob Short Page 3 of 4 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) one (1) 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) two (2) 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 Jacob Short Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department() City Manager: Mi2 'ABApplicant & Property Owner: Jacob Short Agenda Item Public Hearing: August 25, 2020 City Council Election District: Bayside 7 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval Staff Planner Summer Peebles ■ Location 4905 Mandan Road GPIN 1\140 1477231783 Site Size 7,500 square feet Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North �. T Mandan Road - = Single-family dwellings/ R-7.5 Residential South Single-family dwellings/ R-7.5 Residential East Single-family dwellings/ R-7.5 Residential West Single-family dwellings/ R-7.5 Residential E Jacob Short Agenda Item 7 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 7,500 square foot parcel zoned R-7.5 Residential district. • City records indicate this single-family dwelling was constructed in 1962. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • No records of zoning violations relating to Short Term Renal use were found associated with the subject address. Short Term Rentals in the Vicinity ( ,,\_;] �- -I II 14 . .. l rClefeltutcli P _ — _ I81108Rs 44. , Eilizir 111, STATUS • �' �0w Approved ; -• Denied ., r1 ' t. Q Under Renew "- • �,AlZ�`'/!I! Q Registered . Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three 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 bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 Jacob Short Agenda Item 7 Pane 2 B-3 ,rye, ,n� e � �'g,.J"1, 5 OI 33CDLlR'30 rill QI l� .SIOswam moo - Uf - i s � p € 7i.3oP No Zoning History to Report 43 Ft �1 11 �dalH� _ [ ogooQ[ O CdN�toyi Road . o c--2 IDd o -- o 0 1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This property is located in the Pocohantas Village subdivision which is compromised of Single-family dwellings. The three required off-street parking spaces are accommodated within the driveway in front of the dwelling unit. One of the spaces overhangs slightly into the public right-of-way. As this encroachment does not block any vehicular or pedestrian accessway, and is located in the driveway that is dedicated to the dwelling, the Zoning Administrator has deemed the parking plan acceptable. Parking on the street is allowed in this subdivision. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can reasonably be met. Staff is not aware of any opposition to this request. 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 4905 Mandan Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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. Jacob Short Agenda Item 7 Page 3 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two(2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Jacob Short Agenda Item 7 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 May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020 and August 16, 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 August 12, 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 August 21, 2020. Jacob Short Agenda Item 7 Page 5 Site Layout & Parking Plan LUf es (BLOCK 6 N 84^54'30' W 75.00' 1- _.. il LOT 9 0 WOOD FENCE-, PIN FOUND + 1 PIN FOUNC 3.8' 0.3'- - --. O.3' - .9 shed D "'_ WOOD FENCE p o Ox Z -RAME SHEu LOT 5 CO o _ GPIN 1477 23 1783 D z 1 2' WOOD FENCE„ In o g o HVAC 0 7'� 0 o o o 7.6 W .0 Ali Single-family to 1 Dwelling o v' 13.8 2 LOT 6 2 LOT 4 ���--CONCRE': 32.2' CONCRETE - Encroaches 4' into 3 right-of-way c t�V 0 PIN FOUNu s " " PIN FOUND S 8454'30- E 75.00' --- - 90. TO NARRAGANSETT DRIVE Mandan Road Jacob Short Agenda Item 7 Page 6 L aBed L wall epuaSv I-INS goper !.. 1 It. . ..... )1 --•,!..,-A.--,--f •:-;-„ ,i*,...,k,,,,,..,..,, ,it:: ., , : • _ � : , , �. , ,`` : -1 s fie. J6 'j* :'�`.Illt '- � !� � �' ''�/li ri,, soloyd al!s Site Photos • _ , • -„,. . .. _ . '--,t li - .;••• -Itti,'I- • • ,.. ' ,..4.„,,, , •tit!, ',„ •:* 4- ,t+441 --'. ..... .4 . ''',.41.....$'% , ' t,", ,,del , ; -..t. sr.,,,,,,,•, , -.. , 40. I 'it- 4'''• .... •/..-.1,;.'-.. '. 4 tb•ttor ',. - ,`• — - -a,1.'. a , i ..".lig,i:7,- ,-,- .., i t• ,,,,,,, ti . 7 IMP -...----..—.•-.. *.-. e ,..„,,....,"- __...„„ , •,WNW t V050/10.1 - 1 111 i 7 r ..._0 •••z- 0"...t---'---::'-''72.-:.7c- --,----'• _,.... .,„• . . ___ _ ,..,_ ....,_ ,,,. ., -- ,si,ft.-... - ,.. - - . . ,.. i - t ''' -----\--- . e.'• ,.. "'.-Y.'.•'N...',.- -..: -•• , -''', , 4:- r,,, t•t (- '4 • '.'..'' .; - - r. s•,t . ........ ''' k ' '..• - < .,,.. ..,. _ ,... -.,t, , • -s.,n ..,, . - ,...,-------''' - .i_Ler i • 1 r - • __ -.„..., .--,___ i . r.,_ ,_ _. 7--:---'-.".. 1:2 :... 1'..'-,..44ti .,..., * ,_ ,.... '.",1/4 , --- Jacob Short Agenda Item 7 Page 8 Disclosure Statement IN3 Virginia fit ar F, APPLICANT'S NAME a.c-c)\ S`^6( 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 I — Street Closure (Historic Review Board) i Franchise Agreement Chesapeake Bay Preservation Area r Lease of City Property Subdivision Variance Board Conditional Use Permit I License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/A'I disclosures must be updated two tZ)weeks prior to any ' Page 1 of 7 Planning_Commissionand Gay Council meeting that pertains to the a uplitatsr.r`ci . Ili APPLICANT NOTIFIED OF HEARING DATE- SJ,'r,rY>i.r I"PL1j,I<S NO CHANGES AS OF DATE 08/13/2020 0 REVISIONS SUBMITTED DATE 8/13/2020 '�f"'^^`�4Cblej Jacob Short Agenda Item 7 Page 9 Disclosure Statement .1%3 i° Virginia Beach L_ 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:__ ,r rJ( 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 ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. I 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. 1 t (A) List the Property Owner's name: CO --------- If an LLC, list the member's names: Page 2 of 7 Jacob Short Agenda Item 7 Page 10 Disclosure Statement 11/4)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 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 entitles. 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 Jacob Short Agenda Item 7 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if nth� tN'�^Accounting and/or preparer of 5K���ra4to a • �+► L=! your tax return krvice3 / LCC ® Architect/Landscape Architect/ Land Planner a 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 D mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ El 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 rj 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 Jacob Short Agenda Item 7 Page 12 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. SL rt" q.c(1 APPl CAN75SIGNATURE PRINT NAME DATE • Page 5 of 7 Jacob Short Agenda Item 7 Pane 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. Jacob Short Agenda Item 7 Page 14 ...-,.,_ .t : .----_..--------.4 _ _„--____---"-------'-- -- _.-----7 . ______ * III. ...•1.m....- '''... \ ---r , -----) __ -, 11,1111k- 10.'• 3 . __ - I #06\ J6 ----- ----II II ''I : 4 * ...0.,ik10--‘-4'.. • i , ---,I IIII -- ---,.... 0 1 WI , 0 14 -••=-,--;;---- ' "0 1----to & 0 •6-____ 19,;-\\ . ,/,///) , ____----_-_7_,_---8-11F.,.„.. ,,,.. ''./`‘:i_ i.TO, , 1--1 (": — , _ x &aims etra00-.0if 1 7-- _.... • , .......1.__ , . . -,___ , _ 1---:„- , tikic .7,... ,.. \- K ;-. j" .- ' ' -; -- ' '' '' /7 N.. . - - „ •-,-. . , „.._, r1 _.. . , .,.... , .. •, , • . . 1 .,. __ . i-d" x• .../- \,...- „...._.... J 1 (1) - ' ' N....1 , > 10 / ,43I L G.) < 0 D Ct - ‹.• I- - OA . I> \\ 'ie. iii • 0 0 -- ,- co _ r „ The verbatim of the June 10, 2020 Planning Commission meeting is provided below; however,the Planning Commission will consider the application on August 25, 2020, again due to advertising error. Items # 28. Jacob Short Conditional Use Permit (Short Term Rental) 4905 Mandan Road June 10, 2020 RECOMMEND FOR APPROVAL - CONSENT Ms. Coleman: Than kyou.The next order of business is the ConsentAgenda.There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion,the following applications will be placed on the ConsentAgenda: Items 1 , 2, 3, 4, 5, 7, 8, 10, 11 with amended condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight, City of Virginia Beach. Item eightis an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241 .2 of the Zoning Ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31 , 32, 33 and 34. Madam Chair,that concludes the consent agenda, noting that items, 1 , 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consentagenda.Are there anyquestionsfromthe Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman,the floor is yours. Thank you. Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank.We do not have any loan approval function.And I do not have 1 any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but! will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wieneryourmic is now open. Mr. Wiener: I move approval of the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein,your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications,Agenda Items, 1 , 2, 3, 4, 5, 7, 8, 10, 11 , 13, 14, 15, 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Seeing, no hands raised, the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair:Mr. Inman. 2 Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: March elle Coleman will announce the vote result. Ms. Coleman: By a recorded vote of eight,for and zero against the following Items 1 , 2, 3, 4, 5, 7, 8, 10, 11 , 13, 14, 15, 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31 , 32, 33 and 34 have been approved by consentwith the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit the meeting if you like thank you for your participation and I will hand the meeting back over to Bill. _ AYE 8 NAY 0 ABS 0 ABSENT3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein _ AYE Oliver AYE Redmond AYE _ Wall AYE 3 Weiner AYE Conditions: 1 . The following conditions shall only apply to the dwelling unit addressed as 4905 Mandan Road and the ShortTerm 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 anyConditional Use Permitfor a ShortTerm Rental where the ShortTerm 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 ShortTerm Rental shall be permitted with more than the allowed number of people who may stay overnight(numberof 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 notifythe new property ownerof requirements 'a'through 'c' below. This information must be submitted to the Department of Planning and Community Developmentfor 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 DevelopmentShort 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 ShortTerm 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, 4 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 sign age 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 extinguisherand,where natural gas or propane is present, carbon monoxide detectors shall be installed in each ShortTerm Rental. 5 ' _\ \ \ 1 t-----' 1 l.---- \---\ Ri5R(,N-E) R-SR(NE°) \ ' \1_, Iy \ _� .A , #.'/1/#;....4 \-' t \ ,----- --\ \ \ . _. - --- \ 1 \\ \ et h Sty ��. .•./ R-5R(N N Site Your Not Alone, LLC h L Property_Polygons ti n zoning 207 79th Street, Unit C Parking Lot Drive Aisle Feet Building 0 510 20 30 40 50 60 r0 +' [ ,4--'14%, 4. 1. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: YOUR NOT ALONE, LLC [Applicant] YOUR NOT ALONE, LLC, DONALD & DEBRA WALKER REVOCABLE TRUST [Owners] Conditional Use Permit (Short Term Rental) for the property located at 207 79th Street, Unit C (GPIN 24195873653207). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: August 25, 2020 • Background: The applicant is requesting to operate a Short Term Rental in a three-bedroom duplex unit in the North End that was constructed in 1986. Only one unit, Unit C, in the duplex is the subject of this application. The site is approximately 3,175 square feet and is zoned R-5R Residential District (North End Corridor Overlay). The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or six total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: The property is located at the North End at the oceanfront. It is common practice along 79th Street and on many streets at the North End for property owners and their guests to park in a portion of the right-of-way that is clearly the driveway associated with a specific dwelling unit. This is the case for this applicant as only two of the required three parking spaces can be fully accommodated on-site outside of the right-of-way, but fully in the driveway. The applicant submitted a parking plan that depicts all three spaces in the driveway; however, one of the spaces encroaches into the right-of-way. On-street parking is not permitted on this portion of 79th Street due to the reduced pavement width and existing driveway aprons, which reinforces the reasoning for property owners to park as described above. Because of the potential for blocking the sidewalk, a condition is recommended that a "No Blocking Sidewalk" sign be installed on the site. Acknowledging the high demand for on-street parking in the North End and based on the uniqueness of a City sidewalk and distance from the edge of pavement, the Zoning Administrator concluded that the parking space in the right-of-way could be accommodated without inconvenience to the public. The Planning Commission, however, disagreed. At the June 10, 2020 Planning Commission public hearing, Your Not Alone, LLC Page 2 of 4 the motion to approve failed with a vote of 4 to 4. The discussion revolved around the deficiencies related to the proposed parking plan. There were no citizen speakers at the Planning Commission public hearing. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. Following the June Planning Commission public hearing, Staff received five emails from neighboring property owners who expressed concerns about the inherent nature of the Short Term Rental use, including the potential for disruptive noise levels and behavior of guests. • Recommendations: On June 10, 2020, the Planning Commission's motion to recommend approval of this request failed by a vote of 4-4, therefore the item is recommended for denial. Due to an advertising error, the item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and number of rentals to one per week. If the City Council wishes to consider approval of the application, the following conditions are provided for consideration: 1. The following conditions shall only apply to the dwelling unit addressed as 207 79th Street, Unit C 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. An all-weather "No Blocking Sidewalk" sign shall be erected on the owners private property within clear view of the parking space in the City right-of-way (driveway). The location, material, and content of the sign shall be submitted for review by the Zoning Administrator within 30 days of a favorable decision by City Council. Said sign shall be installed on the property, at a location deemed acceptable to City Staff, within 60 days of the Zoning Administrator's approval. 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. Your Not Alone, LLC Page 3of4 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 thrcc two (2)) 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.A11 refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11.Accessory structures shall not be used or occupied as Short Term Rental. 12.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13.The Short Term Rental shall have no more than two(2)one (1) rental contracts during any consecutive seven (7) day period. Your Not Alone, LLC Page 4 of 4 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) two (2) 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 Letters of Opposition Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department City Manager: OS) Applicant: Your Not Alone, LLC Agenda Item Property Owner: Your Not Alone, LLC and Donald & Debra WalkerPublic c'rtyo Hearing: Revocable AugustTrust 25, 2020 8 Virginia Beach city Council Election District: Lynnhaven Request Conditional Use Permit(Short Term Rental) Staff Recommendation ..0 it Approval "o rye _so% Staff Planner g)we-tfee 1 ee` } ,' Marchelle Coleman ^d 51, 91 s1 SVeek', Location s"eo`A 207 79th Street, Unit C Er1":91.`-\ GPIN 1-,.... "' 24195873653207 ' , Site Size 7olh week 3,174 square feet iv 724 Steel Existing Land Use and Zoning District 3 t Duplex dwelling/R-5R Residential (North End Overlay) Surrounding Land Uses and Zoning Districts North *e Duplex dwelling/R-5R Residential (North End T Overlay) wt South . It* -4 _,... , , 79th Street �_ �` 1) Duplex dwellings/R-5R Residential(North End y Overlay) s ` r� ,F : East tir. Duplex dwelling/R-5R Residential (North End Ili ,,,fi�`e` Overlay) 4 r West a l. . Duplex dwelling/R-5R Residential (North End rt. . : �; , Overlay) ,-. - -,_-.- \s„ ,,,... ... -.: , 1\:.., r ? Iiiie Your Not Alone, LLC Agenda Item 8 Page 1 Background & Summary of Proposal Site Conditions and History • This site is approximately 3,174 square feet and is zoned R-5R Residential (North End Overlay) District. • City records indicate the existing duplex dwelling was constructed in 1986. Only one of the units, Unit C, is under consideration for a Conditional Use Permit for a Short Term Rental. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. On- street parking is not permitted on this portion of 79th Street due to the reduced pavement width and existing driveway aprons. "No Parking" signs are installed along this segment indicating that no parking is allowed on pavement. • There are no previous zoning violations or City Council actions found for the property. Short Term Rentals in the Vicinity S�re�rfy$ tee _.._ 83td � e Ji I% 1 -St ee 1100 � CS-�gtcee . * IL`. '11t1i .00 ; "SA .t, IV ;,�11V . � 1 's AtWe STATUS •Oa O A(,c_.e; St I;Ali • Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three-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 bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 2* Your Not Alone, LLC Agenda Item 8 Page 2 *Two parking spaces are provided on-site and the third space is within the driveway but located within the public right-of-way, as shown on page six of this report. ' stNsI t t `,( r" R-SR(NE) C7; NI1 LS "�s"( y 1-- Zoning History � y � j � t # Request R- ►� 1 NON(Enlargement of a Nonconforming Use)Approved R-SRtN ) 05/19/2015 rris st \ 2 NON(Enlargement of a Nonconforming Use) Denied 05/27/2003 tro Application Types MOD—Modification of Conditions or CUP—Conditional Use Permit FVR—Floodplain Variance REZ—Rezoning Proffers LUP—Land Use Plan ALT—AlternativeCompliance CRZ—Conditional Rezoning NON—Nonconforming Use STR—Short Term Rental SVR—Subdivision Variance STC—Street Closure Evaluation & Recommendation As stated previously, Unit C within this existing duplex has three bedrooms,and therefore requires three off-street parking spaces.The applicant provided an alternative parking plan that depicts two on-site parking spaces and a third space in the driveway,although technically located in the right-of-way. One of the on-site parking spaces is deficient in width by one foot(8'x 18' rather than the standard 9'x 18'); however, this meets the size requirement for a compact car space.As evidenced during the field visit to the property, it was revealed that it is common along 79th Street for vehicles to be parked in the area of the driveway that is technically within the right-of-way and gives the appearance of being on private property.The photograph on page eight of this report provides evidence of this situation.A vehicle parked in the driveway has the potential to block the sidewalk. Based on this,condition number three is recommended that requires the installation of a "No Blocking Sidewalk"sign to be posted on the owners private property in a location reviewed and approved by the Zoning Administrator. Acknowledging the high demand for on-street parking in the North End,and based on the uniqueness of a City sidewalk located on a dead end street,the Zoning Administrator concludes that the third space could be accommodated in the driveway(right-of-way)without inconvenience to the public,and has approved the alternative parking plan,subject to the conditions below. In Staff's view,the requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Your Not Alone, LLC Agenda Item 8 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 207 79th Street, Unit C 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. An all-weather"No Blocking Sidewalk"sign shall be erected on the owners private property within clear view of the parking space in the City right-of-way(driveway).The location, material,and content of the sign shall be submitted for review by the Zoning Administrator within 30 days of a favorable decision by City Council.Said sign shall be installed on the property, at a location deemed acceptable to City Staff,within 60 days of the Zoning Administrator's approval. 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 (3)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. Your Not Alone, LLC Agenda Item 8 Page 4 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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020 and August 16, 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 August 12, 2020. Your Not Alone, LLC Agenda Item 8 Page 5 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-cou ncil/Documents/BookmarkedAgenda.pdf on August 21,2020. Your Not Alone, LLC Agenda Item 8 Page 6 Site Layout & Parking Plan / c),`4: 47:-/-rcit:iet:1:171::::1171‘°\i'l-- / • 35.on' rQr LI Flo. Property i�Y �*•+/A4 417, "ii ,P / Line - ; ; Approximate iF area of "No II 3 Ui Blocking '�,1 Restricted General- ° V ., ik` 1 • ..., c S bW ommon Area 1 t- Short Term i Q Sidewalk" sign 0 * 7-a1 d Rental 0Restricted General a a near mailboxes Common Area 2 C t D . Unit C V • Restricted General Common Area 3 II ; r i THE PROPERTY SHOWN HEREON r 9 IS LOCATED IN FLOOD ZONE C- Ao 1 J AS SHOWN ON F.E.M.4. ROOD Lr , i HAZARD MAP GOMMt1VtTY-PANEL / 77 l" - NVhIbER 51SS� as/DC.!• �, t/ Parking 4cl lump - A,N I'ij 1485 •1! Spaces 41 S1 3` Cit'Sidewatk Pathway A a • 18' 27' from Sidewalk to 4--110, 79el Street 9' ♦ Edge of Payment ♦ 79th Street (80' r-o-w) Your Not Alone, LLC Agenda Item 8 Page 7 Proposed "No Blocking Sidewalk" Sign .40 4"White 12" PVC Flat •14NtNi Final Cap t 4 ,, , . NO1 .,," Substrate: 18„ -i = 3/16" ACM BLOCKING SIDEWALK -,---45" 4" x 4" , At• • , , Wood Post .. .a�. y� ,ai 4. lt # - 27" -s + . s x a 'r F s F ZE l s { a ';my < pit Your Not Alone, LLC Agenda Item 8 Page 8 Site Photos m77I 9 : x g GOO* c,.sne.vex. - - - ,n • ' �. j - Entrance��%� ".....411P to Site -� _ • 0 " 0 8 ,F.,,,,,EF.:1_, 111E1 1111"Filr:r 7,1}. ;II -- F III 1110 . ivs.-_ wG'k at_RF''r 1 ' � _ i Ems s4s# 1. �I i. I . E iiiit - — 'I am_ r y '�._ t-e. ..-t-r,..5_ .... . c +... -.-_ Y_-.--_ . ._ Your Not Alone, LLC Agenda Item 8 Page 9 Site Photos ,___________—___.------- ____ __ . _____ _------___--------, ___ ---- -----„--- __-_--- , e..... _ , ------7 ---:-_-- I F .Ric ._ , ......_ . .,.. 11111110111 1...r re., a. r ..., - r r II-- , ..„_„,„ .., 1 1 .„ w T r , 1 , ---- IP _ Approximate location of "No Blocking Sidewalk"sign ' x ,.. .—— :4- .... -- ., . • 4 II A*t_o• - I i riouloy . 0 IL?.,...i....._. , , . ... . e. _ . __ 1111r-- '"4.11111, '...4r- 0i14 .. . _ . . , ...- . j. „ - . _ r '— — ,-: ' -,--.,. • - —'7... i• I, r Your Not Alone, LLC Agenda Item 8 Page 10 Disclosure Statement \n srjnin t; . APPLICANT'S NAME Your Not Alone, 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 t21 weeks prior to any Page 1 of 7 Planning Commission and Cite Council meeting that pertains to the applicalirr;61 APPLICANT NOTIFIED OF HEARING DAI! as NO CHANGES AS OF DAI 08.12.2020 MC REVISIONS SUBMITTED DAT Your Not Alone, LLC Agenda Item 8 Page 11 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. • Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Your Not Alone, LLC If an LLC, list all member's names: Michael J. Hunt If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A 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 Your Not Alone, LLC Agenda Item 8 Page 12 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 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 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 Your Not Alone, LLC Agenda Item 8 Page 13 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) nAccounting and/or preparer of Myron Nehan your tax return ZArchitect/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) • XConstruction 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) • MLegal Services Real Estate Brokers/ • h( Agents/Realtors for current and I� 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 Your Not Alone, LLC Agenda Item 8 Page 14 Disclosure Statement =YDp 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. _ �-- APPLICANT'S SIGNATURE PRINT NAM �1 DATE AII Page 5 of 7 Your Not Alone, LLC Agenda Item 8 Page 15 Disclosure Statement Vi3 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets it needed) AA Accounting and/or preparer of your tax return n Architect/Landscape Architect/ u I/`I Land Planner Contract Purchaser(if other than Illn the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) u ® Construction Contractors 17 Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) u 7 Legal Services Real Estate Brokers/ El X 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 (�I 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 Your Not Alone, LLC Agenda Item 8 Page 16 Disclosure Statement 1VB 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. 7J}-E-Gel. AJ ti- cLae, r�l�ktr �i�1120 t)rrlc v ealee/ 3//5/zo PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Your Not Alone, LLC Agenda Item 8 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. Your Not Alone, LLC Agenda Item 8 Page 18 c _ , i-..-----------00-- 111011111111 — ----lirt, \A __ --- 4,7'-'746:. ' iiri. 106111.11 ':\I\I Di --------- I r is . ....„--,_, ,t;,,,,*.,.. - % s ------- •••'\ , ..„ --1-i-1 i ‘ t, 1111 l'S � . _ IRO Igtiv-__.\1 i, 11 10 : 10 7:----latitAregit .- a 101111,4w4 .,.c4, iss _-..:5D .._ 11144 , • Ifi . - tip, Siffillivm:c\::',,.:,L..1, \.i'Satl; eat' �� . 6111- • 11 ,I 11i!!li ,wt.= - \\\ ' I Stii r-• . - I Nati. 0' o'l \ STATUS -----' ,, I � 1 • Approved 10 ' thee li ' 1 .�`.t . � Denied ti , ti riM � , 0 Under Review x-1 .5 h _It,, istt _ 0 Registered t ' ‘ '__ �' The verbatim of the June 10, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on August 25, 2020, again due to advertising error. Items # 8 Your Not Alone, LLC [Applicant] Donald & Debra Walker Revocable Trust [Owners] Conditional Use Permit (Short Term Rental) 207 79th Street, Unit C June 10, 2020 RECOMMEND FOR DENIAL - HEARD Ms. Landfair: Madam Chair and members of the Planning Commission. The next order of business is the regular agenda. The presentation of the Regular Agenda is as follows. Statements by the applicant or applicant's representative followed by questions by the Planning Commission of the applicant or staff. Statements by any registered speakers followed by questions by the Planning Commission of the speaker or staff. Rebuttal by the applicant or applicant's representative followed by questions by the Planning Commission if desired of the applicant or Staff and deliberation of the application by the Planning Commission with a motion followed by a vote. There are six items on the Regular Agenda items 9, 22, 23, 24, 25 and 30. Agenda Item nine, You Are Not Alone, LLC for a Conditional Use Permit requests for Short Term Rental at 207 79th Street, Unit C in the Lynnhaven district. The applicant is Michael Hunt. Mr. Hunt has signed up to speak. Please provide a summary of your request and remember to identify yourself for the record and pause three seconds before speaking so that we can activate your microphone. Mr. Hunt you have the floor. Thank you. Mr. Hunt: Thank you, Commission and Commission Members. This is Michael Hunt that has a You Are Not Alone, LLC at Unit-C on 79th Street. What I like to say is I am North ender, I lived in that home for 15 years. I know most all the neighbors on the whole street, we get along great, we still go to the beach together ride bikes together, even though I moved over to Linkhorn Bay and we are all friends and I started remodeling the place back in February and told them what I was going to do. My intentions were to really move back into my home, then in a couple of years and my next door neighbor who is 207B had Short Term Rental which I did not even know about had parking there and they did not have more than two cars that I could ever see. He never had more than a maybe one family there, which I would plan to do and he never have more than one family. Unless their 1 grandkids want to come down and they only have two cars. Never had a problem with parking and I am glad you brought that up because I was thinking about it. So, I talked to him next door and he says he never had more than two cars. I have never seen more than two cars there. And we do not want more than two cars and I did that for Zoning because they said if you got three bedrooms so you need three cars on it. They diagrammed it out as you can see and three cars are there using a little bit of the apron, not much and as I mentioned, it is not but a foot difference there that the three cars on back to back. Also, for Zoning, they asked that I put up a sign that said do not block sidewalk in case a mailman comes through and cannot get through. But, you cannot see a sidewalk across it and see the pavement. It is an invisible sidewalk, but we put that sign up as Zoning asked. I think we followed all the rules and regulations of Zoning and they approved it and my thoughts are the gentlemen across the street and my neighbors, one of the gentleman across the street will be my property manager. He will make sure there are no more than two cars there or he will go over and talk to them about it because I will put that in the Airbnb, Short Term Rental lease. We do not want more than two cars I have never seen and watched four years over the guy next door and he said, Mike, I have never had a problem. And as you can see, there has been no rebuttal from anybody on that street because we are all friends,we are all neighbors. And I do not want to become anybody but a good friendly neighbor because we are planning on use now. We have grandkids that live in Richmond, their best friends live around the corner, they come down and want to stay and that too when it was not rented and they just have the one car that they would bring. So, I do not see, I will probably be the better of anybody on that street of controlling and making sure that that is great site has no more than two cars on it and some history shows that the gentleman next door never seen more than two cars on it and he did not wanted, and he is all for me. The neighbors are all for it, they are okay with it. The neighbor next door is going to be helping me with the rental. And she will watch out for, she had an Airbnb also. The sister of the guy that will be checking in the guests that is across the street part-time with a sister who will be watching out for the cars coming and going and people coming and going. So, we will have heavy restrictions on what people will be doing because if we move back in, we certainly do not want to have any conflicts with our neighbors. But we thank Zoning for figuring out a way to put three cars on there, but we do not see or we will ever more than two cars and we can make that a adapted to the Airbnb guidelines. Thank you all for listening to me. I appreciate you listening to me. And if you have any alternatives for me, 2 please tell me I will be glad to listen anything you would like for me to do, but I want to follow all your rules and regulations. Thank you so much. Ms. Landfair: Are there any questions of the applicant by the Planning Commission? If so, please raise your virtual hand. Are there any more questions of the applicant at this time by the Commission? There are no more speakers Madam Chair, you have the floor Ms. Oliver for Planning Commission discussion. Ms. Oliver: Thank you, Bill. I am going to open up the floor for discussion by the Planning Commission or entertain a motion. Please raise your hand if you have a comment or a motion and staff will open your microphone. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman your mic is open for comment. Mr. Inman: Thank you, Bill. As I said in the informal session, I have a problem with the fact that there is a parking space in the City right-of-way and I do not believe that complies with the express provisions in the ordinance, which says it must be onsite parking. I do not have anything against Mr. Hunt's proposal, otherwise, he sounds like a fine fellow who has sort of tested the market so to speak with his neighbors, he has a good plan to try to be a good neighbor while he is using those for Short Term Rental. I do not like setting this precedent of having the parking in the City right-of-way, despite the fact that it looks like it may stay that way for a long time. And I did not have a problem in this case because it is a sidewalk there and while I know Mr. Hunt says he does not expect or want more than two cars, he could still get end up with three cars there when someone's visiting as a Short Term Rental, whether it be occupants who are staying there or visitors who come to see them. And I think it is very likely in many occasions people will park on top of the sidewalk inadvertently on until they get up to the house or maybe never even noticed the sign, there is another vehicle parked in front of it. So I would oppose this application. I am wondering from staff and do not think I heard Mr. Hunt reference, is there another permit that has been issued Conditional Use Permit on this property? That is a question. Thank you. Mr. Landfair: Mr. Tajan. Mr. Tajan: Mr. Inman No, there is not another Conditional Use Permit that has been granted to this property. I believe Mr. Hunt was confusing his review with the Zoning Staff, referring to them as a Commission but there is no other 3 approval. Although I do not believe the other unit may be registered and grandfather. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Weiner. Commissioner Weiner your mic is open for comment. Mr. Weiner: Mr. Landfair, Can you bring up the parking diagram to look at there is a note on yours that there is not a note on the package that I have right there, down at the bottom next to number three public right away begins at the property line on 79th Street I see. Okay, okay. I read that wrong, my fault. You know, this is a North End situation where we have approved these before, and we were consistently approving them. I know we have a situation in North End, we talked about it before. Yes, the driveway does go into the right-of-way, but it is that way. I do not understand. So you know we are 18 to 27 feet. I do not see a problem with parking there. It is got to be used for something. And if a car's parked there just one car and I do not have a problem with that. I am going to be supporting it. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Alcaraz. Commissioner Mr. Alcaraz, your mic is open for comment. Ms. Alcaraz: Thanks, Bill. This is George Alcaraz. Again, as stated in the informal, I agree with Mr. Inman. We have three bedrooms, three required parking spaces, one parking space is off site. Another parking space is not standard to the nine by 18. So actually, they have one parking space this by the ordinance, so I am going to have to not recommend this approval too, I'm not approving it. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Wall. Commissioner Wall your mic is open for comment. Mr. Wall: Thank you. This is Jack Wall and I can concur with that, but to be consistent, I think we have approved whether it is one foot over the right away or whether it is three feet or 18 feet into the right away if that is a typical parking strategy, then I am fine with it. And that appears to be the case on 79th Street. I think that you know, some of the comments that Mr. Hunt had, he seems to be an outstanding neighbor you know, genuine, sincere. However, in the parking space number two is deficient by one foot and whether it is deficient by six inches, if we are looking not by 18 spaces, or deficient by four feet, you know, where do we draw that line is our standard now 18 by eight and not 18 by nine. So, you know, for that I think that is something you know, we need to decide on and I think you know, 4 that is applicable to this application but it is applicable also to other applications. So, that's a substring by right now for any responses. Mr. Landfair: Staff acknowledges the virtual hand raised by Planning Commissioner Coston. Commissioner Coston your mic is open for comment. Mr. Coston: As we look at this item, that the situation exists there that can never be fixed until there is a large developer who would develop the whole thing. And I do not see why we would prohibit this guy from operating in his own driveway. Technically it is his driveway and the sidewalk noted there is really the driveway, I mean, there is not a separate sidewalk in the middle of that right away. I will be supporting it. Mr. Landfair: Staff acknowledges the virtual hand raised by Planning Commissioner Redmond. Commissioner Redmond your mic is open for comment. Mr. Redmond:Thank you, Bill. I agree with Mr. Wiener and Mr. Coston. Look, I park my car at the end of my driveway in the City right-of-way, probably four times a week when I am pulling out the lawn mower and it just makes it easier for me to get in and out of my garage or to do anything. The idea that in your own garage with this paper designation of city right of way that you are in any way impeding anything strikes me as you know as not terribly credible. So I mean, I understand we can disagree on those things. But, it is a difference without a distinction. Jack to your question about the parking space, the length of the parking space, as I said this morning, I mean, I have never owned an eight foot wide car, let alone a nine foot wide car. And it just seems to me that is we are splitting hairs on stuff like that standard does not make much sense to me. I do not know if there is a better one, but it does not make much sense to me. This is an application where there is no opposition, all his neighbors are friends, they may well be one that exists already as Bobby mentioned with regard to the to the grandfather unit next door, which so far has not had a lot of incidents. So I do not really see what is terribly objectionable about this application to me, I will be supporting it and I thank you. Mr. Landfair: Staff acknowledges the virtual hand raised by Planning Commissioner Weiner. Commissioner Wiener, your mic is open for comment. Mr. Weiner: Thank you, Mr. Landfair. I want to go back to being consistent again just want to point out one thing real quick. I have made a bunch of notes here listening to everything today and I did watch the Council Meeting last night most of it, but if something happens and we go back in, staff do not get mad when I say this. I don't think it is good. We can do this in a 100 days my 5 opinion on short term. But this could be something we need to bring up. Because I know it is in the right-of-way but Mr. Coston brought up a good point, it is his driveway. So, something we need to bring up. It is not in our ordinance right now for Short Term Rental. It could be, but I want to be consistent and that is why I am going support this application. Thank you. Mr. Landfair: Staff acknowledges the virtual hand raised by Planning Commissioner Wall. Commissioner Wall, your mic is open for comment. Mr. Wall: My apologies, I need to lower my hand. Mr. Landfair: Staff acknowledges the virtual hand raised by Planning Commissioner Redmond. Commissioner Redmond your mic is open for comment. Mr. Redmond:I am in Jack's boat, my apologies. Mr. Landfair: Staff acknowledges the virtual hand raised by Planning Commissioner Inman. Commissioner Inman your mic is open for comment. Mr. Inman: Thank you, Bill. I hear what everybody is saying it is a tough one. And this is exactly why we need to be consistent. Now, you' will say, Oh, well, we have already done this. Well, we have done it a couple times, but it does not make it right. And we have got 100 more to go, we may or may not have an amendment to the ordinance that takes care of this problem. We may or may not have it. So right now, the ordinance says has to be on site. Each of these ones that has the driveway off site has a little bit difference meaning sometimes it is, you know, 10 feet, sometimes it is the whole car, sometimes there is a sidewalk in between, which is I think, problematic. So, every time we have one of these, we are going to have to have this discussion about, you know, what is the real impact of it on the neighborhood and as it as appropriate for this property and so forth. I would like to make a path forward where we just they make the decision that these are not going to be approved with offsite parking. So, that is the way I feel about it and that way there is no discriminating against anybody and rules are rules and live by the rule or get it change. Thank you. Mr. Landfair: There are no more speakers Madam Chair. You have the floor Ms. Oliver for Planning to call for a motion. Ms. Oliver: Great, thank you. Alright, do I have a motion. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Weiner. 6 Mr. Landfair: Commissioner Weiner, you mic is now open. Staff acknowledges the virtual hand raised by Commissioner Wiener as a potential motion. Commissioner Wiener your mic is now open. Mr. Weiner: I move approval of this application. Mr. Landfair: Madam Chair staff opens the mic for you to call for a second. Ms. Oliver: May I have a second please? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond. Commissioner Redmond your mic is now open. Mr. Redmond:Second. Mr. Landfair: Hearing in a second a motion to approve the application has been made by Commissioner Wiener and seconded by Commissioner Redmond. Are any planning commissioners abstaining from the vote? The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say no. Please pause three seconds after your name is called but more speaking. Mr. Alcaraz. Mr. Alcaraz: No. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: No. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: No. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: No. 7 Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of four, four and four against agenda item nine is hereby recommended for denial by the Planning Commission. Thank you. AYE 4 NAY 4 ABS O ABSENT 3 Alcaraz NAY Barnes ABSENT • Coston AYE Graham ABSENT Horsley ABSENT Inman NAY Klein AYE Oliver NAY Redmond AYE Wall NAY • Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 207 79th Street, Unit C 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. An all-weather "No Blocking Sidewalk" sign shall be erected on the owners private property within clear view of the parking space in the City right-of-way (driveway). The location, material, and content of the sign shall be submitted for review by the Zoning Administrator within 30 days of a favorable decision by City Council. Said sign shall be installed on the property, at a location deemed acceptable to City Staff, within 60 days of the Zoning Administrator's approval. 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 8 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 two) 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)one (1) rental contracts during any consecutive seven (7) day period. 9 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)two (2) 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. 10 From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: 207 79th Street short term rental Date: Monday,June 29,2020 11:42:34 AM From:Anonymous Resident on 79th Street Sent:Saturday,June 27,2020 8:22 AM To:Marchelle L.Coleman<MColeman@vbgov.com> Subject:207 79th Street short term rental Dear City Council, I am opposed to another short-term rental on this street.This home is connected to another short-term rental and across the street from 3 short-term rentals.We have families and children pets and want consistent neighbors.This home and the short-term rental home connected has owners that live out of town.It would be impossible for them to screen the guests on a weekly basis.It is unfair to us homeowners who pay a high price in Property Taxes to live in this neighborhood.Thank you,Anonymous Sent from my iPhone From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: Opposing Short term rentals on 79th Street Date: Monday,June 29,2020 11:43:13 AM From:Anonymous Resident on 79th Street Sent:Monday,June 29,2020 11:00 AM To:Marchelle L.Coleman<MColeman@vbgov.com> Subject:Opposing Short term rentals Dear City Council- At present we already have five vacation rentals on 79th street..with yet another potential short term rental at 207 79 th street..with the owner moving out of state..we are looking at the prospect of more unknown temporary renters coming in and out. It's not needed nor wanted on our street..we all pay a lot of money and care for our properties at our location and don't care to have another rental as a neighbor!Signed..anonymous thank you Sent from my iPhone From: MarcheIle L.Coleman To: MarcheIle L.Coleman Subject: RN: Rental property 107 C 79th Street Date: Monday,July 6,2020 9:11:44 AM From:Anonymous Resident on 79th Street Sent: Monday,June 29, 2020 5:46 PM To: MarcheIle L. Coleman <MColeman@vbgov.com> Subject: Rental property 107 C 79th Street rCAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. As a permanent resident of 79th Street I oppose making the property at 207C a short term rental. I live across the street from this property and am already faced with noise and obnoxious behavior in the current rentals.The fact that the owner of this property will not be a Virginia resident means he will be unable to control the renters' behaviors.Thank you for this opportunity to express my opinion. From: tamsen davis To: Marchelle L.Coleman Subject: 207 C 79th Street,&or 216 B 69th Street Date: Tuesday,June 30,2020 11:12:33 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I am writing to ask that the SHORT TERM RENTAL requests be denied for this(these)unit,I am an owner of another adjacent piece of rental property on 69th street,that unit at 216 B has made the same request.I believe that case has been extended.I have received conflicting information.I live in and own a home on 79th Street and am most anxious about the abundance of these properties being purchased by folks who live elsewhere and are difficult to contact.The North End is getting inundated with this type of constant revolving door vacation mode mentality and it is very difficult to maintain a yearly rental to solid community individuals with a constant party atmosphere at every driveway or balcony,especially right next door.My yearly rental is located at 218B 69th St.It is also upsetting to have multiple SHORT Term rentals on 79th street where I live year round,it has become a very active street in just the past three years.The actual number is hard to determine but I know of at least 5 where cars change in the driveways weekly. It is not only a physical threat to the permanent owners of real estate in an already densely populated area,it is a financial threat as well.We are forced to accept late night noise every night of the week,egregious parking and verbal defiance when interacting with multiple occupants all summer long.This does not increase the value of the real estate or the quality of life in these areas for ANYONE. I personally had the Police called to my home for my dog barking at 2:00 a.m.because the large group of"guests" next door were grilling and partying at 2:00 a.m.ON A TUESDAY..15 feet away from the dog door used while I was away overnight..I do not blame my dog for attempting to protect her home.Nobody should be behaving in such a manner in a private residential area..there were no repercussions. The Resort area is set up for the typical vacationing Virginia Beach visitor.The Hotels are set up for this,we are not.I am hopeful that at the very least the name,contact information and phone numbers will be required to be posted on each unit approved for public access by concerned neighbors.As a neighbor and landlord,it is difficult to find resolution to a problem"guest"without calling the Police department already being stretched thin.It would be most helpful to know who to call when an issue arrises. I profoundly protest the approval of an additional Short Term unit form of usage,not only on my two streets but anywhere on the North End without more monitoring and stricter guidelines. Most sincerely, Tamsen M Davis 206 B 79th Street(private residence) 218 B 69th Street(annual rental unit) 757.636.4401,feel free to call me if you would like further information,I appreciate all that you do to help give us a voice..Thank you! From: Patricia Wardius To: Marchelle L.Coleman Subject: 207 Unit C 79th Street-Short Term Rental Date: Saturday,August 1,2020 11:06:23 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern, I,June E Jennings&Patricia A Wardius,the owners of 207 Unit A 79th Street,Virginia Beach,VA 23451 oppose the property listed(207 Unit C 79th Street,Your Not Alone,LLC)in the notice of becoming a Short Term Rental. We believe the quality of life on 79th Street will be greatly affected by another Short Term Rental in this location. Even though the owners say they screen potential renters,they are not the ones living on the street at the time the renters are present. We pay high property taxes to live on this street and it is unfair for us to continue to have rotating neighbors. We have witnessed enough loud and beligerant behaviors on our street with the existing rental properties and do not wish for any more Short Term Rentals! Sincerely, June E Jennings Patricia A Wardius -� ,- - Court } V II _�----- Eriksen PI , ) l 1 ' t.73 i �__ I,\ ,VA,,, Bente W al 70 ` /v# y B _Al 1 C_ :\J -- J do ,.,r-- _ .\.__ ., C Site w /i Property_Polygons Lisa C. Eure 2312 Red Tide Road, Unit A Zoning Parking Lot Drive Aisle CCCIIIIIMI=Feet Building 0 510 20 30 40 50 60 411; fu S, of a,, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: LISA C. EURE [Applicant] LISA C. EURE, RITA BIANCHI & MICHAEL BURNS [Property Owners] Conditional Use Permit (Short Term Rental) for the property located at 2312 Red Tide Road, Unit A (GPIN 15902024690001). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: August 25, 2020 • Background: The applicant is requesting to operate a Short Term Rental in a two-bedroom unit, Unit A, of a three-unit condominium constructed in 1980. The 7,500 square foot lot is zoned B-4 Mixed Use District and is in the Lynnhaven District. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this instance. The maximum occupancy of guests on site after 11:00 p.m. for the two-bedroom Short Term Rental is six; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, for a total of four guests. The applicant has also agreed to a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: The proposed Short Term Rental is located approximately 800 feet from the public beach of the Chesapeake Bay where Short Term Rental uses are to be expected. The applicant's parking plan for the Short Term Rental unit depicts the required two off-street parking spaces situated in the side yard of the property. On-street parking is permitted along Red Tide Road, although not relied upon by the applicant. 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. Following the Planning Commission public hearing, Staff received a phone call from a nearby property owner who expressed concern with Short Term Rental uses in general. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions Lisa C. Eure Page 2 of 4 below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1 . The following conditions shall only apply to the dwelling unit addressed as 2312 Red Tide Road, 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 area for parking spaces 1 & 2, as shown on the Site Layout& Parking Plan, shall remain a minimum of 9-feet by 36-feet, 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 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. 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 (3)two (2)) 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 Planning Department 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 Lisa C. Eure 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.A11 refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 11 .Accessory structures shall not be used or occupied as Short Term Rentals. 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)one (1) 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) 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) two (2) 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 Letter of Opposition Lisa C. Eure Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: / �, � Applicant: Lisa C. Eure Agenda Item Property Owners: Lisa C. Eure, Rita Bianchi & Michael Bur c'ry % Publicns Hearing:August 25, 2020 9 Virginia Beach city Council Election District: Lynnhaven Request Conditional Use Permit(Short Term Rental) Staff Recommendation _ - Approva l Staff Planner 11 '0.l1M111 Hoa N. Dao •�� � " Location —.MOM -F 2312 Red Tide Road, Unit A GPIN 1111 15902024690001 111 Site Size 7,500 square feet Existing Land Use and Zoning District Multi-family dwelling(Triplex)/B-4 Mixed Use Surrounding Land Uses and Zoning Districts North . Duplex dwelling/B-4 Mixed Use South Duplex dwelling/B-4 Mixed Use . East Multi-family dwellings/B-4 Mixed Use t =' West Red Tide Road Single-family dwelling, multi-family dwelling, . , hotel/B-4 Mixed Use ■ sM _V e f Lisa C. Eure Agenda Item 9 Page 1 Background & Summary of Proposal Site Conditions and History • The 7,500 square foot lot is zoned B-4 Mixed Use District and is located in the Bayside District. • The Short Term Rental will occupy one unit, Unit A, of a three-unit condominium that was constructed in 1980. Unit A is 1,050 square feet in size. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. Residences on this portion of Red Tide Road commonly park their vehicles in the right-of-way,which is generally a driveway between the property line and the street pavement. Regardless,there are two parking spaces provided on-site,specific to this unit,thereby meeting the minimum parking requirement for the Short Term Rental use. • There are no zoning violations or City Council actions found on this property. Short Term Rentals in the Vicinity �e Sh 1 / /�" -'1 LI\ A \— %V— _...- tv- --; V-1 '—}_________J.,---t_i_____ ti 3� ; oewiga 1 \D� it___� t,- 0± fi Si` a s "} STATUS : nr�1 _ - _1 - 1, • Approved :— '1 i, .G F" .--91 "1 " r. en r II 1 Q _ \\ • tied 4 s Q under Review t'- .yt " 1 '._{ 1 - Cj I Regrstered, i I \Ynn!'ayT rive , I itl _. \ Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a two-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: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom):6 Lisa C. Eure Agenda Item 9 Page 2 • Number of parking spaces required (1 space per bedroom required):2 • Number of parking spaces provided on-site:2 \-(---- -1,7:1 \A-1::\ \V,\ S Elc t't_--'44 & . c— 1 \ \ 1 it._----.. Y JY__. r"; , 1"w." Zoning History � �r { � 1 CRZ(B 4 to A 12 with PD H2 Overlay)Approved li 05/10/2000 �_ -.2 ` 2 CUP(Outdoor Recreational Facility)Approved 04/08/1998 J -- AHD'"" _B-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—StreetClosure SVR—Subdivision Variance Evaluation & Recommendation This proposed Short Term Rental will occupy one of three condominium units located at 2312 Red Tide Road.The property is zoned B-4 where multi-family dwellings are permitted. Red Tide Road is an 80-foot wide right-of-way with 30 feet of pavement.The width of the right-of-way is much wider than a typical street section of 50 feet. In addition,the distance from the edge of pavement to the property line is 25 feet, more than the minimum length of a parking space (18 feet).As a result, it has been common practice along Red Tide Road for vehicles to be parked in the right-of-way, but in a driveway,giving the appearance of being on private property.The photographs on pages seven and eight of this report provide evidence of this situation.The proposed Short Term Rental requires two parking spaces and the other two units of the condominium require four parking spaces for a total of six parking spaces.The applicant provided a parking plan that depicts two on-site parking spaces situated to the side of the building for the Short Term Rental guests, thereby meeting the requirement.The occupants of the other two units will continue to park their vehicles on the driveway,which is technically entirely within the public right-of-way, as it is between the property line and the street pavement.At no point will any of the parking spaces impede the flow of either pedestrians or vehicles. Staff is unaware of any opposition to this request and recommends approval of the application,subject to the conditions listed below. Lisa C. Eure Agenda Item 9 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 2312 Red Tide Road, 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 area for parking spaces 1&2,as shown on the Site Layout& Parking Plan,shall remain a minimum of 9-feet by 36-feet,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 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. 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 (3) 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 Planning Department 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 Rentals. 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. Lisa C. Eure Agenda Item 9 Page 4 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) 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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11,2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9,2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020 and August 16, 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 August 12, 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 August 21, 2020. Lisa C. Eure Agenda Item 9 Page 5 Site Layout & Parking Plan MO' "mow or sr • jar u Ref 111 III= (I►i i UNITS PARKING SPACE (9' x l8') B & t: 1 U N I lap 501.0* 25' i RED TIDE ROAD (80' R.O.W. - 30' PAVEMENT) Lisa C. Eure Agenda Item 9 Page 6 Site Photos yy a. a r e III ii ' joeff4 ' <_ y r ¢R ;ramK.91..44,.L * .n 'k f N' M _ , ,1T )" fy _ i` 0\11 ... It t::4. --::: . -7----;--4::',1 rr -- .- : .., -_.. Lisa C. Eure Agenda Item 9 Page 7 Site Photos ' `fit:. /A'. j , .1 . ,,- 1 1 , rf. .-erlo - , . .... , juior. .„.„..j ...., . - „,,,..,:_. _-,..... - _ „ran .... - - .....;,,,_:„_.. ..,-,...7.,..,:_.,,....,...,---- _ °4 v .74, Xy,. i t +F '� Sy `N-Z•�1t ,t:.T�-4. ...-g ut} �! S� ,• \ !.' yyam�.,,, IA. -� 461 4101‘ 4.5 - mr i 1. /"aL. s..• i r t 111 / _ __ i • } ~ - _ {_ arc{ " -` 4 a¢i s� �.. i ' ;k -., A{! r A-7` s .ti E,y� x �4. C • ; Lisa C. Eure Agenda Item 9 Page 8 Site Photos J-9 TA oil Al , Usa [. Eure Agenda Item 9 Page Disclosure Statement �.d Virginia Beach APPLICANT'S NAME C - etLYP� 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 Plannirll Commission and Cit.Council meetin- that pertains to the a:.olication(s)" El APPLICANT NOTIFIED OF HEARING DAl E: ® NO CHANGES AS OF DATE: OR 12 7020 HD REVISIONS SUBMITTED DA1E: Lisa C. Eure Agenda Item 9 Page 10 Disclosure Statement 1//3 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm. business,or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 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. C Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN. complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Lisa C. Eure Agenda Item 9 Page 11 Disclosure Statement ury yr 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) r "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, 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 entitles;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 Lisa C. Eure Agenda Item 9 Page 12 Disclosure Statement L.,\/3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) • TxAccounting and/or preparer of your tax return rL Architect/Landscape Architect/ LJ VJ Land Planner Contract Purchaser(Wother than • athe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed �1 f-7� purchaser of the subject property I I I�1 (identify purchaser(s)and purchaser's service providers) Construction Contractors nE Engineers/Surveyors/Agents Financing(include current [[ i� mortgage holders and lenders LJ I selected or being considered to provide financing for acquisition or construction of the property) nV� Legal Services Real Estate Brokers/ I 1 ( Agents/Realtors for current and LJ v, 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 Lisa C. Eure Agenda Item 9 Page 13 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, ► 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. LtSa APPLICANT'S SIGNATURE PRINT NAME C'4TE Page 5 of 7 Lisa C. Eure Agenda Item 9 Page 14 Disclosure Statement warc OWNER of Unit A Virginia Beach YES NO SERVICE 1 [PROVIDER(use additional sheets if needed) f I T� Accounting and/or preparer of LJ your tax return 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 ❑ �7- purchaser of the subject property I vl (identify purchaser(s)and purchaser's service providers) n [ Construction Contractors I I E. - Engineers/Surveyors/Agents 1 Financing(include current n 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 _1 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 I— 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 Lisa C. Eure Agenda Item 9 Page 15 Disclosure Statement Owner of Unit A 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 Appl' ation. • EIAA IOI'4f161► OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Lisa C. Eure Agenda Item 9 Page 16 Disclosure Statement NiAEI OWNER of Unit B Virginia Beech YES 1 NO L SERVICE {_PROVIDER(use additional sheets if . needed) I F 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 El - Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I I Er Construction Contractors nEngineers/Surveyors/Agents Financing(include current �}' mortgage holders and lenders ICI selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ ni✓ Agents/Realtors for current and I I anticipated future sales of the subject property -j 4 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE / YES N ' Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development I I 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 Lisa C. Eure Agenda Item 9 Page 17 Disclosure Statement :elm Owner of Unit B Virginia mac' ICERTIFICATION: 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. PRO/try NER'SSIGNATURE PRINT NAME DATE Page 7 of 7 Lisa C. Eure Agenda Item 9 Page 18 Disclosure Statement OWNER of unit C Virginia Beach YES I NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return IJ ® Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed E purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I1^I Construction Contractors E151 Engineers/Surveyors/Agents Financing(include current I IX mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ 15<1Agents/Realtors for current and anticipated future sales of the subject property • 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® 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 Lisa C. Eure Agenda Item 9 Page 19 Disclosure Statement sq� Owner of Unit C Virginia Beach iCERTIFICATION: 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. 704c1aega4xd Michael Burns ( 1/30/20 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Lisa C. Eure Agenda Item 9 Page 20 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. Lisa C. Eure Agenda Item 9 Page 21 \ k Road s great p iv e Arbor r ,, �-�1� GaPe y _----- ---------'- \\:: \ 6,7\. d tii ti a_ --- irit 141.0t--4, - - t _.--t ' \-- • \ -1 \ \TSYS-Cir -�11ar ', " Z v J U Q = 4-- `�- �� r \1\\ \\\\\,\ -I,, Lajir•.-- . 1 ----Lri----",",,,__-t!-71.7.- \ '',, - \111 '1- - -.-- v ai'', tti in Rom ��.a _ , t . 1 \- I, ce-9-_ tti G� 3 _ 7 F - `Q '' y ti ti - t tV_A N 92 t - 1..0 '', \ > ►a N k - Items# 10. Lisa C. Eure [Applicant& Owner] Conditional Use Permit(Short Term Rental) 2312 Red Tide Road, Unit A June 10, 2020 RECOMMEND FOR APPROVAL - CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2,3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19,20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for a conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. 2 Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 2312 Red Tide Road,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 area for parking spaces 1 &2, as shown on the Site Layout&Parking Plan, shall remain a minimum of 9-feet by 36-feet, 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 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. 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 Planning Department 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. 4 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 Rentals. 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)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. 5 Zh i c_C Er4breiser) )salE - kooLd Ui h') e£c) 1)a. dun 3, a Oa D L ;r 1 Z s-fr a ml o osE +k�. Conk-I— 9 h MI USE_ 2 ', y �P� s� � r m f - For 3la, f4act , i C P /ii/ 1590d03-(M000l u+ Lon h alien 0 wh-er Lisa Eu r t , r-.e. a. i .s O C Q.S j de�� i C O m m u,n ,�- l�J'��� h� meb h rs -' j--- 1 iAzI ve. 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Ci CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ATLANTIC DEVELOPMENT ASSOCIATES, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 112A 56th Street (GPIN 2419803545). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: August 25, 2020 ■ Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a four-bedroom unit of a duplex located in the North End neighborhood of Virginia Beach. The 6,625 square foot parcel is zoned R-5R (NE) Residential District. The maximum occupancy of guests permitted in the four-bedroom unit 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. Staff informed the applicant of the recent Short Term Rental condition revisions by City Council that reduce the number of overnight guests permitted to two per bedroom and limit the number of bookings in a seven day period from two to one; however, the applicant is not agreeable to the revisions and plans to discuss this at the public hearing. Despite this, these modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: The site is located east of Atlantic Avenue, one block from the Atlantic Ocean. The surrounding area is a mix of single-family and duplex dwellings, with a large hotel located directly to the north of the site. The submitted parking plan depicts four off- street parking spaces, two located in a garage and two in the driveway. As the construction plan for the duplex was submitted to the Development Service Center prior to the adoption of the Short Term Rental regulations, the Zoning Administrator finds it to be acceptable. It has been Staffs position that new construction projects must meet the on-site parking requirements without reliance of a garage. 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 is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0; however, due to an Atlantic Development Associates, LLC Page 2 of 4 advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. 1. The following conditions shall only apply to the dwelling unit addressed as 112A 56th Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage spaces within each unit must remain a minimum of 9-feet by 36- 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 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. 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 (3)two (2)) 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 Planning Department 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 Atlantic Development Associates, LLC Page 3 of 4 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 Rentals. 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) one (1) 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) 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) two (2) 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 Atlantic Development Associates, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department /lb����"" City Manager:Y t9 Applicant& Ow Atlantic Development Associates, LLC Agenda Item BPublic Hearing:August 25, 2020 City Council Electionner: District: Lynnhaven 1 City uj 0 Virginia Beach I Request Conditional Use Permit (Short Term Rental) Staff Recommendation III Approval i. Staff Planner S , Hoa N. Dao '‘,\Z Location -; i„l 112A 56th Street 1. - .�;,;i GPIN is To•vea f 2419803545 -- __ Site Size '/�•�� 6,625 square feet #= '* Existing Land Use and Zoning District Duplex dwelling/R-5R Residential (NE) Surrounding Land Uses and Zoning Districts North . 0 56th Street k Hotel/H 1 Hotel . South 55th'A Street (alley) Duplex dwellings/R-5R Residential (NE) x 'N 4 r East Undeveloped lot/R-5R Residential (NE) *. �' $ West i 2 % ` V. Duplex dwelling/ R-SR Residential (NE) `x ' .--° -s rkr.7-"A .1 fk :. Atlantic Development Associates, LLC Agenda Item 10 Page 1 Background & Summary of Proposal Site Conditions and History • The 6,625 square foot lot is zoned R-5R (NE) Residential District, North End Overlay. • The construction plan for the duplex dwelling was submitted to the Development Service Center(DSC) in July of 2018 and construction was completed in 2019. • The applicant owns and requests a Conditional Use Permit for Short Term Rental for Unit 112A. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report.There is a hotel on the north side of 56th Street, directly across from this site, and on-street parking is not permitted on this portion of 56th Street or 55th %2 Street. • There are no past zoning violations and City Council actions found on this site. Short Term Rentals in the Vicinity `tip g th gtte ,`1-\ a e "`ii���1 ."--,• lb Sit•, )St'} li'r _.... ..„,,,,,_,.. ttee- u :„.„ ._ k___, . ...,-c-i_v---.v_.---1, t3 .4.. , c_A _, . ..,, ,.,i,,,,\. .,.,. tee__ ,..,„.\ ,,,,\___.: ,,,, . ::...., 4-- �1 v) 1 _1 ..,rig- � 'o. 1i�' — •ttq STATUS 1 -{.�`l\ �,11�, y • Irv;_i3 • . Approved j p`%�`1 , r t�l 5 \ \ \ T1{,' ,t1t T\� st '= � Uncle,Reese+ Vt-VA'v--'� } .- - 0 Re9tstered L.' r x t � Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a four-bedroom Short Term Rental in Unit 112A 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. Atlantic Development Associates, LLC Agenda Item 10 Page 2 Unit: 112A Number of bedrooms in the Short Term Rentals: 4 Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 12 Number of parking spaces required (1 space per bedroom required): 4 Number of parking spaces provided on-site: 4* *As the Construction Plan for the duplex was submitted to the DSC prior to January 16, 2019,the adoption of the Short Term Rental (STR) regulations,the Zoning Administrator will allow the garage spaces to be counted towards meeting the parking requirement. Four on-site parking spaces are provided,two parking spaces in the driveway and two parking spaces inside the two-car garage. Fi ; Zoning History H, 3 - # Request s` 1 1 NON(Enlargement of Nonconforming Use)Approved R•S (NE) 1 tea""` _ �� 11/25/2014 1 4 t' NON(Enlargement of Nonconforming Structure)Approved R o R- (NE) 05/12/2009 �� 2 NON(Enlargement of Nonconforming Use)Approved -, 5- G �,'• ' '�. 10/28/2008 R.SR NE � 3 CUP(Wireless Communications Facility)Approved i t ' _ \-. �" ' 08/18/1996 qE1 L: CUP(Wireless Communications Facility)Approved r R-aiyNr 12 13 1995 I� R4R(N2 - CUP(Communication Tower)Approved 10/12/1994 R•5.441E1 , ' 1 - L` --� 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 Vehicular access to Unit 112A is from 56th Street. As mentioned above,the garage space can be counted toward meeting the parking requirement, as the construction plan for the duplex was submitted to the DSC prior to the adoption of the Short Term Rental regulations.There are four bedrooms in Unit 112A. As depicted on the Site Layout & Parking Plan on page six of this report,four on-site parking spaces are provided, two in the garage and two in the driveway.The Zoning Administrator reviewed this plan and finds it to be acceptable. Staff finds the proposals to be appropriate for this area of Virginia Beach, as the site is located east of Atlantic Avenue, there is a hotel across the street, and the property is approximately 500 feet from the Atlantic Ocean. Staff is unaware of any opposition to these requests and recommends approval of this application, subject to the conditions listed below. Atlantic Development Associates, LLC Agenda Item 10 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 112A 56th Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage spaces within each unit must remain a minimum of 9-feet by 36-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 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. 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 (3) 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 Planning Department 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 Rentals. 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. Atlantic Development Associates, LLC Agenda Item 10 Page 4 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) 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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020, and August 16, 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 August 12, 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 August 21, 2020. Atlantic Development Associates, LLC Agenda Item 10 Page 5 Site Layout & Parking Plan 56TH STREET i;: ka € : 1 L 10: \ - _ E '[ _1" ......Iiiiii . oi _. . . k.,1-; I ' — it !Id ii*Iiiii'.. .: ' T . , ._ ,-..,,, ...,.. .L.,.., ; _..i.. • •• !! 4Y iiii ,', 1 1: w...4 , . ioaT-- .1 xiiii- 11 ;1 ! 0 I °' N UNIT 112A / Ili' R . , 4I 1 -ios • e h t5Y 1 r AI I I ' I / I 1 I I. L _1 , ;0. • r' ss , .N t 55T" % STREET Atlantic Development Associates, LLC Agenda Item 10 Page 6 Site Photos . : r r. 'ore.,Y.11* ..,. tarrrrrrrw impo f 11:11.--- .. !tea j a,. _ 1 - Y 1 ' r --- _( ; x• , _ , Atlantic Development Associates, LLC Agenda Item 10 Page 7 Site Photos _.. ...._..........................,..110, ''...t..... ___. _.'. ._7''''..-,._-.---•-• 1 . .., ...,- ......,....a., ' -.- .......... A— . _., .........,........ ,416 ti ' 1/ , - - .- ....., ."- 1 rn t 1 i._1_ , . ••,,,,,,..,__ , ..... . , . ......... . .7. . -'---,_ -,; , , ,....• . .- ;•-•_ ,,lr , i ---- ,... Atlantic Development Associates, LLC Agenda Item 10 Page 8 Disclosure Statement Virginia Brach APPLICANT'S NAME Atlantic Development Associates, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce tion for (EDIP) Board of Zoning Encroachment Request Rezoning A eats Certificate of 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 FOR CITY USE ONLY/All d•sclosures must be updated two(2.weeks prior to any Page 1 of 7 Plann,ngCommiss+on and Cry Council mer--t.nG that pertains to the application(s1 ❑ APPLICANT NOTIFIED OF HEARING DA;t: NO CHANGES AS OF DA I F. pg.t 2 7070 HD 0 REVISIONS SUBMITTED DATE - Atlantic Development Associates, LLC Agenda Item 10 Page 9 Disclosure Statement VI3 Virginia Beach 0 Check 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:Atlantic Development Associate: If an LLC, list all member's names: Brian C.Large,Sole Member If a CORPORATION,list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 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. El 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 Atlantic Development Associates, LLC Agenda Item 10 Page 10 Disclosure Statement 1'trginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the 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 SO 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 entitles." 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 Atlantic Development Associates, LLC Agenda Item 10 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE needed)PROVIDER(use additional sheets if 1 IXn I Accounting and/or preparer of oso your tax return Architect/Landscape Architect/ WPL,Inc. 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) IX! I I Construction Contractors WPL Homes,Inc. nn Engineers/Surveyors/Agents WPL,Inc. Financing(include current TowneBank rX ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition IXI construction of the property) IXI I I Legal Services Sykes,Bourdon,Ahem a Levy,P.C. Real Estate Brokers/ Berkshire Hathaway Inl Li Agents/Realtors for current and f/\' u anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1es an official or employee of the City of Virginia Beach have n X 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 Atlantic Development Associates, LLC Agenda Item 10 Page 12 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. Atlantic Devel nete11-L?{ By, Brian C.Large, Sole Member NT' PRINT NAME DATE Page 5 of 7 Atlantic Development Associates, LLC Agenda Item 10 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. Atlantic Development Associates, LLC Agenda Item 10 Page 14 STR VICINITY MAP ATLANTIC DEVELOPMENT ASSOCIATES, LLC __\ \c\-4-\'.a . :\z___::_), 6pt---St, Stye• / }'cee gt! .(V It -la , St \ t t[ t -ri,,•f• lek t i °• tree` - t . —ca -,, , 5 trrS L1 t � s 1 i o ---.- _ .'' lkik. t =04- 1 t•,t t- 1_. �-- _1 ..i.-s.\ \ � t 1 t, 1 — \1-�._,-'._J STATUS Approved r14", 11 t= • ' , Q : evev �t ee Registered } \ \\--\ --3--- C '' 1�•t_lA----r.,, -;Str _{` 1 l• i • t ii ' 1 1 1 4 - __ - 1 \-~~-1 ,--r'i \ Items # 11. & 12. Atlantic Development Associates, LLC Conditional Use Permits (Short Term Rentals) 112A & 112B 56th Street June 10,2020 11 RECOMMEND FOR APPROVAL—CONSENT & 12 DEFERRED INDEFINITELY Mr. Landfair: The second application requesting deferral is Agenda Item 12 application of Atlantic Development Associates, a conditional use permit for a Short Term Rental for the property located at 112-B, 56th Street,Lynnhaven District. The applicant's representative, Mr. Eddie Bourdon has signed up to speak. Mr. Bourdon the floor is now yours. Please pause for three seconds before speaking. Mr. Bourdon: Again, Madam Chair for the record Eddie Bourdon, Virginia Beach Attorney representing the application. The subject unit has been sold and the purchaser when they contract it to buy it, agreed, it was already in play, the application have been filed that they wanted to do the Short Term Rental as well. They have since had second thoughts. So,we are doing indefinite deferral on this application,they are a party by their contract and by the documents to the other application. But,this one we are deferring until they determine whether they want to pursue the use permit or not. So it is an indefinite deferral it may or may not come back. Mr. Landfair: Ms. Oliver you have the floor to open it up for Planning Commission, if they have any questions of the applicant, or if they would like to make a motion. Ms. Oliver: Thank you. I will open the floor up if there are any questions or comments regarding the request for the deferral or if there is a motion. Please raise your virtual hand and staff will recognize you now. Mr. Landfair: Commissioner Weiner your mic is open. Mr. Weiner: Oh. Yes, Madam Chair, I would move that we defer Item six, and I believe that was until the June 24, meeting and Item 12 indefinite deferral. Mr. Tajan: To clarify Mr. Wiener the item number six is deferred to the July 8, meeting. Mr. Landfair: Madam Chair, staff opens the mic to you to call for a second. Ms. Oliver: Right, thank you. Do I have a second please? Mr. Landfair: Commissioner Inman your mic is now open. 1 Mr. Inman: I second the motion. Mr. Landfair: Hearing a second, a motion to defer applications six and 12, as noted, have been made by Commissioner Weiner and seconded by Commissioner Inman. Are there any Planning Commissioners abstaining on these items to be deferred at this time, please raise your virtual hand for staff to recognize you, so that you may provide an explanation for your abstention. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please remember to pause after your name is called before speaking. Mr. Landfair: Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Mr. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. 2 Ms. Coleman: I recorded vote of eight, four and zero against Item 6 and 12 have been deferred as noted. Item 6 will be deferred until the July 8, hearing and Item 12 is indefinitely deferred. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Ms. Coleman: The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur,and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1, 2, 3, 4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19,20,21,26,27,28,29, 31, 32,33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for a conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. 3 Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. 4 Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE 5 Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 112A 56th Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage spaces within each unit must remain a minimum of 9-feet by 36-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 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. 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 Planning Department 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. 6 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 Rentals. 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)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. 7 \ \\1) \ \ --A ..-----i \---------' '\- -- _\ \ _-.-- --..., , C--, \ et R i5R N.E ).\\ i \ \-\ 0 \ Li \ ,, ________-- \ 0 st. \_-___„„----,- ,____--- ,,, ••— 0 , k R-5R(N-E), c." 4 1 V jCD c J R-5R(N E) \ \ , \___--- •-/ozio v3 , '',-------\--'\ 0 601 stve er 64th Street 0 � R-5R(N E) ` �, R-5R N E 1 I r4 Site CEBT Properties, LLC TProperty_Polygons Q 201 64th Street Zoning Parking Lot Drive Aisle m _ Fee I Building 012.525 50 75 100 125 150 I ..;H; , 1 .,,,k , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CEBT PROPERTIES, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 201 64th Street (GPIN 24197321940201). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: August 25, 2020 • Background: The applicant is requesting to operate a Short Term Rental in a three-bedroom single-family dwelling built in 1940 in the North End. There are two single-family dwellings located on the 6,250 square foot parcel, both owned by the applicant, which is zoned R-5R (NE) Residential District, North End Overlay. Only the dwelling with frontage along 64th Street is subject to this application. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or six total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: The proposed Short Term Rental is located approximately 600 feet from the public beach of the Atlantic Ocean where Short Term Rental uses are to be expected. The applicant's parking plan for the Short Term Rental units depicts the required three off-street parking spaces accommodated on the proposed extended concrete driveway located along the western property line. The occupants of the northern dwelling unit have a separate parking area with direct access from Atlantic Avenue. On-street parking is permitted along 64th Street, although not relied upon by the applicant. 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. Following the June Planning Commission public hearing, Staff received one email and one phone call from neighboring property owners who expressed concerns about the inherent nature of the Short Term Rental use and noted their preference for long term rental of the property. There were no speakers at the Planning Commission public hearing and it was placed on the consent agenda. CEBT Properties, LLC Page 2 of 4 • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Council's direction of limiting the maximum occupancy of two per bedroom and the number of rentals to one per week. 1 . The following conditions shall only apply to the dwelling unit addressed as 201 64th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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. 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 thrcc two (2)) 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 Planning Department 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 CEBT Properties, LLC Page 3 of 4 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 Rentals. 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) one (1) 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) 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) two (2) 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 Letter of concern Location Map STR Vicinity Map Minutes of Planning Commission Hearing CEBT Properties, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: i McLeskey & Associates Page 4 of 4 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing STR Vicinity Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. • Submitting Department/Agency: Planning Department ' City Manager: ffilp Applicant & Property Owner: CEBT Properties, LLCNI Agenda Item Public Hearing:August 25, 2020 , , , B City Council Election District: Lynnhaven Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approvalledi x Staff Planner Bill Landfair plh Street go Steel k Location mrsul201 64th Street GPIN • 6 24197321940201 6i.t 5t Site Size --• 6,250 square feet 5 t Existing Land Use and Zoning District Two Single-family dwellings/ R-5R (NE) Residential Surrounding Land Uses and Zoning Districts - , North 651, Sttee` , . '� j Duplex dwelling/ R-5R (NE) Residential t, i ` , b. �i} t tit South ' : 1 64th Street Duplex dwellings/ R-5R (NE) Residentialsill ' .; *' r East ,� � •� ��> ��t Atlantic Avenue ,!:4` - -�'- .-, Duplex dwellings/ R-5R (NE) Residential *' } �_ West - _._• 4 � __ Single-family dwelling/ R 5R (NE) Residential 1 4 i f- at •, r .. CEBT Properties, LLC Agenda Item 11 Page 1 Background & Summary of Proposal Site Conditions and History • The site is 6,250 square feet in size and zoned R-5R (NE) Residential District, North End Overlay. • There are two single-family dwellings located on the property. The dwelling which is the subject of the Short Term Rental application is located at 201 64th Street and was built in 1940. The second dwelling on the property was constructed in 2016. • Staff inspected the site on February 7, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • There are no zoning violations or City Council actions found on this property. Short Term Rentals in the Vicinity '!• �' 'l t Nur ` Ht , ,' • 6 S 110011 Villk -3 Ottoman .1--- 7.,,,..-, rig a At 10 4111, \ ,I OM tail 1 1100 %c. ' t•; vol I iti% •1V SO, r400 . rSTATUS 0I Approved Deny 01 k40661%asilte iii Under Review 114 Registered W \13, Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three 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 bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 CEBT Properties, LLC Agenda Item 11 Page 2 • Number of parking spaces provided on-site: 3 DoNNE D� .o • % E) / �a ) No Zoning History to Report ,4 st"St -5 ( E.) E) ) 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 proposed Short Term Rental is located approximately 600 feet from the public beach of the Atlantic Ocean, where Short Term Rental uses are to be expected. A concrete driveway was recently constructed in the side yard and contains two off-street parking spaces with direct access via a concrete apron from 64th Street. The occupants of the other dwelling on the property have a separate parking area with direct access from Atlantic Avenue. The applicant has provided a parking plan that accommodates all three required parking spaces on site by lengthened the driveway to a total of 54 feet. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Staff is unaware of any opposition to this request. 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 201 64th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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. CEBT Properties, LLC Agenda Item 11 Page 3 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department 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 Rentals. 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) 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. CEBT Properties, LLC Agenda Item 11 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 May 11, 2020. • As required by State Code,this item was advertised in the Virginia-Pilot Beacon on Sundays, August 9, 2020,and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 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 August 21, 2020. CEBT Properties, LLC Agenda Item 11 Page 5 Site Layout & Parking Plan R 1CY i1 u • E. C 5" 4 it.- t • t• c �aZ ri 1 IA i v., • ! i 1 -- • i ii ' .. , - 0.1 ) . . ,-- ,tit ' , 1'.-je. � ! [10 MN. I try ( .'� , iI I 1 d• i 1 fNUIZ • 1 I 1 ft -HiMiki0. • ' I • 11; v4i .. 1 iiii wiii.-4 i . 1 " ,k • • Y I 1 1 Proposed 1Proposed I I Space i _ 3-Bedroom ! STR I ` .F irt. L I :i 0 1 i i **Art - - e'.> I — —I— 1 -40 - — 4tsa E1- -r -1I Riv1 - 7 4- I 14 1 UMW PVilfth1101111411.bWts.09 II I CEBT Properties, LLC Agenda Item 11 Page 6 Site Photos i _..46.-- / _., 1, a .. r may. �4- sv.iUs - 1. _' _ "IL. _ . , O i 1 N << z J ilr .rir C SI .<<i'I!li'iirli iii l 'rblillillillii.144.,: . 111111 Illlillllli I1111Iiiia 111iI111111iMIIIIIII u - CEBT Properties, LLC Agenda Item 11 Page 7 Disclosure Statement Virginia Bt., APPLICANT'S NAME CEBT 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 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 no.to any 1 Page 1 of 7 Planning Commrssion and City Council meeting that pertains to the appllcation(s). , O APPLICANT NOTIFIED OF HEARING DATE. ® NO CHANGES AS OF DATE FIR 1�7070 BL REVISIONS SUBMITTED DATE CEBT Properties, LLC Agenda Item 11 Page 8 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. LJ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:CEBT Properties, LLC If an LLC, list all member's names: Christopher J. Ettel, Manager; Bob Taylor, Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 -4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Ti 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 CEBT Properties, LLC Agenda Item 11 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 t 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 CEBT Properties, LLC Agenda Item 11 Page 10 Disclosure Statement N/13 APPLICANT Virginia Beach YES NO l SERVICE PROVIDER(use additional sheets if needed) ixh( ❑ Accounting and/or preparer of William F.Nagle �� your tax return n ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed /�E purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X Construction Contractors 7 Engineers/Surveyors/Agents WPL Financing (include current TowneBank X f mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) (X n Legal Services Sykes,Bourdon,Ahem&Levy.P.C. Real Estate Brokers/ Lisa Eure I^ LiAgents/Realtors for current and I/` 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 1/�l 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 CEBT Properties, LLC Agenda Item 11 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. CEBT Properties,LLC Christopher J.Ettel, Manager z k-7120 APPLICANT'S SIGNATURE PRINT NAME DATE / Page 5 of 7 CEBT Properties, LLC Agenda Item 11 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. CEBT Properties, LLC Agenda Item 11 Page 13 7: __ s ..„----------:„\--\ °iv 1 X = ititt 0__ \ x _ __,,,ii : switi---iiii- 7.-c\ c ), --- ift' 0 _ 0 0wt to vi gpm co • • it , iftgoal t _ _______-__ts:-,7--:-:iiia 00,40010 - Ili i '' Itili ti) - 10 - 9_.-:._ Ito SUP tlt W011 M Wil 1 . -1111 '`)....'-'-' e_..------, --- .I . 0000• , V. .,..,---k ' og oi, it. .• ; . !�` .�' 1' "� --. n�a IS.2: - WO III - 1110,:sis'„' - /2-- '111111iii VI ler ) - (f \ \ - ti Yip. a c) ao i o o Y The verbatim of the June 10,2020 Planning Commission meeting is provided below; however,the Planning Commission will consider the application on August 25,2020,again due to advertising error. tems#13. CEBT Properties, LLC Conditional Use Permit(Short Term Rental) 201 64th Street June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. 1 Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you,Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. 2 Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman:By a recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 201 64th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this 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. 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 Planning Department 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 4 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 Rentals. 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 ($1,000,000) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / 5 Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 6 Z 7 '& c, t i co 3 to 0 IN 1 o acm O M 4 ,..0I O eett. #° IN * 06tt #1&\'\* CO 74c\ < 40\ V cn \ ,:-v % ‘0. •— çOpr$p\ )1 ll*V4 JU s .0 d& co L. LL O. ) \ . 4.f0, it, , . .. \\.411 u, -, * ., / 11.0 CV tItala4. Je)\ \ \\,‘ ` iC()11) ,1° \is4 1 4 te0e,;)0 .I / -----\ ' o CDve 7r. \ \- , , o 0 el) c it-) . co,\ \ * o O c`a '5 1 V i) a N d CO W \ 0 El — \ \ .. \ „ . �i .4, s� v„,.,--- ,,,,i) i^.v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LA PAZ, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental)for the property located at 2565 Shore Drive, Units A& B (GPIN 15907109280000). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: August 25, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental in a six-bedroom duplex built in 1965 (three bedrooms in each unit). This 6,000 square- foot parcel, located within the Cape Story by the Sea neighborhood, is zoned R- 7.5 Residential District(Shore Drive Overlay). As the R-7.5 Residential District only permits single-family dwellings, the existing duplex use is nonconforming. In 2012 and 2014, City Council approved separate proposals for expansions/alterations to this use, structure, and site. The minimum number of parking spaces required for this use is one per bedroom, or three spaces for each unit in this instance (three for unit A and three for unit B, or six total). The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine, or 18 in all (nine in Unit A and nine in Unit B); however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom. This would be six per unit or 12 total overnight guests for the duplex. The applicant has also agreed to a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: The parcel is adjacent to Shore Drive and is approximately 300 feet from the public beach of the Chesapeake Bay. While Staff typically does not recommend approval of non-conforming use conversations to Short Term Rentals, the uniqueness of this specific property is recognized as it relates to its location abutting Shore Drive, its proximity to the R-5R Residential District where duplexes are permitted (within 100 feet), and City Council's prior approvals to allow the non-conforming use to expand. The applicant's parking plan was modified to address neighborhood concerns relating to reduced visibility and line of sight limitations when turning from Kendall Street onto Shore Drive. Specifically, the concerns focused on cars parked in front LA PAZ, LLC Page 2 of 4 of the duplex. Based on this, the applicant agreed to revise the parking plan by shifting two cars from the front yard to the rear yard and adding low-growth plantings and turf to much of the front yard area along Shore Drive. This change was approved by the City Traffic Engineer and presented to the Planning Commission at the June 10th public hearing. It was subsequently added to page 9 of the attached Staff report and is titled, Site Layout and Parking Plan (3rd Proposal). As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the latest iteration of the parking plan and deemed it acceptable as did the Planning Commission. Moreover, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can also be reasonably met by the applicant. In combination with the concerns described above, two letters of opposition and five letters of support were received by Staff relating to this request. The opposition focused on the line-of-sight problem for vehicles turning from Kendall Street onto Shore Drive that Staff believes were addressed at the Planning Commission public hearing. Further details pertaining to the application are provided in the attached Staff report. • Recommendations: On June 10, 2020, the Planning Commission passed a motion to approve this request by a vote of 8-0; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1. The following conditions shall only apply to the dwelling units addressed as 2565 Shore Drive (A & B) and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. An entryway drive apron placed to meet all applicable code requirements must be created as shown on the parking plan illustration within the "Site Layout and Parking Plan" section of the Staff report unless this requirement is waived or modified by the Director of the Department of Planning and Community Development or his designee. 4. The area noted as "Existing and proposed turf and plantings" on the "Site Layout and Parking Plan" section of the Staff report shall be planted in accordance with a detailed planting schedule plan. Such plan shall be submitted to the Zoning Administrator for review within 30 days of any favorable City Council action relating to this Conditional Use Permit Request. LA PAZ, LLC Page 3of4 The plantings and turf shall be installed within 60 days of the Zoning Administrator's approval of the submitted planting schedule plan. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three two (2)) 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. LA PAZ, LLC Page 4 of 4 11 . All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) one (1) 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) two (2) 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 Location Map Minutes of Planning Commission Hearing Letter(s) of Support/Opposition STR Vicinity Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ' City Manager: 019 Applicant Property Owner: LA PAZ, LLC Agenda Items Public Hearing:August 10, 2020 12 & 13 City Council Election District: Lynnhaven city.,), Virginia Beach Requests 12 - Conditional Use Permit - (Short Term Rental)—2565 Shore Drive, Unit A 13 - Conditional Use Permit(Short Term Rental)—2565 Shore Drive, Unit B n Staff Recommendation / ��� `N Approval �`e° f 5 i Staff Planner S rk cits'�" \_,,,, 9 William Miller a V- d , ° 1 N m Gs� , 90 Location m \ a o 2565Shore Drive, UnitsA B f m / ( (--A S o e & � ` c. t A t� o N ' v \� GPIN � � . 4 1590710928 1 „,,,ordi Road Site Size \ 1114.4004it.,*, 1 1 i 6,000 square feet Existing Land Use and Zoning District Duplex dwelling/ R-7.5 Residential (Shore Drive Overlay) - ' jR Surrounding Land Uses and Zoning Districts ; '. North 'F Shore Drive - '`It)t. Duplex dwellings/ R-5R Residential (Shore Drive ;,- Overlay) s. South ', , 4 Single-family dwellings/R-7.5 Residential (Shore Drive Overlay) c East ; \ .diL �1.1 � K Single-family lot / R-7.5 Residential (Shore . Ali . : .,, t Drive Overlay) - . West %`"' Single-family dwellings/R-7.5 Residential (Shore Drive Overlay) LA PAZ, LLC Agenda Items 12 & 13 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 6,000 square feet and is located within the R-7.5 Residential District (Shore Drive Overlay). • According to City records,this parcel contains one duplex constructed in 1965. • On October 11, 1965,this property was included in a comprehensive rezoning that impacted most, but not all, of the Cape Story by the Sea neighborhood. Specifically,there was a zoning district designation change that altered the types of allowable dwelling units on each parcel. In this instance,the previous zoning district allowed duplex dwellings; however,the new zoning district no longer permitted duplexes and instead only allowed single-family dwellings. • As a result of the 1965 neighborhood rezoning, this duplex became nonconforming relating to its use. This nonconforming duplex was later the subject of two separate requests before City Council:one in 2012 for an expansion to a nonconforming use and one in 2014 for a conversion of a nonconforming use. Both requests were approved by City Council. The 2012 request included renovations and additions to the existing duplex structure and parking area. The 2014 request included the demolition of the existing duplex and the construction of two new single-family dwellings. • On September 12, 2013, the property owner obtained the appropriate zoning approval for renovations and additions as shown on the 2012 City Council approved duplex site plan and architectural elevation drawings. On November 11, 2017 a building permit for those improvements was issued by the Permits and Inspections division of the Department of Planning and Community Development. As of the writing of this report,that building permit is still active. • To bring the use into conformity,the applicant has the option of converting the duplex into a single family dwelling; however,the applicant expressed his desire to retain the existing non-conforming duplex use as approved by City Council in 2012. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. • On-street parking along Shore Drive is not permitted. On-street parking along the east side of Kendall Street is also not permitted; however, on-street parking along most of the west side of Kendall Street is permitted 24- hours per day,therefore any overflow parking beyond the minimum parking spaces required could occur within this area of the public street. No parking signs are posted in all applicable areas on Kendal Street and Shore Drive. LA PAZ, LLC Agenda Items 12 & 13 Page 2 Short Term Rentals in the Vicinity 10.10 1ie. z ss 00_! .ems ft" , '., m .1 , ill01, C,viaUlirlio 400 00400V ° % ' �, ®� STATUS l ♦4 A rOVed f�' = - • r • • pap .�... .# • Denied tg\ 0 Under Review��\ , r'�hit' ,• , O Registered 1 ` •`,4/4 r Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a six bedroom duplex Short Term Rental on the subject site(three bedrooms in each unit).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. 2565 Shore Drive 2565 Shore Drive Unit A Unit B Number of bedrooms in the Short Term Rentals: 3 3 Maximum number of guests permitted on the property after 11:00 pm 9 9 (maximum 3 per bedroom): Number of parking spaces required (1 space per bedroom required): 3 3 Number of parking spaces provided on-site: 3 3 LA PAZ, LLC Agenda Items 12& 13 Page 3 / \ \ �� P-1 \ O`r e \ R-3R _ „Fyn• \ Zoning History \ \ # Request ��`` /> ,;.ji \ P, 1 NON(Expand existing duplex)Approved 10/09/2012 \' •q NON(Construct two single-family dwellings)Approved 08/08/2014 2 NON(Expand existing duplex)Approved 04/10/2017 R-7 S \--- Ft-i)r's S :,--V. ' * ,- \ ',,, Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation This site is located within the Cape Story by the Sea subdivision,which is primarily home to single-family dwellings; however,there are numerous non-conforming duplex units scattered within the R-7.5 single-family zoning district area of the neighborhood. In this case,the subject property contains one of those nonconforming duplexes which was approved to expand and improve in 2012 by City Council. In addition,there are approximately five blocks of R-5R duplex zoning district found in the northeast corner of the community, which contains mostly duplex dwelling units and is situated 100-feet from the subject property. Additionally, this site faces Shore Drive and is roughly 300 feet from the public beach of the Chesapeake Bay.The applicant's parking plan depicts six required off-street parking spaces within two distinct on-site compacted gravel/crushed shell parking areas.These parking areas were approved by City Council as part of the 2012 expansion to a nonconforming use request; however, there is additional parking surface currently on the site that is beyond that approved by City Council. The applicant has agreed to restore those areas to turf and plantings as shown on the submitted parking plan. As a result, if City Council wishes to approve this request, recommended condition #4 was added to address this restoration. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. While Staff typically does not recommend approval of non-conforming use conversations to Short-Term Rentals,the uniqueness of this specific property is recognized as it relates to its location abutting Shore Drive, its proximity to the R-5R Duplex Zoning District (within 100-feet), its potential conversion to a six bedroom single-family dwelling Short Term Rental,and City Council's prior approvals to allow the non-conforming use to expand. Moreover,the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can also be reasonably met by the applicant as a duplex. 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 units addressed as 2565 Shore Drive (A& B) and the Short Term Rental use shall only occur in the principal structure. LA PAZ, LLC Agenda Items 12& 13 Page 4 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. An entryway drive apron placed to meet all applicable code requirements must be created as shown on the parking plan illustration within the"Site Layout and Parking Plan"section of the Staff report unless this requirement is waived or modified by the Director of the Department of Planning and Community Development or his designee. 4. The area noted as"Existing and proposed turf and plantings" on the"Site Layout and Parking Plan"section of the Staff report shall be planted in accordance with a detailed planting schedule plan.Such plan shall be submitted to the Zoning Administrator for review within 30-days of any favorable City Council action relating to this Conditional Use Permit Request.The plantings and turf shall be installed within 60-days of the Zoning Administrator's approval of the submitted planting schedule plan. 5. All City Council approved conditions listed in the 2012 expansion to a non-conforming use request must be met prior to any Short Term Rentals occurring on the property. 6. 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. 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 two(2)) 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. LA PAZ, LLC Agenda Items 12& 13 Page 5 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 one(1) rental contract 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 two (2) 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 sent an emailed notification regarding his Short Term Rental request to the President of the Cape Story by The Sea Civic League, Ms.Albis, on March 6,2020.Staff is not aware of any further contact between the civic league representative and the applicant. • The applicant reported that they met with the surrounding property owners,and no objections were raised. 5 letters of support have been received by Staff relating to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 26, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 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 August 19, 2020. LA PAZ, LLC Agenda Items 12& 13 Page 6 City Council • 7 letters of support/opposition have been received by Staff related to this request. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9,2020, and August 16, 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 August 12, 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 August 21, 2020. LA PAZ, LLC Agenda Items 12& 13 Page 7 Site Layout & Parking Plan (1st proposal) 2565 Shore Drive Unit A/3-bedrooms Existing and proposed Unit B/ 3-bedrooms turf and plantings 18' I Driveway apron— 0 18' placed to meet Public I 18' I Works Specifications i- V and Standards I 9' x 18' parking space on compacted gravel I I co f tio f rm E a i v I 12' I ' y r 36' 1 18' • I LA PAZ, LLC Agenda Items 12 & 13 Page 8 Site Layout & Parking Plan (2nd Proposal) 2565 Shore Drive Unit A/3-bedrooms Existing and proposed turf Unit B/3-bedrooms and plantings Driveway apron —placed to '"� meet Public Works •• Specifications and Standards s 18'3 P 9' x 18' parking space g' ! on compacted gravel- 3 I Unit A tt9' 1 36' 2 `� 9' x 18' parking space on compacted gravel- 1 I Unit B ' i.o � = 1 5' 1 Pi4 (r) KEN.)A., Si. • A Y.--t,-. :j 15' 12' 15' 'SNORE DRIVE (1 00') MURRY A71ANAC AVE. 4 LA PAZ, LLC Agenda Items 12 & 13 Page 9 Site Layout & Parking Plan (3rd Proposal) This plan was presented at the Planning Commission hearing on June 10th, 2020 and was the focus of discussion by the Planning Commissioners, the applicant, and the citizen speakers. 2565 Shore Drive -- Unit A/ 3-bedrooms - * Raised planting bed with Unit B/ 3-bedrooms C_ low growing plants. Bed and contents must be approved 3 . f by the Zoning Administrator 2 3 —No parking is permitted at this location 1 2 Existing and proposed turf L22 12' 1 and plantings i 1 g I. Driveway apron— i— placed to meet Public 1Works Specifications and Standards 9' x 18' parking space on compacted gravel Unit A Cr' 9' x 18' parking space on * 1 15' compacted gravel- Unit B 15' 12'liii—it 15' — - * --SHORE DRIVE (100') -._._ v"' FORT€ Y ARMWAC AVE. r LA PAZ, LLC Agenda Items 12 & 13 Page 10 Landscaping Plan (no longer accurate) limill ?'; ' • Existing vegetation to remain •-•;:: .,4 11II 'J 1 101 I II I 1 Existing vegetation to remain 1 • Screening vegetation at neighbor's fence • ExisTiN; NUItDING TO REIAAN 3 • • • I P • •@;• .. Roses and Liriope 1S t Groundcover/low shrubs to encourage parking parallel to Shore d ---+ Dr;but not to block visibility to drivers leaving Kendall Street _�--"- L LA PAZ, LLC Agenda Items 12 & 13 Page 11 2012 City Council Approved Plans I ......,___;-,-, , ii 6 \ s k k _ .v, ..\n: .n.r.n.... . _ J 3 j )` _' ![ill' 1 i' i 11 _ { e xOwc ro i "6M PROcOsw APPROVED `o BY 1 COUNCIL w c i. „c SIGN . .$ DATE Z IZ E a P. PLANNING DEPARTMENT iLi ra, Boni t:, :- _ _ _ 3 h 1 i r.1. SHORE DRIVE r s'ji Comb IriCes 'I j 1 ,ti I - _ .. ----- - PROVED rSJI�.J' , IFI ( �� I Y COUNCIL El 31- SIGN ' ' �� - r DAf E first IL _- - _ PLANNING DEPARTMENT PROPOSED 2012 City Council approved site plan 2012 City Council approved elevation plans (expansion to Non-Conforming Use) (expansion to Non-Conforming Use) LA PAZ, LLC Agenda Items 12 & 13 Page 12 Floor Plan Bedroom Bedroom 1 J 1"floor Kitchen/ Kitchen/ Living O 0 Living 8 ° 1 Existing porch i t ) Bedroom Bedroom U U 2^d Floor . C r '`► og W/D W/D V g to? o 8 C � Bedroom sk Bedroom o LA PAZ, LLC Agenda Items 12 & 13 Page 13 Site Photos --N.... 1 i _ ram... 7.41v.-- ,, �^ ..e i. . ,, l Roof of 2565 - - - Shore Drive Street View—Shore Drive - P :,,t ta. Z 3t �c `' ..• r a ..:� '3- ,_.re Drive Street View—Kendall Street LA PAZ, LLC Agenda Items 12 & 13 Page 14 Site Photos e • . r• • -•- - ram'; • t; -15 • LA PAZ, LLC Agenda Items 12 & 13 Page 15 Site Photos if_, , ,,, _ 4..4,: .,......,` \ -..., 1 IW 0 _ • „ .,. . /. . •.:: '. A . .. II II■ «mow.i I �i r :fa a t� _ d„ _ `, -i` f .-V.w . ,, w a - ,,-- i LA PAZ, LLC Agenda Items 12 & 13 Page 16 Site Photos 41, -,4 � ; .------____-------..„: —"-- ( ' •• " if., 1,, ,-. t : - , , , =� •'../ . lir _ _______Th ' _ , � , s • ,..,_„.,,,,,..- -- -_ -.4.--., ,.. -_,.. _,='.!.,---•:.-." 0,-- .S..-4:1-- ',,,4.- ' - _ 41441/4 LA PAZ, LLC Agenda Items 12 & 13 Page 17 Disclosure Statement N/B Virginia Beach APPLICANT'S NAMELa Paz 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 Alternative Compliance,Special Property Conditions or Proffers Economic Development Nonconforming Use 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 Planninn Commission and City Council meetin.that pertains to the application(s). 9 i APPLICANT NOTIFIED OF HEARING DATE J lUf a 11,2020 -Wivi ® I NO CHANGES AS OF DATE June 11,2020—WM&August 12,2020-WM I a:vaca—aac c;.R:u-Fn DATE 1l W ilium'M%ller June 11,2020 WLlliarry Maier-August 12,2020 LA PAZ, LLC Agenda Items 12 & 13 Page 18 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, X business,or other unincorporated organization. �,I ,7 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:La Paz LLC If an LLC,list all member's names. Chris Wood 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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different fromplicant. Check here if the PROPERTY OWNER IS NOTa corporation,partnership,firm, business, or other unincorporated organization. al 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:La Paz LLC If an LLC, list the member's names:Chris Wood Page 2 of 7 LA PAZ, LLC Agenda Items 12 & 13 Page 19 Disclosure Statement NATB Virginia Beach If a Corporation, list the names ofall officers,directors,members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets,the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or an.ybusiness operating or so 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 LA PAZ, LLC Agenda Items 12& 13 Page 20 Disclosure Statement VB APPLICANT Virginia Beach • YES j NO I SERVICE PROVIDER Cu,.additional sheets If needed) L Accounting and/or pre parer of '� 'your tax return Architect/Landscape Architect/ Land Planner _ Contract Purchaser of other than IllXl the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed f1 Ix' purchaser of the subject property I /� (identify purchaser(s)and purchaser's service providers) riN Construction Contractors \ Engineers/Surveyors/Agents Martin Engineering(defunct) Financing(include current and MT Survey mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services �. Real Estate Brokers/ lnl 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 IV an interest in the subject land or any proposed development IQ 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 LA PAZ, LLC Agenda Items 12 & 13 Page 21 Disclosure Statement rubd Virginia Beach I CERTIFICATION: j 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 I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application _1/ 5a,„,J 1 APPLICANT'S SIGNATURE - PRC NAME DATE Page Sof 7 LA PAZ, LLC Agenda Items 12 & 13 Page 22 Disclosure Statement OWNER Virginia Beach YES NO SERVICE l DE I s. PROVIR adu nal sheets If nee'/\I rin Accounting and/or preparer of l I I your tax return I ❑X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I l I ' purchaser of the subject property L J I^ (identify purchaser(s)and purchaser's service providers) I] IX! Construction Contractors Engineers/Surveyors/Agents Martin Engineering(defunct) j and DKT Survey Financing(include current 1 ❑X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑X Legal Services Real Estate Brokers/ (� Agents/Realtors for current and ICE 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 I 1 0 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 LA PAZ, LLC Agenda Items 12 & 13 Page 23 Disclosure Statement Virginia Beach 0 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is I complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided her i'n two weeks prior to the Planning Commission, Council, VBDA meeting, or eeting of any public body or committee in connection with this Applic. ', ( k ! 4( � PROPERTY OWNER'S SIGNATURE PRINT NAME DATE I - --_--- -- Page 7 of 7 LA PAZ, LLC Agenda Items 12 & 13 Page 24 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. LA PAZ, LLC Agenda Items 12& 13 Page 25 • ;.,, „,_ 0(10Ni. !M. • c o 0` G cc ` i !`�'� i 6i_ w , . 4,, ...0.7,c, 0,\ .C.-- -, --7, J 4.4 ‘ ' '±e\e‘ , ?A .fir .1 \ t Q J 1 ! o W a� 1 `'~.-A''` \ '--=' 1 co The verbatim of the June 10, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on August 25, 2020, again due to advertising error. Items # 24. & 25. La Paz, LLC Conditional Use Permit (Short Term Rental) 2565 Shore Drive, Units A & B June 10, 2020 RECOMMEND FOR APPROVAL — HEARD Mr. Landfair: Thank you Ms. Oliver, to ensure this live electronic public hearing is successful. Please note, the following meeting order of agenda and instructions will be followed. The order of business will be as follows, withdrawal and deferred agenda items. First is the consideration of requests to withdraw or defer an item. If you signed up to speak, you will be called upon following the applicant's request to withdrawal or defer the item. However, please speak only to the matter of the withdrawal or the deferral and not to the merits of the item. Consent Agenda Items, these are items that the Planning Commission looks upon favorably and there are no speakers signed up to comment. Consent Items will be voted upon as a block and will not be brought up again for further consideration by the Planning Commission. Last are the Regular Agenda Items. These items will proceed in the following manner. A. Statements by the applicant or applicant's representative, followed by questions from the Planning Commission by raising their virtual hand. C. Statements by any registered speakers followed by questions from the Planning Commission by raising their virtual hand. D. Rebuttal by the applicant or applicant's representative, followed by questions from the Planning Commission if desired, by raising their virtual hand. F. Deliberation of the application by the Planning Commission by raising their virtual hand and G. Voting on the application by a verbal vote when recognized by staff. It is important that the planning commissioners hold their comments until recognized and to pause for three seconds after being recognized in order for staff to unmute you. Also, it is helpful for commissioners to ask all questions at once and by stating you will stand by for responses. This helps to ensure that all of your questions are answered before moving on to the next Planning Commissioner. During Planning Commission's deliberation, there will be no further public comment, unless a question is asked by the Commission. Staff will attempt to facilitate real time citizen participation and comments in the public hearing 1 for those citizens who have registered. Planning Commission Policy provides 10 minutes for the applicant to present the request and all other speakers are limited to three minutes each. If you are the representative of a group, you are allowed 10 minutes to speak. Staff will be timing presentations. Please be advised that staff will mute you when your time expires. Madam Chair and Planning Commissioners, there are six speakers registered for today's public hearing during the regular agenda for Items 24 and 25. Those who have registered with staff to speak on the agenda item will be called in the order in which they registered. Speakers will have up to three minutes to make their comments or 10 minutes if representing a group. If the speaker does not respond or if a technical issue occurs, which renders the comments unintelligible, the next registered speaker will be called upon. Following each speaker's comments, the Planning Commission will be asked if there are any questions of the speaker, and if so, please indicate Yes, by raising your virtual hand. Speakers please mute any additional devices you have in the room to avoid any unnecessary background noise and or the possibility of echoing and reverberation. Please, note that once your name is called you should wait three seconds to ensure the Planning Commission hears your complete remarks. Please begin your comments by identifying yourself. Also, do not ask "can you hear me" as only one feed is open at a time to minimize the echo reverberation, and as such, you will be unable to hear a response. Once public comment is complete, the floor will be open for Planning Commission discussion and ultimate vote. At the conclusion of the public hearing, the chair will adjourn the public hearing. Please note that the actions taken by the Commission today are in the form of a recommendation to the Virginia Beach City Council. The final decision to approve or disapprove an application will be made by the City Council. The Commission thanks you for your attendance and we hope that the experience here today leaves you feeling that you have been heard and treated fairly. Madam Chair and members of the Planning Commission, are there any questions about the process? Or does the Planning Director have additional comments? If so, please raise your virtual hand to be recognized. I will note that Mr. Redmond has now joined the group. Also, I would like to remind the Planning Commissioners to unmute their cameras, if they wish to be saying. Seeing no more hands raised, we will now move on to the Agenda. Ms. Landfair: Madam Chair and members of the Planning Commission. The next order of business is the regular agenda. The presentation of the Regular 2 Agenda is as follows. Statements by the applicant or applicant's representative followed by questions by the Planning Commission of the applicant or staff. Statements by any registered speakers followed by questions by the Planning Commission of the speaker or staff. Rebuttal by the applicant or applicant's representative followed by questions by the Planning Commission if desired of the applicant or staff and deliberation of the application by the Planning Commission with a motion followed by a vote. There are six items on the Regular Agenda items 9, 22, 23, 24, 25 and 30. Agenda Item nine, You Are Not Alone, LLC for conditional use permit requests for Short Term Rental at 207, 79th Street Unit-C in the Lynnhaven district. The applicant is Michael Hunt. Mr. Hunt has signed up to speak. Please provide a summary of your request and remember to identify yourself for the record and pause three seconds before speaking so that we can activate your microphone. Mr. Hunt you have the floor. Thank you. Mr.Landfair: Agenda Items 24 and 25 La Paz, LLC for conditional use permit request for Short Term Rental at 2565, Shore Drive, Units A and B in the Lynnhaven District. The applicant's representative is Chris wood. Mr. Wood is the applicant for presented and has signed up to speak. Please provide a summary of your request and remember to identify yourself for the record and pause three seconds before speaking so that we can activate your microphone. Mr. Wood you have the floor. Thank you. Mr. Wood: Thank you, Mr. Landfair. I apologize when you tried to ask for the other speakers they were not going to speak but I had no way on the last one to tell you that. The same thing is going to happen here. I do not believe any of those people will speak just so you are aware. So, my name again is Chris Wood. I represent an property at 2565, Shore Drive. The property is more than 50 years old, the city thinks it was built in 1965 and I believe it was built before that. And as in the big issue here is the traffic as you all know, in fact, the entire reason I purchased this property was because there was a huge visibility issue and turning out of cape story onto Shore Drive. When I bought it, cars were actually sticking out on Shore Drive. Since I purchased the property 10 years ago, I made a lot of efforts. I rented a bobcat and removed about five foot in the front yard. So now cars can pull up closer to the house and further from Shore Drive. I actually took out as much dirt as I could without jeopardizing the foundation and the structure. Again, let me thank Will Miller, he has been instrumental in helping and he has worked with Todd Solomon of Shore Drive, and Jill Abalone of Cape Henry Shores, and myself to help design the best parking to the extent 3 possible. I have lived in the neighborhood for 22 years. I currently live five houses down from the property. I have been in the property management business for more than 30 years and my wife is a real estate agent with Atkinson Real Estate, so she has got experience as well. I have reached out to all my neighbors, my neighbors all have my cell phone number. I am available 24/7. I have spoken with the immediate neighbors, and with Cape Story Civic League. And as you all know, I have letters of support from several neighbors including two of them immediately across the street. I believe this is an excellent location for Short Term Rental, as there are only two immediate neighbors. And this is not "in the neighborhood" it is on the outside of the neighborhood while on Shore Drive adjacent to First Landing State Park. I agree with the conditions and the change in the parking plan. We are going to do the best we can to make it safe. And we have also requested the city to do a line of sight study from I guess it will be east of this property from Kindle to see if there are some improvements that the city can do along as well. So, that is my presentation. I am happy to answer any questions. Mr. Landfair: Are there any questions of the applicant by the Planning Commission? If so, please raise your virtual hand. Staff acknowledges the virtual hand raised by planning Commissioner Redmond. Commissioner Redmond your mic is open for comment. Mr. Redmond: Well, I guess it really isn't for Mr. Wood. I am just curious if that satisfies the neighbors concerns about this building? Mr. Wood: I guess so. Mr. Landfair: Are there any more questions of the applicant at this time by the Commission? Mr. Tajan: If we can get staff online. Mr. Miller. Will Miller, if you are on and you had discussed with those that had concerns and have showed them this most recent parking layout, if you could put it for the record your discussion. Mr. Miller: Thank you, Mr. Tajan. Yes, I got an email from the Cape Henry Shores Civic League President that based on the revised plan, which, the only copy of it is what you see there in the PowerPoint because this all happened late, yesterday, and early this morning. As far as I know, there is no parking in that first nine or 10 feet from the right of way line, and there is an area of planting, where you see that little star in the lower left, making it clear for these rental tenants not to park in that area, or possibly even unable to park with a raised flowerbed, which would make it even more challenging for 4 someone to try to drive up and over it. They would be okay with this scheme as you see it. Mr. Solomon, I think is registered to speak today and he had some questions for Ric Lowman, our City Engineer, who has contacted me during this hearing and is prepared to speak on those, I am not as sure about Mr. Solomon, but I am positive the president of the Cape Henry Shores civic league is ok based on this scheme as you see it. So, I am not sure if we need to modify any conditions or add something today to make this a part of the recommended approval. Thank you for your time. Mr. Landfair: Thank you. Are there any more questions for the applicant at this time by the Commission? Staff acknowledges the virtual hand raised by planning Commissioner Wall. Commissioner wall your mic is open for comment. Mr. Wall: I am done for the applicant. Now, it was just for general discussions. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by planning Commissioner Inman. Commissioner Inman, your mic is open for comment. Mr. Inman: Thank you, Bill. My concern is what is going to go on in the front part of the property in terms of parking. I see this one space there and not having physically seen the property, I am understanding there is some sort of landscaping mound on the corner, then apparently there is a paved area and the rest of its paved space. It is a question I guess I have got; is it paved? If it is, I think I would like to see some no parking signs be required as those vehicles could come in and park straight on and block the view of people coming out of Kendall Street, that is all I got. Mr. Tajan: In general, we try to get the photographs of the screen. As you can see, the site is currently under construction. Marchelle, I am sorry, can you go back or Bill, to see the next photo, the site is currently under construction. They are working on constructing the duplex in accordance with the approval from City Council. And based on the parking plan that is here, it is noted that there will be a raised planter bed to prohibit parking in that front area, which was an area of concern, and only allow for the one parking space, which is typical of these Short Term Rentals. On certain websites, you do a lot of times have to help and show folks where to park and these would be under what he would need to do for his rental agreements if this were to be approved. Mr. Landfair: Staff acknowledges the virtual hand raised by Planning Commissioner Inman. Commissioner Inman, your mic is open for comment. 5 Mr. Inman: The area I was concerned about looking at the picture on the screen is the area that is not designated as a parking space, but the other area where a car could pull in. It's about 20 feet of distance between the front of the house, if that is what the green is, and the right away. And I am concerned about vehicles parking in there visiting people, whoever. And that is why I was suggesting that the applicant might be required to have no parking signs posted, so the only parking could occur in that one spot. Mr. Landfair: Planning Director Tajan. Mr. Tajan: Mr. Wood will direct the question to you, would you be willing to accept the condition that will require you to put no parking signs on that portion of the driveway area? Mr. Wood: I have no problem with that, but I guess what we need you all to realize is that this has been a problem for 50 plus years, I have made it infinitely better than it was. No parking sign or not, with the traffic travelling there in well in excess of 50 miles an hour, sometimes in the 35. There will be a time where you know, you are kind of winding up there, I am happy to put up an aesthetically pleasing no parking sign. I mean, this is at the front of the property, so I would want it to be aesthetic, but at the end of the day, this is better than what is there. But I cannot promise you that no one's ever going to park there just because you have got shore drive there and it is going to be difficult to park there because this apron that is shown here is what is required by Ric Lowman. And, so it is very tight, it is infinitely better because before you can have five or six cars perpendicular to this all backing out in shore drive. So, this is by no means perfect, but it is a lot better than it has been for 50 years. All that said, I have no problem putting a nice aesthetic small no parking sign low on the on the retaining wall. I just do not want to sign right in front of the rental, you know that looks inappropriate. I hope that answers the question. Mr. Landfair: Seeing no more questions from the Planning Commission. We do have three speakers signed up to comment. The first speaker is Todd Solomon. I am sorry, the first speaker is John Keenan, followed by Todd Solomon. Please identify yourself for the record and pause three seconds before speaking. Thank you. Mr. Keenan: Yes, my name is John Keenan. Again, I agree with Mr. Wood. This property is 70 years old and the owner has dramatically improved the property. Like he has commented, the parking situation is much better than it was over the last 50 years prior to owning the building and buying the property, or as our 6 cars parked on Shore Drive blocking the view of motorists. You know, the owner who lives seven houses away and is available by the seller 24/7. He has been a professional property manager for more than 30 years. It is a great location for Short Term Rentals as it is next to the State Park, not on a neighborhood street and across from the Bay. This will support older families of campers in First Landing that find it difficult to camp with younger families. That is why I am supportive of his requests for Short Term Rentals. Mr. Landfair: Are there any questions of Mr. Keenan by the Planning Commission? If so, please raise your virtual hand. The next speaker is Todd Solomon. Please note that you have three minutes to speak. Please identify yourself for the record and pause three seconds before speaking. Thank you. Mr. Solomon: Good afternoon, Madam Chair and Commission Members. My name is Todd Solomon president of the Cape Story by the Sea, also the current president of Shore Drive Community Coalition. Shore Drive Community Coalition has been in existence for over 20 years. One of our standing positions for the coalition is to make and keep Shore Drive as safe as possible for motorists, pedestrians and cyclists. We do not have an issue with making this a Short Term Rental as I have noted in the email comments to you, our main issue is the visibility and we understand it came with the property and has been like that forever, it has been documented by Cape Henry Shores multiple times and requests to have a stoplight put there too, so it is unfortunate that Mr. Wood has that property and that issue with it. He has made it better, that is correct. And it looks like it could get even slightly bit better. I know this thing, it is a moving target as of yesterday. It started with three cars parked out front, I think, and then two cars, now it is down to one car and that was done like around five o'clock yesterday. So my next question would be, is it okay to keep moving the cars and everything in the back and stacking them, why not make it perfect now and move that one car that is out front, into the back. Also, have all the cars parked in the back, landscape the whole front and "that visibility out there with how to put a sign that says do not park on the grass or whatever (unknown exactly what was said). Maybe that could happen too, but at one point, all three of those cars were upfront now in the back. Once again, I am having a line of sight study done. We are shooting in the dark here to try and explain where the best spot for that property would be and I agree with Mr. Commissioner Inman that cars would be parked vertically there if you are having a party or you have extra people come to visit. They could be parked in there perpendicular to shore drive, which would just counteract 7 that whole parallel aspect of parking spot number one. So you know, let us make it perfect, we have the ability to do this. Make it a Short Term Rental with all six car parking spots in the back and no parking upfront. And if it could be done with a line of sight study I think it is still going to need a line study done. And I would hope that engineer Lowman would provide that. I am surprised it has not been done already due to the fact that multiple accidents happen there often. That would have been one of the first things I think should have been done. So again, you do not have an issue for using Short Term Rental, but it is possible. Mr. Landfair: Are there any questions for Mr. Solomon by the Planning Commission? If so, please raise your virtual hand. The last speaker is David Williams note that you have three minutes to speak. Please identify yourself for the record and pause three seconds before speaking. Thank you. Mr. Williams: Good afternoon, everybody. My name is David Williams I hope you can hear me all right. I am a resident of Cape Henry shores and the past president of Shore Drive Community Coalition. I support Todd in his statements, he has been there a long time. Shore Drive Community Coalition has consistently tried to improve the safety along Shore Drive. As a resident of Cape Henry Shores, I have seen very dangerous situations occur because of obstruction in the line of sight vision when you stop at the stop line on Kindle as you try to exit off Kindle onto Shore Drive. There is a problem along this section of Shore Drive with speeders. It was not resolved by lowering the speed limit from 45 to 35, and it continues. Back in 2007, we tried to get a traffic light and we tried to find out our residents who were saying to us that they are having problems. We had one resident that had two traffic accidents trying to get out. We were trying to determine what the problem was. The problem was with line of sight as you look West, that eastbound traffic is hidden by any obstructions from your view. When they are coming at you at 35, 45 or 50 miles an hour, you have very little leeway, very little margin of error, an inexperienced driver or somebody that is not experienced enough to judge that well enough to be in a very perilous position. I am not opposed to this being a Short Term Rental. But I think before this is a Short Term Rental and the parking plan is approved. The city really needs to do an official line of sight survey from the whole position on Kendall looking west. Only from that can we see whether it meets federal highway standards. As of now, it is my estimate, as a layman, that this does not meet Federal Highway standards for 35, 45 or 50 miles an hour as these vehicles are coming at you. I would like to see a line of sight official line of 8 sight survey being done before this is approved. Thank you very much and thank you for your time. Mr. Landfair: Are there any questions of Mr. Williams by the Planning Commission? If so, please raise your virtual hand. Say none. You have the floor. I'm sorry. Planning Director Tajan. Mr. Tajan: Yes, thank you, Bill. I believe we have Ric Lowman that is also online. If you would like to comment, I know he is prepped to answer any questions, but Ric, I will hand it over to you since there has been a lot of discussion about potential studies that need to be done and compliance. So, if you can take a moment, please. Mr. Lowman: Hey, good afternoon this is Ric Lowman Public Works Traffic Engineering and I have been listening to this and I did get Mr. Solomon's email last night with some of the questions on it regarding Kendall Street in Shore Drive intersection. I am prepared to give you information regarding all four of his questions, but really the only one that plays into what we are considering right now, which is the Short Term Rental of Mr. Woods property, the only question that, you know, really I need to answer is, as shown with the parking plan as shown, the one parked car there will not interfere with the line of sight coming from Kendall Street, you know, looking west. You know, with that area being a green space, a low level green space that the drivers eyes about three and a half feet, so as long as we are, you know, less than three feet, we are in good shape if no cars parked in that green area. So, I could say without a doubt that you know that your sight distance is not impeded by car parking space number one. I did take a look at that this morning. You know, some of the other things I could answer to Mr. Solomon and Mr. Williams, directly with them. But as far as the Short Term Rental goes, you know, if cars are parked per this plan, then sight won't be impeded. If you would like me to answers, I can. Mr. Tajan: Thank you, Ric. I think that is what the Commission needed to have answered for them. .Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Alcaraz. Commissioner Alcaraz your mic is open for comment. Mr. Alcaraz: Thanks, Ric. Thanks for answering. I do have one question on like a traffic control parking plan. Are you okay with that 12 foot with the backup on the cars in the back is that sufficient? 9 Mr. Lowman: Can you put the plan back up. The 12 foot wide driveway going to the back, that is sufficient for a single family or a duplex. It is really a private issue, so traffic engineering really does not have much to say regarding the onsite circulation, except for the, you know, for the area there in the front, we would comment on that circulation but with five cars parked in the back, I mean, they are going to have to maneuver themselves in and out if you actually do have five cars in there. But that is not something that traffic engineering generally comments on but a 12 foot driveway with you know, leading back there is nothing substandard, we have seen smaller ones than that. As far as the apron goes, you know, we worked on that apron Monday and Tuesday to get it to work and make it look as much like a standard, you know, Public Works entrance, residential or commercial that you would find on arterial roadway with a speed of 35 miles an hour or higher. So, the entrance, I am good with it and the driveway to the back, that is not really my issue per se. Mr. Landfair: Staff acknowledges director. Mr. Tajan: Mr. Alcaraz, Zoning and Planning staff has reviewed that parking layout and is comfortable with the ability to have essentially called the Hammerhead where they can back out into that area. We can put the parking plan back up please. There is an area where they are able to back up and then turn and so staff is comfortable with that they can maneuver this although tight, they can maneuver this with the distances and as it is shown Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Commissioner Inman your mic is open for comment. Mr. Inman: I would like to talk to Ric Lowman about the suggestion I made about prohibiting parking in the area in front of the residence, that is now shown as grey concrete, if that is what it's going to be, so that you could not get cars parked perpendicular to Shore Drive and with that assist and keeping it clear. Mr. Landfair: Ric, would you like to respond, please? Mr. Lowman: Yes. So because this is a use permit, I guess you could put conditions on this, you can always put a condition that says, okay, yeah, no parking was allowed in that area. However, the enforceability of that, from a public point of view, meaning the police or you know, whatever sign you put up would be nothing more than a private recommendation or I mean, it could be a condition of the approval of this that be enforced by zoning or whoever is going to, you know, operate the renewal of these permits, but as 10 far as an official no parking sign, there will be no grounds to enforce and no parking sign on private property. So, you know, the police could not come and tow anybody, it would just be something that you can put as a condition that says basically, if there is, you know, if there is a problem there and people are starting to park like that, that you could renew it, you get a you know, or you could pull that permit before that. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by planning Commissioner Inman. Commissioner Inman, your mic is open for comment. Mr. Inman: Well, having heard that, I think that even if you put it in the category of deterring from parking, it would be helpful. And apparently it could also, if it's part of our conditions that it be there, and neighbors, other people, or drivers who are finding that there are cars violating that parking prohibition that causing a problem with visibility, then that could be enforced through zoning. So it seems like it's this visibility thing that is a big problem, we should do everything we can, I think to try to prohibited it or impede it. So I would suggest a condition that no parking signs be posted and the staff design hose signs in harmony with what the property owner would like to have in terms of aesthetics, making sure that it is very clear and visible, that is it. Mr. Landfair: Thank you. There are no more speakers Madam Chair. You have the floor Ms. Oliver for Planning Commission discussion or to entertain a motion. Ms. Oliver: Thank you, Bill. So I am going to open the floor for discussion by the Planning Commission or entertain a motion at this time. Please raise your hand if you have a comment or motion and the staff will open up your microphone. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman your mic is open for comment. Mr. Inman: I would move for approval of the application with the conditions as stated and the additional condition that there will be no parking signs more than one in the area in front of the residence in a location and design approved by the staff. Mr. Landfair: Madam Chair, staff opens the mic for you to call for a second. Ms. Oliver: May I have a second please? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond your mic is open for comment. 11 Mr. Redmond: Yeah. So, "what is more than one mean" Mike (unknown what was said)? I mean, there is one parking space we are concerned about the front. I do not understand what are you talking about? Can you be more specific about what it is you are asking? Mr. Tajan: Mr. Inman. Mr. Landfair: Mr. Inman. Mr. Inman: I am trying to leave it to the staff and the applicant to work together, there may not be just one sign, but I would think that we would need at least two located on the front. Staff might think it needs to be three, I do not know, but more than one, it is up to them. It is up to the staff and the applicant to work out the number of signs. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Weiner your mic is open for comment. Mr. Weiner: I would like to ask Mr. Wood his thought. I know he mentioned something about a no parking sign there, but being that Mr. Lowman said that there is just one car there, they would not mess the line of sight up but I would like to ask Mr. Wood, if he is still on or not, what his thoughts are again on that. Ms. Wilson: Kay Wilson, You all have a motion that is hanging. There needs to be a second on this motion before we can have discussion. Mr. Landfair: Staff acknowledges the hand raised by Commissioner Oliver. Ms. Wilson: Somebody just second it. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond your mic is open for comment. Mr. Redmond : No I am not going to make a second so I will just move on. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Weiner your mic is open for comment. Mr. Weiner: I do not want to second this because I am not sure how I want to see this go. So I could, can I make another motion to just approve it as-is, the application as-is till we talk to Mr. Wood. Ms. Wilson: Make that substitute motion now, I need a second for the substitute. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Alcaraz your mic is open for comment. 12 Mr. Alcaraz: I second the substitute motion for Mr. Wiener. Mr. Landfair :Staff acknowledges the virtual hand raised by Commissioner Inman your mic is open for comment. Mr. Inman: I don't know what the substitute motion is. But I do want to make it clear that we have a plan that shows a parking space, which is fine. And Mr. Lowman says that is fine, that is parallel to Shore Drive up against the house. I am trying to address the prohibition of parking of random cars pulling in perpendicular to Shore Drive or any other way, sideways whatever, in that area that might obstruct the view of drivers coming out of Kendall Street. It just seems like a no brainer to me. I do not understand why it's causing a problem. So I would be willing to change my motion to say two signs as opposed to leaving it open, that seems to be disturbing to anyone. Mr. Landfair: Staff acknowledges. Mr. Tajan: At this time we currently have a motion on the floor to approve as submitted, including provide parking layout provided today at the briefing. I believe you have a comment for Mr. Wood or potential for any of those that motion second if they would consider adding a condition to prohibit parking in the front in some manner. I don't know if we want to have Mr. Wood come back on to address Mr. Inman's comments. Mr. Wood Are you available? Mr. Wood: Yes. I am sorry I have been trying to, is there any way you can add a feature that allows the applicant to raise his hand or something, but this conversation has been going on and I have not even had a chance to respond. I do not want to make these no parking signs. The layout on this is infinitely better than it is today. I mean much safer than it is today. This whole thing is a lot safer than it is today. I do not want to get into a policing issue with trying to deal with people who see the no parking sign and worrying about all this. I wish I could take you all out there because the turn is so incredibly sharp, you get to the back because there is a telephone pole and everything else that you cannot park there anyway and cannot see it from this picture. I do not think that we need a no parking sign and I do not have a problem if someone was to meet me out there and we can look at it, but I do want to make that a condition because number one, I do not think it is needed and number two, I do not think there's a way that you can have a no parking sign. You would have to have the sign that this is no parking, you know, eight feet direction and six foot four inches. I mean it is just kind of meaningless and if you look, I have cut that wall, that is a great picture, I 13 cut that site back five feet to provide more, you know, room off a Shore Drive and the only place to put it will be low on that retaining wall. I absolutely do not want to post it in the middle of the house and this is an older picture actually, but you know, it is the only place to put it on that lower retaining wall and I just do not see the point of it. I am happy to meet somebody out there but I definitely do not want it to be a condition of this because again, everything I have done here makes it way better and it is currently way better than the last 50 years. So, I think what I have done is certainly better than anybody else has done in 50 years. So, that is my thought on the no parking sign. Mr. Landfair: Staff acknowledges the hand of Commissioner Oliver. Ms. Oliver: Thank you. Mr. Wood, I know this property well and I have ridden by hundreds and hundreds of times and what Mr. Wood has done to improve it is much, much better than the parking condition it was previously. I think it is a huge improvement for Kendall Street and for Shore Drive, and I just do not really have an issue with this at all. I think had he not done any of this, it would continue to be a problem for the neighborhood as they exit that street. So I think it is a great improvement as far as the sight line goes with this piece of property. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond your mic is open for comment. Mr. Redmond: Yeah, I just want to say at any given time. Ric Lowman is one of the smartest guys in the room and I do not know a better way to come up with judgments on the issues that we are debating than what he says, I certainly trust his judgment better than I trust my own about something like that I am very comfortable that if he says he is comfortable with it. Then I am too and I hope we can get to a vote here quickly. Thank you. Mr. Landfair: Alright. We have a substitute motion to approve the application, made by Commissioner Wiener and seconded by Commissioner Alcaraz. Are any planning commissioners abstaining from the vote? The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes, if you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. 14 Mr. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By a recorded vote of eight, for and zero against Agenda Items 24 and 25 are hereby recommended for approval by the Planning Commission, thank you. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 15 Conditions: 1. The following conditions shall only apply to the dwelling units addressed as 2565 Shore Drive (A & B) and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. An entryway drive apron placed to meet all applicable code requirements must be created as shown on the parking plan illustration within the "Site Layout and Parking Plan" section of the Staff report unless this requirement is waived or modified by the Director of the Department of Planning and Community Development or his designee. 4. The area noted as "Existing and proposed turf and plantings" on the "Site Layout and Parking Plan" section of the Staff report shall be planted in accordance with a detailed planting schedule plan. Such plan shall be submitted to the Zoning Administrator for review within 30-days of any favourable City Council action relating to this Conditional Use Permit Request. The plantings and turf shall be installed within 60-days of the Zoning Administrator's approval of the submitted planting schedule plan. 5. All City Council approved conditions listed in the 2012 expansion to a non-conforming use request must be met prior to any Short Term Rentals occurring on the property. 6. 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. 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. 16 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. LA PAZ, INC. 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. 17 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. 18 From: Chris Wood To: William N. Miller Subject: FW: 2565 Shore Dr Application for Short term rentals Date: Monday,April 13,2020 8:14:43 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. About 5 weeks ago Chris Wood Cell 757-675-0779 Vice President—Construction and Development MCLESKEY McLeskey&Associates, LLC 2859 Virginia Beach Blvd, Suite 106 Virginia Beach, VA 23452 757-340-1251 From: Diana Albis<Diana_Albis@lifenethealth.org> Sent: Monday, March 9, 2020 5:55 PM To: Chris Wood <chris@mcleskey.com> Subject: RE: 2565 Shore Dr Application for Short term rentals Hi Chris,just want to let you know I received this, and appreciate the heads-up. Thanks, Diana From: Chris Wood [mailto:chrislWmcleskey.com] Sent: Friday, March 6, 2020 7:58 AM To: Diana Albis<Diana Albis@lifenethealth.org> Subject: 2565 Shore Dr Application for Short term rentals Good morning Diana, Hope you are well. I wanted to inform you, as President of CSBTS,that I requesting to use 2565 Shore Dr as a Short Term Rental. It goes in front of Planning Council in May. I have spoken to several of the adjacent neighbors and have letters of support from a few. You may recall, I bought this old duplex a few years ago, primarily because of the dangerous situation it presented for folks exiting Kendall onto Shore Dr. Since then, I have improved the structure, but more importantly removed a bunch of dirt from the front to get the cars further from Shore, as well as added parking in the rear. I don't think I will have any opposition, especially given that this is not"in" the neighborhood, but on Shore Dr. and of course I live 4 houses down if there is ever a problem. If you or anyone else has any questions, please feel free to give them my contact info. Thanks! Chris Chris Wood Cell 757-675-0779 NOTICE:This E-Mail message and all attachments transmitted with it are intended solely for the use of the addressee and may contain legally privileged and confidential information. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message or its attachments is strictly prohibited. If you received this message in error, please notify the sender immediately by replying to this message and please delete it from your computer. From: Brett Pendergast To: William N. Miller Subject: RE: [EXTERNAL]RE: 2565 Shore Dr(application for short term rental) Date: Thursday, March 12,2020 10:45:09 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Brett Pendergast 2220 Sandalwood Rd. Va Beach, VA 23451 From: William N. Miller<WNMiller@vbgov.com> Date: Thursday, Mar 12,2020,9:12 AM To: Brett Pendergast<brett.pendergast.puyz@statefarm.com> Subject: [EXTERNAL] RE: 2565 Shore Dr(application for short term rental) Good morning, Thank you for the letter of support. I'm happy to add your letter to his file; however, please provide your home address. Your address is needed for the "letter of support map" which will show all nearby property locations whose owners either support the request or oppose the request. Thank you. Will Miller Zoning Inspector III Zoning Administration Planning Department 2875 Sabre St.Suite 500 Virginia Beach, VA. 23452 757-385-8074 (main) 757-385-5066 (direct) From: Brett Pendergast<brett.pendergast.puyz@statefarm.com> Sent: Wednesday, March 11, 2020 9:08 AM To:William N. Miller<WNMiller@vbgov.com> Cc: Chris Wood <chris@mcleskey.com> Subject: 2565 Shore Dr(application for short term rental) CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern: Please accept this email as formal support of the application for the use of the property at 2565 Shore Dr. in the name of William C. Wood as a short term rental. In additional to being a fellow Cape Story By the Sea resident, I am also a friend and business associate of Mr. Wood and can say, in good faith and confidence, that he will adequately maintain the property, provide oversight to his tenants and remain compliant with any neighborhood covenants and restrictions. Should you have any questions, please don't hesitate to reach out to me. Thanks. CC: William "Chris" Wood £Statefarm Brett Pendergast 4388 Holland Rd. Ste. 110 Virginia Beach, VA 23452 757.499.6813 o 757.287.9191 c 757.499.6814 f www.brettpendergast.com Prowdnq Insurance and Frnancral Senncr w. Like US on Face'ook! • If this communication is securities related, click here for additional disclosures. William N. Miller From: Nina James <NJames@tciradio.com> Sent: Tuesday, March 3, 2020 8:33 AM To: William N. Miller Subject: RE: Case #2020-pccc-00078 This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Whoops,so sorry! Here it is: 2308 Calvert Street Virginia Beach,VA 23451 Nina James Special Projects Director Tidewater Communications WNOR/WAFX/WJOI 870 Greenbrier Circle Suite 399 Chesapeake,VA 23320 (M) 757.943.0236 (F) 757.366.0022 niames@tciradio.net 1Q64.9 IONA QIC I rat "WOW, • From: William N. Miller<WNMiller@vbgov.com> Sent:Tuesday, March 3, 2020 8:08 AM To: Nina James<NJames@tciradio.com> Subject: RE:Case#2020-pccc-00078 CAUTION:This email originated from outside of Saga Communications. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, Thank you for the letter of support. I'm happy to add your letter to his file; however, please provide the address of your home across the street. Your address is needed for the "letter of support map" which will show all nearby property locations whose owners either support the request or oppose the request. Thank you. Will Miller Zoning Inspector III Zoning Administration Planning Department 2875 Sabre St. Suite 500 Virginia Beach, VA.23452 757-385-8074(main) 757-385-5066 (direct) From: Nina James<NJames@tciradio.com> Sent: Monday, March 2, 2020 4:54 PM To:William N. Miller<WNMiller@vbgov.com> Subject:Case#2020-pccc-00078 CAUTION:This email originated from outside of the City of Virginia Beach..Do not clack links or open attachments unless you recognize the sender and know the content is safe. Hello! I'm giving you a shout on behalf of Chris Wood. He has applied for short term rental for his unit on Shore Drive. I live across the street from that property and it IS a good candidate for short term rental. Because of the way it is situated, I feel it would not be disruptive to the residents or neighborhood. Please feel free to reach out to me with any further questions. Thank you! Nina James Nina James Special Projects Director Tidewater Communications WNOR/WAFX/W101 870 Greenbrier Circle Suite 399 Chesapeake, VA 23320 (M)757.943.0236 (F) 757.366.0022 niames@tciradio.net 106:9 �,uodn .., Li 1 OX .-,,,,-c----- 4 F C This email message, including attachments, may contain confidential and/or privileged material.Any unauthorized use, disclosure or distribution is prohibited. If you have received this in error, please delete it.Saga Communications, Inc. and all its subsidiaries and stations that it owns or operates prohibit all forms of discrimination in advertising contracts. We do not, and shall not, discriminate on the basis of race, ethnicity, or gender regarding advertising practices.All advertising agencies warrant, where applicable, that all radio commercials provided to our stations are properly licensed to be broadcast on radio stations and the associated Internet streams. 2 William N. Miller From: cliff bruner <cliffbru@hotmail.com> Sent: Friday, March 6, 2020 11:41 AM To: William N. Miller Cc: Chris Wood Subject: 2565 Shore Dr.Weekly Rental r'A1rr )N:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I live and own the house at 2569 Shore Dr. Chris Wood is wanting to use his 2565 Shore Dr. as a weekly rental. This house is next door to mine. I have no issue with this. Cliff Bruner 757-510-2472 William N. Miller From: James Resolute <jresolute@gmail.com> Sent: Monday, March 2, 2020 5:53 PM To: William N. Miller Cc: chris wood Subject: AB&B for 2565 Shore Drive - case - 2020-pccc-0078 This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. WN Miller, I reside at 2570 Shore Dr, Virginia Beach, VA 23451, across the street from the subject property. I do not object to this property being utilized as an AB&B. I consider this an acceptable use. If you need to contact me, you may reach me at 757-477-5413. Sincerely, James A. Resolute, Jr. 1 William N. Miller From: Thomas Hill <tom@trusstech.net> Sent: Wednesday, March 11, 2020 10:19 AM To: William N. Miller Subject: Chris.Wood/Air BnB application i,F;U4 I In 1:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern I am the owner of 2221 w Admiral Drive and I am writing to offer my support for the application submitted by Chris Wood to establish an Air BnB at his property on the corner of Shore Drive and Kendall St. I have lived in the neighborhood of Cape Henry Shores for several years and have known Chris since the first day. He has been a good neighbor and an asset to the community, my wife and I support his desired use of this property. If you need any further information, please do not hesitate to contact me. Thank you for your consideration Thomas J Hill Jr Truss Tech Inc Vice President and General Manager 18541 Parkway Melfa Va 23410 (757)787-3014 Office (757)787-1161 Fax (757)710-3817 Cell tom@trusstech.net Stocking Dealer aokts I,tfll - PSI —Tregt d PSI On Ground for Immediate Delivery William N. Miller From: Brett Pendergast <brett.pendergast.puyz@statefarm.com> Sent: Wednesday, March 11, 2020 9:08 AM To: William N. Miller Cc: Chris Wood Subject: 2565 Shore Dr(application for short term rental) i<:i':This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern: Please accept this email as formal support of the application for the use of the property at 2565 Shore Dr. in the name of William C. Wood as a short term rental. In additional to being a fellow Cape Story By the Sea resident, I am also a friend and business associate of Mr. Wood and can say, in good faith and confidence,that he will adequately maintain the property, provide oversight to his tenants and remain compliant with any neighborhood covenants and restrictions. Should you have any questions, please don't hesitate to reach out to me. Thanks. CC: William "Chris" Wood Statefarm Brett Pendergast 4388 Holland Rd. Ste. 110 Virginia Beach, VA 23452 757.499.6813 o 757.287.9191 c 757.499.6814 f www.bretwendergast.com Frovraanp insurance and F,n n»anc,el Seces ILike ws onf aceDooll • If this communication is securities related, click for additional disclosures. From:Joseph Avallone<avallonj@netzero.com> Sent:Thursday,June 4, 2020 5:39 PM To: Richard Robbins<richardjrobbins64@gmail.com>; Carolyn K. Smith<CAKSmith@vbgov.com> Cc:Joe Avallone<avallonj@netzero.net> Subject: Re:VBGOV Planning Commission Hearing June 10, 2020 CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1. I would appreciate your help in getting a copy of the proposed parking plan for subject meeting. The way vehicles have parked on that site has created serious traffic visibility hazards for the 800 personnel that reside in the communities that are dependent on Kendall Street for access to east Shore Drive. 2. We have left two telephone messages, and sent the following email but have not yet received a reply. Joseph Avallone President, Cape Henry Shores Civic Association Sent from my iPhone On Jun 2, 2020,at 1:13 PM, Richard Robbins<richardirobbins64@gmail.com>wrote: FYI Begin forwarded message: From: Richard Robbins <rrobbins64@earthlink.net> Subject: Fwd: VBGOV Planning Commission Hearing June 10, 2020 Date: June 2, 2020 at 1:00:43 PM EDT To: csbts.president aC�gmail.com, Todd Solomon <todd@sdcc.info> Diana and Todd, FYI. Dick Begin forwarded message: From: "avallonjnetzero.net" <avallonlnetzero.net> Subject: VBGOV Planning Commission Hearing June 10, 2020 Date: June 1, 2020 at 12:25:34 PM EDT To: CAKSMIT@vbgov.com, wlandfairvbqov.com, NiGarridoavbgov.com, rrobbins64(a!earthlink.net, AUWings72 aaaol.com Cc: bayrnr@core.com 1. Request a copy of the proposed parking plan associated with items 24 and 25 of subject meeting in preparation for participation in the virtual hearing. 2. Kendall Street is the sole access road to Shore Drive for all personnel who live in the 187 residences in the Cape Henry Shores Civic community. This street is also the only access for the personnel who live in nine homes on Kendall Street who are part of the Cape Story Civic community. Parked vehicles at 2565 Shore Drive have previously represented traffic safety obstructions to drivers exiting Kendall Street. These line of sight obstructions have made it necessary for drivers to ease into the east Shore Drive traffic lane in order to view oncoming traffic before accessing Shore Drive. 3. We would also like confirmation that approval of item 24 and 25 will not permit any additional on street parking in front of the unit on Shore Drive. This area is presently a no parking zone necessary to insure safe access to Kendall Street. 4. Please forward this information to my email address. My contact cell is 757-705-2009. Joseph A Avallone, President, Cape Henry Shores Civic Association Top News -Sponsored By Newser • New Poll Suggests Trouble for Trump • After Weekend of Protest Arrests, a Trump Accusation on Biden • New Influx of Whistleblower Filings the 'Tip of the Iceberg' From: Plannina Administration To: Plannina Administration Subject: FW:Opposition to Items 24&25 CUP/STR on June 10th Planning Commission Agenda Date: Tuesday,June 9,2020 5:39:19 PM Attachments: Presentation2.odf From:Todd Solomon <todd@sdcc.info> Sent:Tuesday,June 9, 2020 5:09 PM To: William N. Miller<WNMiller@vbgov.com>; Richard T. Lowman<rlowman@vbgov.com> Cc: Carolyn K.Smith <CAKSmith@vbgov.com>; Kevin P. Kemp<KKemp@vbgov.com>; 'Chris Wood' <chris@mcleskey.com>; 'chris wood'<wchriswood@outlook.com>; Planning Administration <PlanAdmn@vbgov.com>; William R. Landfair<WLandfair@vbgov.com>; City Council <CITYCOUNCIL@vbgov.com>; 'Phil Davenport' <pdavenport9@cox.net>; tim@sdcc.info; emunden@aol.com Subject: RE: Opposition to Items 24 & 25 CUP/STR on June 10th Planning Commission Agenda CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Mr. Miller, Thank you for all of the last minute modifications you have been working on with Mr. Wood and providing us as updates for tomorrow's hearing. The latest parking plan (attached) seems to be the best possible so far and without the details of an actual sight study, appears on paper that it may provide aqequate visibility at the Kendall and Shore Drive intersection. Based on this new information, I am ok with the application containing the new parking plan of 1 spot parallel to the Unit A near Shore Drive and the remaining 5 spots being in the back near Unit B. However, moving forward, in regards to the safety of the Kendall and Shore Drive intersections, I would ask that the following questions be answered by the appropriate staff. 1. With an approved CUP/STR parking plan of 1 car near Shore Drive, what happens if a STR renter has 4 or 5 cars for Unit A and parks the extra 2 or 3 in the open space near Shore Drive versus on street parking on Kendall. Can VB Zoning or Police be legally contacted if the extra cars parked near Shore Drive are blocking the line of sight exiting Kendall onto Shore Drive? 2. Has Traffic Safety Engineering ever performed an intersection sight distance study for Kendall and Shore Drive? I was very surprised to hear that a study had never been shown to Cape Henry Shores Civic Association. With the frequency of accidents at that intersection, I would only assume a study was done after the first one or two accidents. If no study has ever been performed, can someone explain to the community why? And if no study performed, how do we as a community request the City to complete a study? 3. At one time, realignment and or restriping of the eastbound lanes of Shore Drive approaching Kendall was mentioned by City Staff as a possible solution to the lack of visibility. Again, I am surprised that a sight study wasn't part of this evaluation, none the less, is there any update on this proposed solution? 4. If you spend only a few minutes watching cars leave Kendall,you quickly notice that nobody stops at the Stop Sign white line. They have to pull completely in front of the line to get good enough visibility to pull out. See the attached google maps screenshot. Has Traffic Engineering looked into any fixes for this situation like a small island that creates a right turn lane and allows the Stop Sign and line to be relocated to an actual point for visibility? Again, it just seems like we are missing an opportunity to help fix the safety of this intersection and reduce the liability risk for the City from future accidents resulting from lack of sight. Sincerely, Todd Solomon y P. 1 3 s , . j f• , i a� t . .i y� , . low planting area i -- � L _ o. • . -- b ----SHORE DM EW APRON From: Todd Solomon To: William R. Landfair; Planning Administration Cc: William N.Miller;timesdcc.info "Kathleen Damon'; "Emrsv Munden";"Phil Davenport";"David Williams"; a valloni(anetzero.net; "Dick Robbins";"Ed Chittenden";csbts.oresident(alamail.conl Subject: Opposition to Items 24&25 CUP/STR on June 10th Planning Commission Agenda Date: Tuesday,June 9,2020 12:39:12 PM Importance: High CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission Members and Mr. Landfair, On behalf of the Shore Drive Community Coalition (SDCC), I request that the subject application, as presented, be denied based on the unsafe condition it may create for motorists at the intersection of Kendall and Shore Drive. Review of this application based solely on a parking plan does not provide the due diligence necessary for an intersection that has consistently been the site of vehicular accidents. Prior to any approval of this Conditional Use Permit for Short Term Rental, the SDCC requests that the City's Traffic Safety Engineers perform a satisfactory Intersection Sight Distance (ISD) study using the maximum number of vehicles that can fit in the parking area of Unit-A adjacent to Shore Drive. City Engineers should also perform an on-site check with the maximum number of parked vehicles to confirm and calculations and photos of this confirmation should be required. The application's Parking Plan for Unit-A identifies 2 of the required 3 spots to be located adjacent to Shore Drive. It appears that only requiring a minimum number of parking spots and not placing a maximum number restriction for this specific application could result in 3,4 or even 5 cars being parked in the area adjacent to Shore Drive. This potential is already identified with 3 vehicles being depicted in the staff report page 7 landscaping plan. The more vehicles parked in this area will result in a reduction in the line of sight for motorists at the Kendall intersection. It is suggested that the number of spots be restricted based on the results of the ISD study and this restriction be included as a condition in any future CUP/STR approval. As rudimentary as they may be, I have included a couple images to help depict the safety impact that can be caused by reducing the line of sight at the Kendall and Shore Drive intersection. For the past 20 years, the SDCC has worked constructively with City Council and City Staff to make Shore Drive as safe as possible for motorists, cyclists and pedestrians. Some of the safety improvements made to the area have included a reduced speed limit from 45mph to 35mph, creation and connection of bike lanes and multi-use paths and addition of signaled and boxed cross- walks. One of the intersections that has historically been identified as a trouble spot in need of safety improvement is the intersection at Kendall and Shore Drive adjacent to the property in the subject application. This intersection is the only entrance for the 120 residents of Cape Henry Shores and has seen many vehicular accidents as motorists attempt to enter Shore Drive. City Traffic Safety Engineering has stated that the traffic counts aren't high enough to warrant a signaled light to be installed, so the only way that intersection can be made safer is to maintain or improve the Intersection Sight Distance (ISD). Thank you for doing everything you can to make Shore Drive safe. Sincerely, Todd Solomon President Shore Drive Community Coalition -. + t ++. PP\ ,... "' '� w�~'mot IIS.'..... r71'; �," "✓ 1 i 0 ore Dri 60 _.... 4 . all= 4 100 ft - ...._ ..... ._• ,,,,„„iift --) V - - --,4 141111111411~114, ___ „. ' i ''''"'1 1W _-... . e _ . ,. • * . . ..% .4„„ii,4„..;• . . ,... - •.2. .4%,- r,-11.,,,. -, .- ,,‘ 4 ,,. . .*# ... r, realao t . - war t [kil t r , • : - iiimanl 1 .. ).%' % • ' ,s5........ V -., 44'4111 - ,,.• ' .4 a . ,.,.V.•-' ' ...* %4°.:1%. ' -:-. • 111SelL6111:04 0 1;,.11".1214". ir, 4,- j - w. . *74_ -'. *a_.4•:- '''"Niiiimii, ,• • . A useful table for average stopping distances. .. . . ;._. . . Niove .....4 4 $ Speed x Stopping distance Thinking distance Braking distance 20mph 2 x :T._40tt (12m) 20ft 30mph 21/2 x =,75ft (23m) 30ft (6m) (9m) 45ft (14m) 40mph 3 x =120ft (36m) 40ft (12m) 20ft (6m) -- 80ft (24m) 50mph 31/2 x =175ft (53m) 50ft (15m) 125ft (38m) -" ., 60mph 4 x =240ft (73m) 60ft (18m) 180ft (55m) •--V." 70mph 41/2 x =315ft (96rn) 70ft (21m) 245ft (75m) • ,., . Stopping distance. from spotting the problem to total stop Thinking distance....How far you travel before your brain reacts Braking distance....the distance you cover between foot hitting the brake to stopping. - , From: Todd Solomon To: William N.Miller; Richard T.Lowman Cc: Carolyn K.Smith;Kevin P.Kemp;"Chris Wood"; "chris wood";Planning Administration;William R.Landfair; Council;"Phil Davenport";tim(@sdcc.info;emunden(a)aol.corn Subject: RE:Opposition to Items 24&25 CUP/STR on June 10th Planning Commission Agenda Date: Tuesday,June 9,2020 5:09:00 PM Attachments: Presentation2.odf CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Mr. Miller, Thank you for all of the last minute modifications you have been working on with Mr. Wood and providing us as updates for tomorrow's hearing. The latest parking plan (attached) seems to be the best possible so far and without the details of an actual sight study, appears on paper that it may provide aqequate visibility at the Kendall and Shore Drive intersection. Based on this new information, I am ok with the application containing the new parking plan of 1 spot parallel to the Unit A near Shore Drive and the remaining 5 spots being in the back near Unit B. However, moving forward, in regards to the safety of the Kendall and Shore Drive intersections, I would ask that the following questions be answered by the appropriate staff. 1) With an approved CUP/STR parking plan of 1 car near Shore Drive, what happens if a STR renter has 4 or 5 cars for Unit A and parks the extra 2 or 3 in the open space near Shore Drive versus on street parking on Kendall. Can VB Zoning or Police be legally contacted if the extra cars parked near Shore Drive are blocking the line of sight exiting Kendall onto Shore Drive? 2) Has Traffic Safety Engineering ever performed an intersection sight distance study for Kendall and Shore Drive? I was very surprised to hear that a study had never been shown to Cape Henry Shores Civic Association. With the frequency of accidents at that intersection, I would only assume a study was done after the first one or two accidents. If no study has ever been performed, can someone explain to the community why? And if no study performed, how do we as a community request the City to complete a study? 3) At one time, realignment and or restriping of the eastbound lanes of Shore Drive approaching Kendall was mentioned by City Staff as a possible solution to the lack of visibility. Again, I am surprised that a sight study wasn't part of this evaluation, none the less, is there any update on this proposed solution? 4) If you spend only a few minutes watching cars leave Kendall, you quickly notice that nobody stops at the Stop Sign white line. They have to pull completely in front of the line to get good enough visibility to pull out. See the attached google maps screenshot. Has Traffic Engineering looked into any fixes for this situation like a small island that creates a right turn lane and allows the Stop Sign and line to be relocated to an actual point for visibility? Again, it just seems like we are missing an opportunity to help fix the safety of this intersection and reduce the liability risk for the City from future accidents resulting from lack of sight. Sincerely, Todd Solomon From: William N. Miller [mailto:WNMiller@vbgov.com] Sent:Tuesday,June 9, 2020 2:14 PM To:Todd Solomon<todd@sdcc.info> Cc: Carolyn K. Smith<CAKSmith@vbgov.com>; Kevin P. Kemp<KKemp@vbgov.com>; Richard T. Lowman <rlowman@vbgov.com>; Chris Wood <chris@mcleskey.com>; chris wood <wchriswood@outlook.com> Subject: RE: Opposition to Items 24 & 25 CUP/STR on June 10th Planning Commission Agenda Good afternoon Mr. Solomon, Thank you for your email. It will be provided to the Planning Commissioners for their review. In addition, it was discovered early yesterday that the proposed driveway apron would not meet minimum city standards. As a result, the applicant has agreed to a new parking plan. Since the new parking plan slightly expands the parking area footprint of what City Council approved and conditioned in 2012 (see Staff Report), the Zoning Administrator (ZA) had to review the proposed revision (see attached). In this instance, since the parking area expansion was minimal, the ZA approved the new plan and it will be added to the Planning Commission supplement packet. Additionally, the revised plan eliminated one of the three parking spaces in front of the home; however, there are still two shown. This morning, I spoke with the Cape Henry Shores Civic League President. He explained his concern relating to line-of-sight while existing Kendall onto Shore Drive, with parking space #1 being the cause of concern (see attached plan — parking space #1 for Unit A). I later spoke with Traffic Engineer Ric Lowman and was advised line-of-sight studies relating to CUP applications are the responsibility of the applicant (I will CC Mr. Lowman so he can correct me if I've misspoke), which I then relayed to Mr. Wood. I also spoke to Mr. Wood and suggested he expand the rear parking area to 5- cars and eliminate the parking space that's the subject of the line-of-sight issue; however, I had to first receive approval from the ZA for such a revision. In addition, I told Mr. Wood that the parking space causing the concern, Unit A — Space #1, must clearly be removed by creating some sort of physical barrier, such as a raised flowerbed containing low growing plants (like liriope).This way, his tenants would not mistake the area for a parking space. Last I suggested that he defer this case until June 24th to work through the issue. I am awaiting his response. Take care. Will Miller Zoning Inspector III Short-Term Rental Team Planning Department Zoning Administration 2875 Sabre St. Suite 500 Virginia Beach, VA. 23452 757-385-5066 (voicemail) From:Todd Solomon <toddPsdcc.info> Sent:Tuesday,June 9, 2020 12:39 PM To:William R. Landfair<WLandfair@vbgov.com>; Planning Administration<PlanAdmn@vbgov.com> Cc:William N. Miller<WNMillerna vbgov.com>; timPsdcc.info; 'Kathleen Damon' <katdamonPgmail.com>; 'Empsy Munden' <emunden@aol.com>; 'Phil Davenport' <pdavenport9Pcox.net>; 'David Williams'<auwings72Picloud.com>; avallonj@netzero.net; 'Dick Robbins'<rrobbins64c earthlink.net>; 'Ed Chittenden'<kaedie2Paol.com>; csbts.presidentPgmail.com Subject: Opposition to Items 24 & 25 CUP/STR on June 10th Planning Commission Agenda Importance: High CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission Members and Mr. Landfair, On behalf of the Shore Drive Community Coalition (SDCC), I request that the subject application, as presented, be denied based on the unsafe condition it may create for motorists at the intersection of Kendall and Shore Drive. Review of this application based solely on a parking plan does not provide the due diligence necessary for an intersection that has consistently been the site of vehicular accidents. Prior to any approval of this Conditional Use Permit for Short Term Rental, the SDCC requests that the City's Traffic Safety Engineers perform a satisfactory Intersection Sight Distance (ISD) study using the maximum number of vehicles that can fit in the parking area of Unit-A adjacent to Shore Drive. City Engineers should also perform an on-site check with the maximum number of parked vehicles to confirm and calculations and photos of this confirmation should be required. The application's Parking Plan for Unit-A identifies 2 of the required 3 spots to be located adjacent to Shore Drive. It appears that only requiring a minimum number of parking spots and not placing a maximum number restriction for this specific application could result in 3, 4 or even 5 cars being parked in the area adjacent to Shore Drive. This potential is already identified with 3 vehicles being depicted in the staff report page 7 landscaping plan. The more vehicles parked in this area will result in a reduction in the line of sight for motorists at the Kendall intersection. It is suggested that the number of spots be restricted based on the results of the ISD study and this restriction be included as a condition in any future CUP/STR approval. As rudimentary as they may be, I have included a couple images to help depict the safety impact that can be caused by reducing the line of sight at the Kendall and Shore Drive intersection. For the past 20 years,the SDCC has worked constructively with City Council and City Staff to make Shore Drive as safe as possible for motorists, cyclists and pedestrians. Some of the safety improvements made to the area have included a reduced speed limit from 45mph to 35mph, creation and connection of bike lanes and multi-use paths and addition of signaled and boxed cross- walks. One of the intersections that has historically been identified as a trouble spot in need of safety improvement is the intersection at Kendall and Shore Drive adjacent to the property in the subject application. This intersection is the only entrance for the 120 residents of Cape Henry Shores and has seen many vehicular accidents as motorists attempt to enter Shore Drive. City Traffic Safety Engineering has stated that the traffic counts aren't high enough to warrant a signaled light to be installed, so the only way that intersection can be made safer is to maintain or improve the Intersection Sight Distance (ISD). Thank you for doing everything you can to make Shore Drive safe. Sincerely, Todd Solomon President Shore Drive Community Coalition �R 5.S 23rd Street - ---A-12 .76:4 \-- / 0 --:(---\------\ * ee) 17 4 A:,12 L c. \----1-1-\\ \,, \_ - -RT-4 s RT-4 '1_, `� \____\ R-5D- �� tr eet 22ndHalf S\ , _ _ \ \\ ,a1 ... to V1-3 ___--- tt. et I2,.... \ \ \ `, — a1/ Str e n \OR 22n aN 1 co OR c \ \ 1 ��, Site Ocean Rental Properties, LLC Property_Polygons 1 2216 Baltic Avenue, Unit B Zoning ti Parking Lot Drive Aisle Feet Building 0 510 20 30 40 50 60 „emu-°E+c , 6�� lO .i, LL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEAN RENTAL PROPERTIES, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 2216 Baltic Avenue, Unit B (GPIN 24179897290002). COUNCIL DISTRICT— BEACH MEETING DATE: August 25, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a four-bedroom single-family home at the oceanfront. The 7,150 square foot parcel is zoned RT-4 Resort Tourist District and contains two single-family dwellings. Only Unit B is the subject of this request. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental is twelve; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or eight total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. The minimum number of parking spaces required for this use is one per bedroom, or four spaces in this instance. • Considerations: The site is located in close proximity to the public beaches of the Atlantic Ocean and in an area where Short Term Rentals are common and expected. The submitted parking plan depicts that all four required parking spaces are accommodated on site. Three of the spaces are located in a gravel parking area accessed from Baltic Avenue. The fourth space is accessible from 22 '/2 Street. The property is located within the boundary of the Residential Parking Permit Program (RPPP). As such, a condition is recommended that would limit the unit to two residential passes and guest and temporary passes will not be permitted while the Conditional Use Permit is active. Staff believes and the Planning Commission concurs 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 Staff's evaluation, are provided in the attached Staff report. Staff received two phone calls from neighboring property owners expressing concerns about the inherent nature of the Short Term Rental use and how it could negatively impact the residential character of the neighborhood. There were no speakers at the Planning Commission public hearing. Ocean Rental Properties, LLC Page 2 of 4 • Recommendations: On May 27, 2020, the Planning Commission passed a motion to approve this request by a vote of 8-0; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1. The following conditions shall only apply to the dwelling units addressed as 2216 Baltic Avenue, Unit B and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The existing deck will be truncated in accordance with the parking plan to facilitate access via the driveway from Baltic Avenue. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three two (2)) 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 Ocean Rental Properties, LLC 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) one (1) 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 ($1 ,000,000.00) underwritten by insurers acceptable to the City. 16.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) two (2) individuals per bedroom. 18.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Ocean Rental Properties, LLC Page 4 of 4 • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department�(,5 City Manager:009 Applicant& Property Owner: Ocean Rental Properties, LLC Agenda Items Public Hearing:August 25, 2020 1 7-/B City Council Election District: Beach Virginia Beach 14 Request Conditional Use Permit (Short Term Rental) Staff Recommendation Approval 1.11 Ill \ Staff Planner .. ,w NO 1 Bill Landfair � Samiiiiiii°1011 ,rLocation �� 2216 Baltic Avenue, Unit B 1111P— Ili GPIN M gri ���1 24179897290002 1i '/ Site Size �'�� • 7,150 square feet010 1li \ Existing Land Use and Zoning District Single-family dwelling/ RT-4 Resort Tourist Surrounding Land Uses and Zoning Districts North 23rd Street - 1 ''" Single-family dwelling/ R-5S Residential _ 1 # South 22 %2 Street (alley) - Single-family dwelling/OR Oceanfront Resort East - 1- Baltic Avenue ,.- �; Single-family dwelling/A-12 Apartment ,^' : "'% t, t .'West y(. t Single-family dwelling/ R-5D Residential -$ , Ocean Rental Properties, LLC Agenda Item 14 Page 1 Background & Summary of Proposal Site Conditions and History • The 7,150 square foot parcel, zoned RT-4 Resort Tourist District, is located at the oceanfront and contains two single-family dwellings. • The applicant originally submitted Short Term Rental Conditional Use Permit applications for both homes, Units A and B, which were constructed in 2007 and 1953 respectively. At the Planning Commission hearing on March 11, 2020, the applicant requested a deferral of the applications to clarify the record with respect to their intent for the applications. Subsequently, the applicant has decided to withdraw the application for Unit A and revise the application for Unit B only. • Staff inspected the site on January 10, 2020 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program boundary, where parking during the evening and overnight hours is limited. Based on this, a condition is recommended that would prohibit the occupants of the STR from parking in the street during the restricted hours. • There are no past code violations or City Council actions for the property. Short Term Rentals in the Vicinity \' 6 age\ # ki t Stseet s \7 i y '} y ; � j -"" !t— ' 4 t ,1 -'o \' } fee 1 1q`t� tiee 1 r. 4\ `�` lit 1 tceet STATUS 3�_ ,, 20t ® Approved _ ---T-1 nY- � , ` . Denied .�t - , ,1 ''A C1 1✓— y ' • Under Review 6' 1 O Regrsrered (\ \ 1 1 19°1 `' al— Summary of Proposal The applicant is proposing a four-bedroom Short Term Rental at 2216 Baltic Avenue, Unit B. The regulations for Short Term Rental use are identified in Section 241.2 of the City Zoning Ordinance. Specific details pertaining to this application are listed below. Ocean Rental Properties, LLC Agenda Item 14 Page 2 • Number of bedrooms in the Short Term Rental:4 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 12 • Number of parking spaces required (1 space per bedroom required):4 • Number of parking spaces provided:4,with truncation of existing deck as shown on parking plan per condition of approval AJe• R.SS" v o \*kn' ocetstt. Zoning Historyequest# R 1 CRZ(A-12 Apartment District to Conditional RT-3 Resort R Q swot p3 Tourist District)Approved 12/9/2008 . dsvn° 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 SIC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant is requesting to operate a four-bedroom Short Term Rental within a single-family dwelling on one parcel, identified as Unit B. There are four on-site parking spaces dedicated for the use,three easily accessible from the driveway off Baltic Avenue with the truncation of the existing deck, and the fourth accessible from 22 1/2 Street,thereby satisfying the parking requirement. The property is within the boundary of the Residential Parking Permit Program, so while the Conditional Use Permit is active, parking passes issued for the dwelling units through the RPPP will be limited to two for the residents of each dwelling, and guest permits associated with the Short Term Rental and temporary permits will not be permitted. 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. Staff has heard from two neighboring property owners who expressed concerns about the inherent nature of the Short Term Rental use. Based on the considerations above, Staff recommends approval of these requests with the conditions listed below. Ocean Rental Properties, LLC Agenda Item 14 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling units addressed as 2216 Baltic Avenue, Unit B and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The existing deck will be truncated in accordance with the parking plan to facilitate access via the driveway from Baltic Avenue. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. Ocean Rental Properties, LLC Agenda Item 14 Page 4 13. No signage shall be on-site,except one (1),four(4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on April 27, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020 and August 16, 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 August 12, 2020. Ocean Rental Properties, LLC Agenda Item 14 Page 5 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on August 21, 2020. Ocean Rental Properties, LLC Agenda Item 14 Page 6 Site Layout & Parking Plan 23 STREET p761z 'f 55'°° 47.12.219.881.34 `, 4.1 I . . • - • • .' ill . • . • . . . • • - N !4. . .-. .. . . 6 • • gill . • • . . • . . . • • . ..,, , _ _._, UNIT .' • . '.'K • } A.1. 2 WITHDRAWN • II- 1 `- lies't:.:MI. 'it '. _ , ., '',...40 8 t C) •Ch z It • . 1 i• et. A a 9.‘ s 4 • �`,.-a.'♦♦� ' 7,fie r•i• W s3"1 a th . N TS4735'W 1101 4 00 Z o,b. '. /�/J� CORNER OF DECK a y /�f p TRUNCATED I. 31 Ad4 \ 41; -- ., ,_ , 0 \ i ' UNIT B PROPOSED r� 1 �`,-BEDROOM 1 f i z STR ' / I t ,../ , I A At 447471680 / ....r"/ el.2219,916:59 Ir� w saes 78.1s • �� 22� S E._--r--"`—'� __ ------"ir-- , a P. tall Ocean Rental Properties, LLC Agenda Item 14 Page 7 Site Photos In ,,t.,1, . _ , .. •,,/44 .......------------------ - 't f_ 0,7,„_ ..., , , .. ... . / ...:,,,,,,:-......::„,., _ _ . ._...414......__ _ _ „.0,..,•,41.,,,../ , `1 4- - ' --.„'-- -4 to --p--___ ' , , 1 1 6 �,�_,T;, ate «_ f C.. , R , .0-. .7.. - frAF 4 - , , a� T _ 4 , , ,,Y , _ e �� ; ail 4k ii tw= AtLittb, . ).,, 4"-' . . , ' . , _-. ,."/- , ' ,r, . allni , . . :! r- r - - ...... :9 # V nt��,r t a4 '�"a;„ r 1 w Ocean Rental Properties, LLC Agenda Item 14 Page 8 Disclosure Statement • !'irkinia'tea h 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 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 erg: Page 1 of 7 IiEA;{!NG >,E N D i HANGES AS OF 08.13.2020 BL 0 SUBMITTED Ocean Rental Properties, LLC Agenda Item 14 Page 9 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: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 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 Ocean Rental Properties, LLC Agenda Item 14 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.Codes 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 14 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) ri Accounting and/or preparer of your tax return 1 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant) -identify purchaser and purchaser's service providers Any other pending or proposed Iz' purchaser of the subject property I� (identify purchaser(s)and purchaser's service providers) ElConstruction Contractors ® Engineers/Surveyors/Agents WPL Financing(include current ❑ mortgage holders and lenders . selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services R.Edward Bourdon,Jr.,Esquire Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property J •SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ▪ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Ocean Rental Properties, LLC Agenda Item 14 Page 12 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 Applica to V` r UlOrE o .y,t, APPLICANT'S SIGNATURE PRINT NAME DATE c Page 5 of 7 Ocean Rental Properties, LLC Agenda Item 14 Page 13 Next Step • 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 14 Page 14 I. ' S, Tim _-- i c. Q Se`I\\._ Lr , ----"----1 \ -z t -'''' -'77. -1111aItt. .-C IrS1'I I.''''...\ . 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C Q7 _ _ . _,.____ „:1111:.*4'1 ..' 13- Ilia --- - rl Aft The verbatim of the May 27,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on August 25, 2020,again due to advertising error. Items#24 Ocean Rental Properties, LLC Conditional Use Permit(Short Term Rental) 2216 Baltic Avenue, Unit B May 27,2020 RECOMMEND FOR APPROVAL-HEARD Mr. Landfair: Agenda Item 24, Ocean Rental Properties, LLC for conditional use permit requests for Short Term Rental at 2216, Baltic Avenue, Unit-B in the Beach District. The applicant's representative is Michael Levy. Mr. levy has signed up to speak,please provide a summary of your request, and remember to identify yourself for the record, and pause three seconds before speaking, so that we can activate your microphone. Mr. Levy you have the floor. Thank you. Mr. Levy: Yes. Good afternoon,distinguished commissioners,my name is Michael Levy with the law firm of Sykes, Bourdon, located at 4429, Bonnie Road in Virginia Beach. And I am pleased today to be able to represent the applicant Ocean Rental Properties, LLC in this application for a conditional use permit for Short Term Rental. And I will note for the record as well that I am substituting here for Mr. Bourdon who unfortunately could not join us today due to on an unfortunate personal matter that has taken him out of the office. I think I would like to use my time to just address what I understand may have been an issue that arose during your informal hearing, where I think a concern was raised about access to the property in terms of access from Baltic Avenue and parking at the property. And I wanted to make it clear that there is no additional curb cut that will be necessary from Baltic Avenue there is an existing curb cut there today. And this residence is one unit of a two unit condominium on this lot. So, it is subject to a condominium declaration that provides for a shared access easement from Baltic Avenue. And in fact, in the staff report you can see the common area is depicted on page six of the staff report. It is all the slide that is up in front of me, at least on my screen right now, as that cross hatched area that directly leads out to Baltic Avenue and the condo document,provided that that area shall not be blocked by occupants of either unit, except for any sort of temporary unloading or loading of vehicles but. So, basically I wanted to make the point that there should be no need to contact the owner of Unit-A to ask them to move a vehicle in order to be able to get in and out of the parking that is provided and shown as spaces one, two and three on that plan in front of you. All of that parking is on Unit-B it is on our clients property so on. 1 And again, they will have free access in and out of that area. And as you can see as well the fourth space that is required is going to be accessed off of 22nd and a half street so anyway that is what I wanted to address right now and of course I am here to answer any questions and addressing the other concerns that may be raised. Thank you very much. Mr. Landfair: Are there any questions of the applicant by the Planning Commission, if so, please raise your virtual hand. Staff acknowledges the virtual hand raised by Commissioner Alcaraz. Planning Commissioner Alcaraz, your mic is open for comment, please pause three seconds to be unmuted. Mr. Alcaraz: Thank you, this is George Alcaraz, I just want to thank Mr. Levy for bringing that up as far as it is a shared entrance. That is all I need to clear it up. Thank you. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Wiener. Planning Commissioner Weiner, your mic is open for comment, please pause three seconds to be unmuted. Mr. Weiner: I am sorry, I will think it down, does not supposed to be up Mr. Landfair: Staff acknowledges the hand raised by Commissioner Oliver. Ms. Oliver: I have a question and I do not, I guess Bill this is your application. Has the deck been modified to,has that been done. Mr. Landfair: No, not yet. But in speaking to the applicant they have indicated a willingness to do that,but it has not been done. As of the last time I was on the property. Ms. Oliver: So, am I correct to understand that in order to get the parking spaces that they need, they have to adjust, where the deck comes out is that correct? Mr. Landfair: Correct. Ms. Oliver: So, they do not have the parking right now. Is that correct? Mr. Landfair: They have parking available it is in order to accommodate two spaces behind the deck to make it work much better, you really need to truncate the deck, otherwise there would be a lot of jockeying back and forth with the spaces and we feel that it is not really a good situation. So, we feel in order for it to function better, as it should. We have asked for truncation of the deck,which I do not believe has taken place yet,but I believe it is a condition of approval for the application. Ms. Oliver: Okay. So, in order for this application to be approved that has to be taken care of. Mr. Landfair: That is correct. 2 Ms. Oliver: And as far as we know it has not. Mr. Landfair: That is correct. Ms. Oliver: Yes. Mr. Tajan: Madam Chair, it is typical for applications that if they do not need obtain the conditional use permit, they will not be required to have that extra space in the way that staff has recommended them to access it. So they already have all their required parking for their existing residential unit. Ms. Oliver: Okay. That is what was not sure of. Mr. Tajan: This is different than the previous item in the Brigadoon area, where there was an existing permit that was in violation that needed to be corrected before that commission felt comfortable with it moving forward. This item here would be a condition of approval they would have to alter the deck in order to properly access that additional parking space. They are not in violation, this is just one that if they do get approval, they will have to be that operate. Ms. Oliver: Okay, got it. Thank you. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Graham. Planning Commissioner Graham, your mic is open for comment, please pause three seconds to be unmuted. Mr. Graham: I was removing my hands on that cleared it up for me that it is actually in compliant. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Planning Commissioner Inman your mic is open for comment, please pause three seconds to be unmuted. Mr. Inman: I move for approval of this application. Mr. Landfair: We actually have two speakers Mr. Inman,who would like to speak first. The first speaker is Josh Moto be followed by Patrick McCullagh. Mr. Moto speaking. Thank you. Mr. Moto: I was signed up on behalf of the applicant if we needed to have any further comment, no further comment is necessary. Thank you. Mr. Landfair: Thank you. Mr. McCullugh, you have three minutes to speak, please identify yourself for the record and pause three seconds before speaking. Thank you. You have three minutes to speak,please identify yourself for the record and pause three seconds before speaking. Thank you. Mr. McCullagh, you have three minutes to 3 speak, please identify yourself for the record and pause three seconds before speaking. Thank you. Okay,thank you. Alright, there are more speakers, Madam Chair, you have the floor Ms. Oliver for planning commission discussion. Ms. Oliver: Okay, thank you. I will open the floor for discussion by the Planning Commission or entertain a motion by one of the commissioners, so if you will, please raise your virtual hand if you have a comment or motion for city staff. Thank you. Mr. Landfair; The virtual hand raised by Commissioner Alcaraz your mic is open for comment, please pause for three seconds. Mr. Alcaraz: Mr. Landfair, I didn't hear that last speaker at all, was that an opposition. I did not hear anything that was said. And, I would like to respond after that. Mr. Landfair: Mr. Alcaraz there was a speaker signed up, Mr. McCullagh. He was not available to speak at that moment and we believe he was in opposition to the k Mr. Alcaraz: I have no problem making a motion, I just want to emphasize condition number three what Ms. Oliver brought up. So, I make a motion to approve. Mr. Landfair: Okay. Staff acknowledges the virtual hand raised by Commissioner Inman your mic is open for comment, please pause for three seconds. Mr. Inman: A second the motion to approve. Mr. Landfair: Hearing the second, a motion to approve the application has been made by Commissioner Alcaraz, seconded by Commissioner Inman. Are any Planning Commissioners abstaining from the vote, if so, please raise your virtual hand. The vote is now open, and staff will call each Commissioner individually. If you are in favor of the motion, say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Mr. Inman. Mr. Inman: Yes. 4 Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Ms. Wall: Yes. Mr. Landfair: Mr. Weiner. Ms. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of eight, four and zero Against Item 24 is hereby recommended for approval by the Planning Commission. Mr. Landfair: Madam Chair, that was the last item on the agenda, the mic is yours. Thank you. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley ABSENT Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling units addressed as 2216 Baltic Avenue, Unit B and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 5 3. The existing deck will be truncated in accordance with the parking plan to facilitate access via the driveway from Baltic Avenue. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 6 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. Recommended Conditions Ocean Rental Properties, LLC Agenda Item 24 Page 5 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. 7 ,! �O R eet !l, \ AV,' t lir \ S \y \ t \ R-5S \ OR co 4 '\\\ \ " A \ ' z9r;4: ree \ , Norfolk Avenue 9th Stt :, RT-3* 1 RT-3 d 1 R-5S OR0 co , \ \ % \\ \ v___—,-) C. Suite 1 Site A Property_Polygons William J. Wright, Jr. " NO Zoning 909 Pacific Avenue, Unit A s Parking Lot Drive Aisle Feet Building 0 20 40 80 120 160 200 240 tiy• 1,1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WILLIAM J WRIGHT, JR. [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 909 Pacific Avenue, Unit A (GPIN 24272444111005). COUNCIL DISTRICT — BEACH MEETING DATE: August 25, 2020 ■ Background: The applicant is requesting to operate a Short Term Rental in a two-bedroom unit within a condominium development constructed in 1969. The approximately 35,000 square foot site is zoned OR Oceanfront Resort District. The maximum occupancy of guests permitted in the unit after 11 :00 p.m. for a two-bedroom Short Term Rental is six. The applicant is not agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom nor with the revised condition that limits the number of bookings in a seven day period from two to one. Despite this, these modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: The site is located two blocks from the public beach of the Atlantic Ocean in an area where Short Term Rentals are common and expected. The surrounding area is a mix of commercial uses, hotels and other multi-family developments. The unit has one dedicated parking space on site. To meet the two parking space requirement, the applicant has purchased an annual parking pass at the 9th Street Municipal Parking Garage, which is conveniently located across the street. The applicant has submitted a receipt for this year's parking pass. As recommended in Condition 4, the applicant will be required to submit receipts/proof of availability of a second off-street parking space annually to the Zoning Administrator until the Conditional Use Permit is no longer active. Staff previously received a letter of concern from another condominium owner regarding future Short Term Rental tenants with large vehicles that may overhang the parking space and pose safety hazard for other vehicles entering and exiting the property. Condition 2 has been proposed to prohibit vehicles longer than 18- feet from parking in the parking space associated with this Short Term Rental. Furthermore, per Condition 3, the ingress/egress area along Pacific Avenue shall remain clear for vehicles to safely enter and exit the property. All other requirements of Section 241.2 of the Zoning Ordinance regarding Short Term William J. Wright, Jr. Page 2 of 4 Rental can reasonably be met. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. ■ Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Due to an advertising error, the item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with the City Council's direction of limiting the maximum occupancy to two per bedroom and number of rentals to one per week. 1 . The following conditions shall only apply to the dwelling unit addressed as 901 Pacific Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to safely enter and exit the property. 4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Proof of ability to use at least one off-street parking space at a location acceptable to the Zoning Administrator shall be provided to the Planning Department on an annual basis, as long as the Conditional Use Permit is active. 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 the allowed number of people who may stay overnight (number of bedrooms times three two (2)) 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 William J. Wright, Jr. Page 3 of 4 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 Planning Department 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) one (1) 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) 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) two (2) individuals per bedroom. William J. Wright, Jr. Page 4of4 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. I 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', it /cit_,\ City Manager: Applicant & Property Owner: William J. Wright, Jr.Public Hearing:August 25, 2020 Agenda Item ill IB City Council Election District: Beach City of 15 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation 17d,street Approval Staff Planner 16th sty~ ro \ Jenizza Badua C 15tn Stt - et -1/ IC y t Ath Stye . c 4 '�-' n 13th street a Location 909 Pacific Avenue, Unit A 4 17t st et c 1 -,.e 4 Nod ak Avenue--! t. -- GPIN ti 9,t,s 1 � 9 24272444111005 9t„s;rot to coos ,` AtteY µary AW enU - W D t p Qetawar'Ayeno. ^e c 6th st(ce Site Size g-A M tnapye , , 5d'st,_t 34,996 square feet o d p 1 4th St'eet , % 3�st,ect w Existing Land Use and Zoning District I - A n_ t , Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Duplex dwellings, commercial parking lot/OR • ¢ ' _ �''- Oceanfront Resort , -t " South 4 9th Street , < =o Municiapl parking garage/OR Oceanfront " - V t@ ` r 4, Resort �` ' East ea '` ; Retail shops/OR Oceanfront Resort '; R West A NO,1olkAvenuc t Pacific Avenue k �, <� ` -- -' w • Off-site parking lot/OR Oceanfront Resort Ott s' _ �` d } ��? n .s. ems ,. s :� : . V_,,,...„.. • ith st( '' . T = t . 1-' , William J. Wright,Jr. Agenda Item 15 Page 1 Background & Summary of Proposal Site Conditions and History • The 35,000 square foot parcel is zoned OR Oceanfront Resort District. • City records indicate that the multi-family condominium complex was constructed in 1969. • Staff inspected the site on March 12, 2020 to observe site conditions and take photographs for this report. • One on-site parking space is designated in the parking lot specifically for the two-bedroom unit. There is no on- street parking on this portion of Pacific Avenue. On-street parking in the immediate vicinity is metered. • On February 4, 2020, City Council approved a two-bedroom Short Term Rental for the neighboring unit, 933 Pacific Avenue, Unit B. The applicant satisfied the required parking standard by leasing a second space within the 9th Street Municipal Garage. This off-site space is available for the renters at all times and is conveniently located immediately across the street to the south. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity •.. ( \p3U 1 �.."-- xe& v.. 4iciL:., �-SI t...... �� i ., ctte „mi rio .e '..": ', 1 IA* , Silk ---1-1----- ,,,t disivAl Ilk �1 iota �n1�111 v� R • 0N WIN A e)=, � �'>�� t .`ok i1a �t tie�1 Ms* midi* 1 y STATUS 7r. 6 -6-i-T\ 3 Q Approved 011- .., - . Denied % r pttel-\ .` O Under Review e : ���; r�'�� /)61 ei Registered ���s-yi:U`a r1 1 L�-hSiC 1 �S Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a two-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: 2 William J. Wright,Jr. Agenda Item 15 Page 2 • Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per bedroom): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on site: 1* *A second parking space has been leased within the 9th Street Municipal Garage located across the street. OR ti :14 `, OR \ \ ---V1---1_' Lam- �'} f s 6, Drive rif 00,Sued � i. OR \-- 1 R,is > - R-SS 2 ' Zoning History � y�" 3 /,%% OR # Request if / 1 STC(Closure of unimproved ROW)Approved 12/4/2004 __Norfolk sas"`�` 2 CUP(Short Term Rental)Approved 02/4/2020 _RT-3-1. n _ y li "1 as i -<-=' a t . C (A ' 'js�f36 -- 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 Short Term Rental in a two-bedroom unit within a condominium development located at 909 Pacific Avenue, Unit A.The unit has one designated parking space on site. To satisfy the second parking space requirement, applicant has purchased an annual parking pass at the 9th Street Municipal Parking Garage, which is conveniently located directly across the street. The applicant has submitted a receipt for this year's parking pass. As recommended below in Condition 4,the applicant will be required to submit receipts/proof of availability of a second off-street parking space annually to the Zoning Administrator until the Conditional Use Permit is no longer active. A letter of concern has been received from a neighboring property owner regarding future Short-Term Rental tenants with vehicles longer than 18-feet overhanging the parking spaces, posing safety hazard for other vehicles entering and exiting the property and blocking the entry way. Therefore, as recommended below in Condition 2, no vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. Furthermore, per Condition 3,the ingress/egress area along Pacific Avenue shall remain clear for vehicles to safely enter and exit the property. 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 listed below. William J. Wright,Jr. Agenda Item 15 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 909 Pacific Avenue, Unit A,and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to safely enter and exit the property. 4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Proof of ability to use at least one off-street parking space at a location acceptable to the Zoning Administrator shall be provided to the Planning Department on an annual basis as long as the Conditional Use Permit is active. 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 the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner,operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30)minutes. Physical response to the site of the Short Term Rental is not required. 8. If,or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Planning Department 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. William J.Wright,Jr. Agenda Item 15 Page 4 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) 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 obtained a signature from the condominium association manager. • One letter of concern was received. • As required by the Zoning Ordinance,the public notice signs were placed on the property on or before May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9,2020, and August 16, 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 August 12, 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 August 20, 2020. William J.Wright,Jr. Agenda Item 15 Page 5 City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9,2020, and August 16, 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 August 12, 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 August 21, 2020. William J.Wright,Jr. Agenda Item 15 Page 6 Site Layout & Parking Plan --- ii t-----rz. 4.. .. - vw, i� = _ ___ � _ ......._ ,.. , ...„ t ...._„.._ fa 0 701177." y - --" b the Sea = .• • - Retreat y iF 1. • 1'" r 909 Unit A h '�4 ` ': �n „ Parking#1 On-Site ICY,j \" \ \'‘O\ 11.e. _ \ 909 4 ... UNITA I r A. CA t o treet gth S _. S ;•�� gthStreetso arage P CD 4! gp9 U2 Dif_Sitea` af laafVA"7# a5e an A nnu .-': \ \ APPlicanPa king Lea5e {` • Olt It 4 i3 1f��'14 4 Sri 1 It' �l William J. Wright,Jr. Agenda Item 15 Page 7 Site Photos Or ne II PO NO " - IF r- .gro ' • •-• "" I,:ii fl'Ai me . MI Ir ill ill ... iii i ,, i,' ....... - , .. J. ...N... ---_-,. 4- , .•.- -- _ -- - --.....- ''''...--,.7. .4 - - .1....1 i ......'-. .2 .. .. '- _- --- - iiIM .- ..ill-- ill OM •I ____ , r , law • .. 111 ,._,_.- ,v ..,,4 , t Allinikr- ....---- Ai- ‘''Illik' X William J. Wright,Jr. Agenda Item 15 Page 8 6 a9ed ST wail spumy 'Jr'ImspAn 'f we!II!M i ^ r' '.'"-..";A t..I .. .. 11=1- • -:::-- 13 �0 -vit."....... ... e. 4: _- A ' . i 1 — lei i 4F I! 'S / ' .r t�� :.Y-. ii .r.. -/. 1 Jx_ - ' II —I.'- - I ,'1 SO O d al!S Disclosure Statement 1 vit�inta csed;; APPLICANT'S NAME w A �' W /21(-44 'a-- DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property I I Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program , Changes Exception for Board of Zoning Encroachment Request Rezoning Al eats Certificate of Floodplain Variance AppropriatenessStreet Closure (Historic Review Boa 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 i / APPLICANT DISCLOSURE FOR CITY USE ONLY/All dtsdosures n.ust be uJoated two(2)weeks pier to ary Page 1 of 7 Plannin.Commission and Ci: Council meetmo that ertains to the e• !teatimes. 0 APPLICANTNOTIrIEOOf HEARING DATE r NO CHANGES AS of DATE: REVISIONS SUBMITTED DATE 08.13.2020 JB William J.Wright,Jr. Agenda Item 15 Page 10 Disclosure Statement 11/4B Virginia Reach N Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. J! Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's namerai If an LLC,list all member's names: William Joseph Wright,Jr. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Jr (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 I SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if.pf perty owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER iS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 William J. Wright,Jr. Agenda Item 15 Page 11 Disclosure Statement nia 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 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 Propert'. 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 William J. Wright,Jr. Agenda Item 15 Page 12 Disclosure Statement .M3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) f1 Jl Accounting and/or preparer of y M-N1\I -—' j your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 11 the Applicant)-identify purchaser and purchaser's service providers { Any other pending or proposed npurchaser of the subject property I L (identify purchaser(s)and purchaser's service providers) Construction Contractors __ Engineers/Surveyors/Agents Financing (include current vx) mortgage holders and lenders f selected or being considered to provide financing for acquisition or construction of the property) I J't Legal Services 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 Lan 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 William J. Wright,Jr. Agenda Item 15 Page 13 Disclosure Statement V13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applic ti \ 1..v1 PtM� at&N'7 Z Iq 204 INCA\NIS. SIGNAT! URE` PRINT NAME DATE Page 5 of 7 William J. Wright,Jr. Agenda Item 15 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. William J.Wright,Jr. Agenda Item 15 Page 15 Oa 1111 \ \----P------- \ ' ` .1kooSI.,: .'• _.5%1, \ '---5L sc.:11.- ---\—A • -; ' 414' ��-it it Cr y........\\ ____,---:NI' \ ... _ 7 --------- 7-: ... \\ •--;\ - --- , —if ° two .... , ) ,.. • e. !TNP '4I `- _- •r_ ilk-. - U _-- ��t�'"' ,-- `' _____-- 0, \ - - s--: - 'WI , '1"; rrik - t t '�V a1. .. ' f t et \-11\ . 141. t iiiilltialkul , c ..0, \., aø0t Si. iy . -Tu S - t t:._- O its = �.. , Approved t t 1 � 0 Denied ti _ pc key.` �t Under Review to Registered ` � I _ Items#14. William J.Wright,Jr. Conditional Use Permit(Short Term Rental) 909 Pacific Avenue, Unit A June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion,the following applications will be placed on the consent agenda Items 1,2,3,4,5,7,8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19,20, 21, 26, 27,28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you,Bill. I am not sure I noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein,your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say,yes. If you are opposed say,no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 3 1. The following conditions shall only apply to the dwelling unit addressed as 909 Pacific Avenue, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to safely enter and exit the property. 4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Proof of ability to use at least one off-street parking space at a location acceptable to the Zoning Administrator shall be provided to the Planning Department on an annual basis as long as the Conditional Use Permit is active. 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 the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for 4 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) 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. 5 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. 6 From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW: Conditional Use Permit Response Date: Monday,June 8,2020 8:06:45 AM From:Thomas Bowman<bowman.thomas@gmail.com> Sent:Thursday,June 4,2020 3:48 PM To:William R.Landfair<WLandfair@vbgov.com> Subject:Conditional Use Permit Response CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I would like to submit my comments to the Planning Commission regarding these notification requests for short term rentals(Conditional Use Permits): *901 Pacific Avenue Unit B scheduled for June 10 at 12:00 pm/Council District Beach/ Applicant:Carlin Creative Concepts,LLC Comment...copies of the"900 Pacific Place Condominium Association Rules and Regulations be made available within the rental unit or electronically.Special attention needs to be impressed upon the owner regarding rule#9."No....vehicle longer than 18' `or wider than 8'or vehicle more than 3/4 ton captivity may be parked in the Common Element parking area.I stress this Because this unit is at the entry way between the 2 buildings.It is narrow and only a few feet away from the heavily used intersection of Norfolk Ave.&Pacific....especially with campground parking lot behind us and the City parking garage next door.Too narrow of an entry way caused by an oversized vehicle will create a hazard for those entering and exiting our units and for any required emergency vehicles,delivery,mail, or service vehicles that perform work.I have read these ads for short term rentals,but never see mention of our rules. *909 Pacific Ave.,Unit A Beach District Applicant:William J.Wright,Jr....mtg.6/9 *905 D Pacific Ave.,Unit D Beach District Applicant:Mary Ann Cox...mtg.6/10 These comments apply to all 3 owners: Adhere to the association rules for the enjoyment of other owners.See my comment for the previous owner regarding making the rules available. Have these 3 owners checked with our Mgt.Co. to verify that our condominium's master insurance liability policy covers this Short term Commercial Rental Use in regards to the Common Area?I feel they should be asked to do so before renting to not expose other owners to this risk. Please note my comments for these meetings. Sincerely, Janet and Thomas Bowman,owners 911C 703-963-9436 Sent from my iPhone RCSS v OR `OR , . ,‘k \ ,„ \-\ �� Th Street �� � 1 \ \ \ • R-5S OR �� ` 1 '\‘\---3 1 h VZ A-18 " Q QR // 1 1 j. 1 S CD / OR j/ OR ; I Sreio .....,........ \ \ tre _ : __Norfolk Avenue 9th - I'_. RT-3 \. 1 ' ... A._ c, , -\ OR (Co 1 t� ,G \ R�5 S c �_-— CO -\,__.......) \ \ OR- Suite bk Site Carlin Creative Concepts, LLC v T► E Property_Polygons 901 Pacific Avenue, Unit B S QZoning Parking Lot Drive Aisle Feet 7-1 Building 0 25 50 100 150 200 250 300 {ram 7 (v r ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CARLIN CREATIVE CONCEPTS, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 901 Pacific Avenue, Unit B (GPIN 24272444110945). COUNCIL DISTRICT — BEACH MEETING DATE: August 25, 2020 • Background: The applicant is requesting to operate a Short Term Rental in a two-bedroom unit within a condominium development constructed in 1969. The approximately 35,000 square-foot parcel and is zoned OR Oceanfront Resort District. The maximum occupancy of guests on site after 11:00 p.m. for the two-bedroom Short Term Rental is six and the off-street parking requirement is two spaces. Staff informed the applicant of the recent Short Term Rental condition revisions by City Council that reduce the number of overnight guests permitted to two per bedroom and limit the number of bookings in a seven day period from two to one; however, the applicant is not agreeable to the revisions and plans to discuss this at the public hearing. Despite this, these modifications are indicated in the conditions below by underlined and strikethrough text. ■ Considerations: The property is located in the resort area several blocks from the Atlantic Ocean where Short Term Rentals are common and expected. As only one on-site parking space is available for the tenants, the second space will be located across the street in the 9th Street Municipal Parking Garage. The applicant has purchased an annual parking pass and submitted a receipt to Staff. Recommended Condition #4 below requires the applicant to submit receipts/proof of availability of a second off- street parking space annually to the Zoning Administrator until the Conditional Use Permit is no longer active. A letter of concern was received from another condominium owner regarding safety issues with vehicles longer than 18 feet being parked in the parking lot. Specifically, such vehicles may pose safety hazard for other vehicles entering and exiting the property and blocking the entry way. Condition 2 is recommended to address this concern and Condition 3 will ensure that the ingress/egress area along Pacific Avenue remain clear for vehicles to safely enter and exit the property. All other requirements of Section 241.2 of the Zoning Ordinance for Short Term Rental can be reasonably met. Further details Carlin Creative Concepts, LLC Page 2 of 4 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: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Due to an advertising error, the item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and number of rentals to one per week. 1 . The following conditions shall only apply to the dwelling unit addressed as 901 Pacific Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to safely enter and exit the property. 4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Proof of ability to use at least one off-street parking space at a location acceptable to the Zoning Administrator shall be provided to the Planning Department on an annual basis, as long as the Conditional Use Permit is active. 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 the allowed number of people who may stay overnight (number of bedrooms times three two (2)) 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 Carlin Creative Concepts, LLC Page 3of4 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 Planning Department 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)one (1) 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) 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) two (2) individuals per bedroom. Carlin Creative Concepts, LLC Page 4 of 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. • 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 `7`� City Manager:19W Applicant and Property Owner: Carlin Creative Concepts, LLC Agenda Item Public Hearing:August 25, 2020 City Council Election District: Beach 16 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation ,9„srr°°'` ��, Approval ,Sd�Streel Wh gpyt� >� I \ tbt„ _ Staff Planner Jenizza Badua '� 4, q 11 3U ray 'str I.,cet a Location -' 901 Pacific Avenue, Unit B StRet `"*� ;I Norfolk Avenue 1 9 GPIN 4 go-24272444110945 9, strecl oo—Aoal MarylarKl PA° al o°I°ware py°no- n 6t„Stre°t Site Size _t' "aa I"eolrna►'.1.6 5 05Veet 34,996 square feet �'- ` E 40sae°t ,�steel Existing Land Use and Zoning District k ._ . .. A / Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North s Duplex dwellings, commercial parking lot/OR �-t `��' Oceanfront Resort typo y /- t ' , South i kr: 9th Street � t ` 't'' 11, Municipal parking garage/OR Oceanfront ►.% @ Resort " S L. 416 jk.t. ^yt v t '+ East _.�.... ::: $':. - , " \' Retail shops/OR Oceanfront Resort c+t > West :, �. ... Norfolk Avenue: E I d Pacific Avenue 9 s,re T. y Off-site parking lot/OR Oceanfront Resort : ' - : , !!l r 5, at t +a .,o } ter .r r •,- ..1.4, ...,.. , \ , _ 4-er•t r, Carlin Creative Concepts, LLC Agenda Item 16 Page 1 Background & Summary of Proposal Site Conditions and History • The 35,000 square-foot parcel is zoned OR Oceanfront Resort District. • City records indicate that the multi-family condominium was constructed in 1969. • Staff inspected the site on March 12, 2020 to observe site conditions and take photographs for this report. • One on-site parking space is designated in the parking lot specifically for the two-bedroom unit.There is no on- street parking on this portion of Pacific Avenue. On-street parking in the immediate vicinity is metered. • On February 4, 2020, City Council approved a two-bedroom Short Term Rental of the neighboring unit, 933 Pacific Avenue, Unit B.The applicant satisfied the required second parking space by leasing a space at the 9`h Street Municipal Garage available for the renters at all times. • 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 � t . 31.,0, �►�� n + tie`g • bi1 ai# 111 ... 10 Wink ! rj ; � 1111 • Den edlS: ' 1t�Y'` r� 0 Under Rev lew 1r. 0 *r ,A 0 Regetered .10016 4j, Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a two-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: 2 Carlin Creative Concepts, LLC Agenda Item 16 Page 2 • Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per bedroom):6 • Number of parking spaces required (1 space per bedroom required):2 • Number of parking spaces provided: 1* *A second parking space has been leased within the 9'Street Municipal Garage located across the street. • • • Res va ; ,a„stoat \).1 g C;, • Zoning History • , 3 ' ��1 OR # Request 7� 1 STC(Closure of unimproved ROW)Approved 12/4/2004 "tO"DA � st1°et 2 CUP(Short Term Rental)Approved 02 4 2020 •:rfS C._CRC . OR Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant is requesting to operate a Short Term Rental in a two-bedroom unit within a condominium development located at 901 Pacific Avenue, Unit B.The unit has one designated parking space on-site.To satisfy the second parking space requirement,the applicant has purchased an annual parking pass at the 9th Street Municipal Parking Garage, which is conveniently located directly across the street.The applicant has submitted a receipt for this year's parking pass.As recommended below in Condition 4,the applicant will be required to submit receipts/proof of availability of a second off-street parking space annually to the Zoning Administrator until the Conditional Use Permit is no longer active. A letter of concern has been received from a neighboring property owner regarding future Short-Term Rental tenants with vehicles longer than 18-feet overhanging the parking spaces, posing safety hazard for other vehicles entering and exiting the property and blocking the entry way.Therefore,as recommended below in Condition 2, no vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. Furthermore, per Condition 3,the ingress/egress area along Pacific Avenue shall remain clear for vehicles to safely enter and exit the property. 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 listed below. Carlin Creative Concepts, LLC Agenda Item 16 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 901 Pacific Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to safely enter and exit the property. 4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Proof of ability to use at least one off-street parking space at a location acceptable to the Zoning Administrator shall be provided to the Planning Department on an annual basis,as long as the Conditional Use Permit is active. 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 the allowed number of people who may stay overnight (number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1(8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30)minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department 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. Carlin Creative Concepts, LLC Agenda Item 16 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) 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 obtained a signature from the condominium association manager. • One letter of concern was received. • As required by the Zoning Ordinance,the public notice signs were placed on the property on or before May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9,2020, and August 16, 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 August 12,2020. • 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 August 20, 2020. Carlin Creative Concepts, LLC Agenda Item 16 Page 5 City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 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 August 21, 2020. Carlin Creative Concepts, LLC Agenda Item 16 Page 6 Site Layout & Parking Plan • h i a .1".. by t•he iSei:, I. _ :-._ _ -,- . r. _ = Retreat , k _. . , , so ., .„ I. �r 901 Unit B \ — - Parking#10n-Site , \ \ \ it, • 901- -. F UpR a 9th Street b 0 4 CD 8 c �V • 901 tlOffsite 1 ; • II A 3 a R Parking Pur�ha5ed a�A 3 as �� • ApPlican Parking Lease • i • \ • 1 o ili 1 , \ ilIl Carlin Creative Concepts, LLC Agenda Item 16 Page 7 Site Photos .. Mow , „,,_,_ 1 "` si f�a.! ., , wl 1 II' L , J 1111 _ 1 - -==5 , � ,,,-... __-„- / \ , Carlin Creative Concepts, LLC Agenda Item 16 Page 8 Site Photos 'i • 1 i. ill I • : ,, , .11 1 x . r. • : 1 1 ,I ' . \,..-..,... T., '_ - ,111,9,, - -\ , .4,4t_--i , ...11 •1 .. , - — i tY0 ' • ___-,.....__. ..,,. ,..-/ ,---- MI i .7- ....=:. - .,,,..,..... . . . , . . -1\ -- -. „ . , •••••. Carlin Creative Concepts, LLC Agenda Item 16 Page 9 Disclosure Statement 'ISIB Virginia Beach APPLICANT'S NAME °Ilvercanin 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; • Aagnhhion of Property 1>}sposltlon of City Modification of ' by City Pro rty Conditions or Proffers ' Xiternattve Economic Deva Mt Nonconforming Use CanWltagce,sppdat 'fnvastrrleat Program Cha"es @xoeptigt hr � �i�Pl!__ •Board ofZo to airs • ' Encroachment Regaest RR_soMhg Certificate of Pioodplain Variance Appropriateness Street.Ctosure istorii ew FrabcAtse Agraement • C esapEake Bay Preservation Area Geese of City Property Subdivision Variance ce Board Condit' lanai use Perrin Lionise Agreement Wetlands Boird The disclosures contained In this form are necessary to inform • public officials who may vote on the application as to whether they hive a conflict of interest under•Vireinia law, .s ... SECTION 1 /APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures mustl,e.updatte avo f2,weeks prior to any i - Page I of 7 PlahhALCotothhtfoh and CI,, coach meeNns,that nergMs to the a aIcaioa;sy. ❑ .,Arrucwrr Ntyrintf Or NEARING r -DATE: - (3, two CI4RNOSS ASQF - __-i..DATE ((o [ 7t'^, �' ._Li i REVWONa SUBONTIT.12 _DATE C£ 08.1 .2020 - 08.13.2020 JB Carlin Creative Concepts, LLC Agenda Item 16 Page 10 Disclosure Statement XB VDesch 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ECheck here if the APPLICANT tS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Carlin Creative Concepts LLC If an LLC,list all member's names: Oliver Carlin If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (I) 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. n Check here if the P PERTY OWNER IS NOT a corporation,partnership, firm, business,or other unincorporated organization. fx Check here if the PROPERTY OWNER/S a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. . •GA) List the Property Owner's name:Carlin Creative Concepts LLC If an LLC, list the member's names:Oliver Carlin Page 2 of 7 Carlin Creative Concepts, LLC Agenda Item 16 Page 11 Disclosure Statement Virginia Beach If a Corporation,lost 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 anotii r.ce poauert.' See State and local Government Conflict of Interests Act,Va. Code§2.24101. 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 entitles" See State and Local Government Conflict of Interests Act, Va.Codes 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 4r 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 Carlin Creative Concepts, LLC Agenda Item 16 Page 12 Disclosure Statement VB, APPLICANT Virginia Beach l YES I NO I SERVICE PROVIDER(use addtMsnat sheets iF need�( n Accounting and/or preparer of Tax Sentry L> I ' your tax return n 1( Architect/Landscape Architect/ ����II Land Planner Contract Purchaser(If other than the_9ppllcant)-identify purchaser and purchaser's service providers Any other pending or proposed V purchaser of the subject property (identify purchaser(s)and purchaser's service Rproviders) u Construction Contractors Homefix Custom Remodeling ® Eng ____ ineers/Surveyors/Agents .Hayden Frye and Associates,Inc. Financing(include current - 1 E Mortgage Management LLC 7 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CI I Legal Services Alperin Law Real Estate Brokers/ Robert Ramey with Rose&Womble i IX Agents/Realtors for current and Realty anticipated future sales of the , subject property i t —__ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO .Does an official or employee of the City of Virginia Beach have n xi an interest in the subject land or any proposed development contingent on the subject public action? J If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Carlin Creative Concepts, LLC Agenda Item 16 Page 13 Disclosure Statement Virginia Beach CERTI FICAT10t$ 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 any pubic body or committee in connection with this li Lion, otiver Carlin 1a0 APPLICANT' .I TURF .. PRINT NAME ()ATE Page 5 of 7 Carlin Creative Concepts, LLC Agenda Item 16 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. Carlin Creative Concepts, LLC Agenda Item 16 Page 15 . .*:t.er____ +-:,--,z--- --7,- t ...,, \—: \ - 'Ei 0 \ c '., —1 s tt^ fie'- _ 4.. - 0 --ii \\ 11.., \ . "_______.—,a1" \ . 1, , . . :t !�'^ Vr� t • L ) —f' l 1iir IWO it,h, tt.6.:_ts-\ . `-1 lesnot. .. . bcr:t. . ii,,4'NW \''. Aj_._ ,' 11----#1-11',°.• s \ \.-.1'-4)/ rfr*Eil71111 i Stitt *4it - r Di k-e._ - rr- - �- art = ti .. tr- e rti.10 t'a '�, ��t et Willi A tell 1101(11 ' Ass,r ,004.,v_A\ - k\,. _,,,, sok ss ‘ 1. ---' ..•��to \ ' \ r0i doll 0- a \3.0 _it , se ifilhi a \ % STATUS _ 1 l ;: -- -- itrAT. Approved , �- i. .tittom . 1 Y. , • Denied 'ik 1 ;1 • ` Atie t ei. , 't: . e •-•"___3, { Under Review P `.,. = t ,� C ri Registered A v � \ r_ ----- — ' A7. s _ , • mot'' 1 Items#15. Carlin Creative Concepts,LLC Conditional Use Permit(Short Term Rental) 901 Pacific Avenue Unit B June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion,the following applications will be placed on the consent agenda Items 1,2,3,4,5,7,8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19,20,21, 26,27,28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston,the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you,Bill. I am not sure I noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein,your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say,yes. If you are opposed say,no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms.Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 901 Pacific Avenue, Unit B, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than 18-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to safely enter and exit the property. 4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. Proof of ability to use at least one off-street parking space at a location acceptable to the Zoning Administrator shall be provided to the Planning Department on an annual basis, as long as the Conditional Use Permit is active. 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 the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 4 below. This information must be submitted to the Planning Department 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) 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. 5 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. 6 From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW: Conditional Use Permit Response Date: Monday,June 8,2020 8:06:45 AM From:Thomas Bowman<bowman.thomas@gmail.com> Sent:Thursday,June 4,2020 3:48 PM To:William R.Landfair<WLandfair@vbgov.com> Subject:Conditional Use Permit Response CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I would like to submit my comments to the Planning Commission regarding these notification requests for short term rentals(Conditional Use Permits): *901 Pacific Avenue Unit B scheduled for June 10 at 12:00 pm/Council District Beach/ Applicant:Carlin Creative Concepts,LLC Comment...copies of the"900 Pacific Place Condominium Association Rules and Regulations be made available within the rental unit or electronically.Special attention needs to be impressed upon the owner regarding rule#9."No....vehicle longer than 18' `or wider than 8'or vehicle more than 3/4 ton captivity may be parked in the Common Element parking area.I stress this Because this unit is at the entry way between the 2 buildings.It is narrow and only a few feet away from the heavily used intersection of Norfolk Ave.&Pacific....especially with campground parking lot behind us and the City parking garage next door.Too narrow of an entry way caused by an oversized vehicle will create a hazard for those entering and exiting our units and for any required emergency vehicles,delivery,mail, or service vehicles that perform work.I have read these ads for short term rentals,but never see mention of our rules. *909 Pacific Ave.,Unit A Beach District Applicant:William J.Wright,Jr....mtg.6/9 *905 D Pacific Ave.,Unit D Beach District Applicant:Mary Ann Cox...mtg.6/10 These comments apply to all 3 owners: Adhere to the association rules for the enjoyment of other owners.See my comment for the previous owner regarding making the rules available. Have these 3 owners checked with our Mgt.Co. to verify that our condominium's master insurance liability policy covers this Short term Commercial Rental Use in regards to the Common Area?I feel they should be asked to do so before renting to not expose other owners to this risk. Please note my comments for these meetings. Sincerely, Janet and Thomas Bowman,owners 911 C 703-963-9436 Sent from my iPhone Ilic ORS a{{17 0 at _ORS tip - - _---= ® '', / • 1st a,{ 1 •_ - - --- 1- 1- _...., .. .,,,__-_____--.-_,---7#":0 Street z? OR 2 H 436, III OR :Ste- -------) C. 2�St street 1 11 � • �St Street 2 ,' R �` ,, , o� __ \ Site ` \\-®-N E.--- Nathan Bolling 1 j Property_Polygons g Ti Zoning 423 21st 1/2Street Parking Lot Drive Aisle Feet Building 012.525 50 75 100 125 150 ,-i1 .1, " CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: NATHAN BOLLING [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 423 21st 1/2 Street (GPIN 24270823850001). COUNCIL DISTRICT — BEACH MEETING DATE: August 25, 2020 ■ Background: The applicant is requesting a Conditional Use Permit to operate a three-bedroom Short Term Rental in one unit of a duplex located in the resort area. A Conditional Use Permit for a Short Term Rental was approved for the adjacent unit on July 7, 2020. The 7,860 square foot site is zoned OR Oceanfront Resort District. The maximum occupancy of guests permitted in the three bedroom unit after 11:00 p.m. is nine; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or six total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: The site is located three blocks from the public beach of the Atlantic Ocean, in an area where Short Term Rentals are common and expected. The submitted parking plan shows all three required parking spaces located on site, two on the brick paver driveway and one in the single-car garage. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited to two resident passes for each unit and guest and temporary passes will not be permitted while the Conditional Use Permit is active. All other requirements of Section 241 .2 of the Zoning Ordinance regarding Short Term Rental 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. Two letters of support have been received from the owners of neighboring properties. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. Due to an advertising error, the item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Council's Nathan Bolling Page 2 of 4 direction of limiting the maximum occupancy to two per bedroom and number of rentals to one per week. 1. The following conditions shall only apply to the dwelling unit addressed as 423 21st 1/2 Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes 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 the allowed number of people who may stay overnight (number of bedrooms times three two (2)) 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 Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. Nathan Bolling Page 3of4 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 Rentals. 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) one (1) 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) 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) two (2) 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 Location Map STR Vicinity Map Minutes of Planning Commission Hearing Nathan Bolling Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 'At. Applicant& Property Owner: Nathan Bolling Agenda Item Public Hearing:August 25, 2020 City Council Election District: Beach 1 7 City of Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation L_... i Approval ( 2 ``, aia t e°ere, i , 2.01we e Staff Planner �` .I., r9 2 d'5"°'`--1250,St,eet Jenizza Badua a t 280 Street Location 4.„, ago 2s'ds`"'` •s .Strew 423 215t%:Street '' �� 22nd street G PI N r ::'. a gpo'�� . I `' 24270823850001 ''� 2�' '~ _vi �i'� Site Size 7,860 square feet siiii - at t 0111 , si s eit - itt.:„..,‘1.4, Existing Land Use and Zoning District Two duplex structures (four units) /OR -- Oceanfront Resort Surrounding Land Uses and Zoning Districts North I, 2152%2 Street „,�' '' 2'a `k ii;, , t, 4 Single-family, duplex dwellings/OR Oceanfront `s '~ ; - �.t Resort ,z, t«"ti South � : ~� T � Y Multi-family dwellings, hotel/OR Oceanfront a . �x ' f tv; Resort ' '\ i ,1 East q Two duplex structures (four units) /OR `i. " "'1 Oceanfront Resort s v. l -' 2,sts-°` , ..ii Westic ,�,. i Duplex dwellings/OR Oceanfront Resort jar* 'lea �' k 4 Nathan Bolling Agenda Item 17 Page 1 Background & Summary of Proposal Site Conditions and History • The subject site is 7,860 square feet and is zoned OR Oceanfront Resort District. • There are four dwelling units on the property located within two duplex dwellings. Each unit is owned individually and the property is jointly owned under a condominium agreement. According to City records,the applicant's unit was built in 2019. • This Conditional Use Permit request is for a three-bedroom unit within the northern duplex with vehicular access from 21st%2 Street. • Staff inspected the site on March 12, 2020 to observe site conditions and take photographs for this report. • The property lies within the Residential Parking Permit Program (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 Short Term Rental from parking in the street during the restricted hours. • City Council approved this property for Special Exception for Alternative Compliance in 2017 to allow the second duplex structure adjacent to the alley (21st%:Street) on the property. • No zoning violations were found on the subject property. Short Term Rentals in the Vicinity ..�r;Ilk l . v.„_\ 2Aftt S � _ ee gee e STATUS Q ee % Avproved • Denied - O Under Renew ' Y 'y "1 'iSU Q Registered . .N iK Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three-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. Nathan Bolling Agenda Item 17 Page 2 • Number of bedrooms in the Short Term Rental: 3 • Maximum number of guests permitted on the property after 11:00 p.m. (maximum 3 per bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on site: 3 (2 in the driveway and 1 in the single-car garage) OR 2206 Sven Zoning History ° , OR # Request 3iµensuge` 1 ALT(Alternative Compliance)Approved 04/18/2017 OR w.._ -- 1 2 ALT(Alternative Compliance)Approved 04/18/2017 _ OR -►� 3 ALT(Alternative Compliance)Approved 03/11/2014 : I �'"-_' 4 NON(Enlargement of a Nonconforming Use)Approved 3 , �� �dsa C . OR �r��'" 6R 11/28/2000 --. 3 5 SVR(Subdivision Variance)Approved 09/06/2011 l y - 6 CUP(Commercial Parking Lot)Approved 03/10/2009 . I MOD(Commercial Parking Lot)Approved 11/9/2010 1 1. , om, 7 SVR(Subdivision Variance)and �� , :_OR $ 7.‘'. -,„'. °R � X _� ALT(Alternative Compliance)Approved 10/8/2013 - \ _ 8 ALT(Alternative Compliance)Approved 05/14/2013 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning Proffers ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning NON—Nonconforming Use SVR—Subdivision Variance STC—Street Closure Evaluation & Recommendation The applicant is requesting to operate a Short Term Rental in a three-bedroom unit within a duplex structure located at 423 2152%Street. The submitted parking plan satisfies the three required parking spaces:two parking spaces are located on the paver brick driveway and the third is located in the single-car garage. The Zoning Administrator has reviewed the plan and finds this approach acceptable. Since the property is within the boundary of the Residential Parking Permit Program (RPPP), parking passes issued for the subject dwelling unit will be limited to two resident passes for each unit; guest and temporary passes will not be permitted while the Conditional Use Permit is active. Two letters of support have been received from the neighboring property owners of the unit at 421 21st%2 Street and the four adjacent units at 417/419 21st Street and 417/419 215t Y:Street. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Nathan Bolling Agenda Item 17 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 423 21st%: Street,and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP)shall be limited to two resident passes only. Guest and temporary passes 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 the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department 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 Rentals. Nathan Bolling Agenda Item 17 Page 4 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) 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 obtained signatures from each of the condominium unit owners associated with the property. • Two letters of support were received by Staff. No letters of opposition were received. • As required by the Zoning Ordinance,the public notice signs were placed on the property on or before May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16,2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 12,2020. • 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 August 20, 2020. Nathan Bolling Agenda Item 17 Page 5 City Council • As required by State Code,this item was advertised in the Virginia-Pilot Beacon on Sundays,August 9,2020,and August 16, 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 August 12, 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 August 21, 2020. Nathan Bolling Agenda Item 17 Page 6 Site Layout & Parking Plan --- 21st Street > in 4'414— ' A. Cl -l- an 4p .stxon ar s >-1 Y ♦` a —W -7C-1==z- $—X X Vein-X X X oi, i ,._..Lii ■ ■ LI q I - -1 I I I Ell r-----c=9 0 I ❑ `PORCH/'0 +` PORN O R iu I I O.11❑ I I . 00-a ONDN I I O r H .CiL. ❑ 1,...,_ �� �I: 4.s ASV a Il A j (' a CI ela ,art AT7 01 0 417 Unit 419 Unit 0 II 0 $ 421 Unit 423 Unit g 0 / . ;,. ❑ 13 ❑ 000 I )i 1 Ro ❑ eras I n data ❑ ❑ t ts.; all! _ El I You ■ `T' ❑, ❑ PORCH - A A PORCH ❑ I a0 ID n, I J ,, �I 0 x" ss � ❑❑rx 'r ❑ I ❑�4❑ Q CI)IR }5 N ,■ I ❑ E No suM.NOW NO SINN SON 41* u 70yI .CiiO GooU I ❑'•'�i❑J WOO 0000 NO SINN NW .I NOM w-N4 1• M7 51I17.7YY/ M7 S/M7 711w ❑ ❑ ❑ I ' o d �C'�I,00,� . d o t o doors • •Tip doo� o _ I . ❑ ❑ ❑�� ,f ■ ❑ ❑ ❑ ,. $i1 ❑ ft 1. ❑� ❑ k 423 Unit ❑r" r 00 • ❑ ❑ 3-bedroom ❑ ' 417 Unit 419 Unit ❑ ❑ 421 Unit ❑', A c \ , ,, ,, ,nr tis 1 �°_ —Y II _PORCH PORCH I PORCHORCMI 1N N,i \. `` 1 y X II 4— 1 satro ,Wll �1 • i .A.b.4 *I x Gnod,irrsi�ae. `II 1 a+ta�.rd. noua�ruswo POW 714 l Imot INN r. -. y-&---_X oo b�X X — - X -.aoos :r Ni E--- 21st 1/2: treet - , Nathan Bolling Agenda Item 17 Page 7 oo � oo c a O E c'o m }; a c fa (13 a.+ C a) z Q • k, J .✓ Y . iy' ' ywommial i .. ,x.4,00,;,„,,:,,,,,,..,,,t,,,,„,,,.,;,/,; . '', ' V ar I3 ry �� 4 1M (iMlf!! ;'mp,+9k fEf }, - aaaaam d ! rraat . .,.. ,... ,.: m � tz e i W .h+. � 1 NI ,,.- am. LA 0 4.1 t a v +� N Site Photosism, *Yy, _ . r L. l . • r a . 6.1s t Nathan Bolling Agenda Item 17 Page 9 Disclosure Statement Virginia Bearh APPLICANT'S NAME NGl1ViO.M ajt v7 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: Aoquisrtion of Property [Disposition of City Modification of by city i Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program NonoonformMg Use _Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning 1 Appeals _ _ _ Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) __ I Chesapeake Bay i Preservation Area Lease of City Property I Subdivision Variance Board Conditional Use Permit License Agreement t 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 I FOR CITY USE ONLY/Aft disclosures must be updated two(2)weeks prior to any Page 1 of 7 'Planning Commission and Chy Council meedna that certain to the aopllcadon(s). 4.4 ❑ !APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF _ - -T..DATE J2 o/k ' ` - ,�^!f ? ❑ REVISIONSSUWITTED_ DATE: DATE: ; 08.13.2020 JB Nathan Bolling Agenda Item 17 Page 10 Disclosure Statement Virginia Beach Fr Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization.ta�,,,, (A) List the Applicant's name:_talI 4.WLDQ l 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) Nick (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N1 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 NOTa 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 Nathan Bolling Agenda Item 17 Page 11 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) 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 entityrelationship" 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_bosiness operating or to be operatedQn.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 SEPERATEI Y Page 3 of 7 Nathan Bolling Agenda Item 17 Page 12 Disclosure Statement sr APPLICANT 10WNA/ Vergin+a Brach YES NO SERVICE PROVIDER(use additional sheets if needed) Er ❑ Accounting and/or preparer of your tax return 1 . 1A i 1 .ALAS L' n aArchitect/Landscape Architect/ Land Planner , = Contract Purchaser(if other than riEr the Applicant)-identify purchaser and purchaser's service providers IMMO Any other pending or proposed El I �� purchaser of the subject property ��JJ (identify purchaser(s)and purchaser's service providers) ,L NI Construction ContractorsIBEINIMPAMIE u El Engineers/Surveyors/Agents i Financing(include current [a[y Elmortgage holders and lenders selected or being considered to v. provide financing for acquisition or construction of the property) i, i Legal Services111 MI" Real Estate Brokers/ •`�-' j C✓ ❑ Agents/Realtors for current and VSfi Cass vza.A e4-ttett future sales of the subject property k I.(,l • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ C, 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 Nathan Bolling Agenda Item 17 Page 13 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. PR RTY OWN URE n 4 N a 1• t N i ` 14019 D _ 140 PRINT NAMEPage 7 of 7 Nathan Bolling Agenda Item 17 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. 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The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion,the following applications will be placed on the consent agenda Items 1,2,3,4,5,7,8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19,20, 21, 26,27,28,29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you,Bill. I am not sure I noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein,your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say,no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 423 21 st 1/2 Street, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes 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 the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' 4 below. This information must be submitted to the Planning Department 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 Rentals. 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) 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 5 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. 6 Jenizza Badua From: Nick Trebon <ntrebon@msn.com> Sent: Monday,March 23,2020 12:27 AM To: Jenizza Badua Cc: Nathan Bolling;Nathan Bolling Subject: Boling support letter for CUP Follow Up Flag: Follow up Flag Status: Flagged CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Nick Trebon 421 21st 1/2 street,Va beach Va 23451 Nathan and Jade Boling 423 21st 1/2 street,Virginia Beach VA 23451 I fully support Nathan and Jade Boling using there home for short term rentals Sent from my iPhone i Jenizza Badua From: Nancy Hunt<nancyhuntl@gmail.com> Sent: Saturday,March 21,2020 11:45 AM To: Jenizza Badua Subject: 423 21st 1/2 St.-CUP support Follow Up Flag: Flag for follow up Flag Status: Flagged CAUTIUr., This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern: My husband and I are writing in regards to the CUP application for 423 21st 1/2 St., Virginia Beach,VA 23451 We own the neighboring property at 419/417 21st 1/2 St and fully support Jane and Nathan Bolling using their property for short term rental use. The Bollings are very professional and use great discretion with their rental properties. Thanks, Nancy Hunt 809 Greentree Arch Virginia Beach,VA 23451 1 )0 Lizi Ai 7 w �� 0 \ Illtdi --.., I:. I i,, ,,, V) Ss \1401 ,,'' --1 S" \- / ma . N\NN ( p, ,, R-10 ► N A-18 R-1'O A-18 N rA Site - N w t: Property_Polygons Dawn Wyatt '-r,r 609 Bayway Road S Zoning Parking Lot Drive Aisle NM 111111111111111 INIMINI _Feet i i _ 11 on An on 1on 1an ')nn -)nn r ., f yi s� C) CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: DAWN WYATT [Applicant & Property Owner] Conditional Use Permit(Short Term Rental) for the property located at 609 Bayway Road (GPIN 2417286565). COUNCIL DISTRICT — BEACH MEETING DATE: August 25, 2020 • Background: The applicant is requesting to operate a Short Term Rental in a two-bedroom single-family home constructed in 1951. The 23,243 square foot lot is adjacent to Linkhorn Bay, approximately two miles from the oceanfront, and is zoned R-10 Residential District. The minimum number of parking spaces required for this use is one per bedroom, or two spaces in this instance. The maximum occupancy of guests on site after 11:00 p.m. for the two-bedroom Short Term Rental is six; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom, and that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: Like other properties in the neighborhood, the site has been developed with a single-family dwelling constructed in the 1950's. As shown on the parking plan, the required two off-street parking spaces can be accommodated in the existing driveway. On-street parking is permitted 24-hours a day on Bayway Road; however, use of the right-of-way for parking is not required to meet the requirement. All other requirements of Section 241 .2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. Dawn Wyatt Page 2 of 3 1. The following conditions shall only apply to the dwelling unit addressed as 609 Bayway Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. 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. 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 throe two (2)) 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 Planning Department 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- Dawn Wyatt 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)one (1) 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) 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) two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department ' City Manager:. W Applicant & Property Owner: Dawn Wyatt Agenda Item Public Hearing:August 25, 2020 City Council Election District: Beach 18 „ t , Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation `mue D Approval ,Go Staff Planner 'Tanager e,Trail Aubrey A.Trebilcock f Location GatoNn aNe 1.1,0" Road Pe°P Y Ap bird p,we 609 Bayway Road m t 0 GPIN " 24172865654. Site Size "yea m ° 23,243 square feet Old Vr9in;a Beach Road Ners,Cys tie 26' Existing Land Use and Zoning District J Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts North Bayway Road Single-family dwelling/ R-10 Residential South Linkhorn Bay/A-18 Apartment East ` _ r Single-family dwelling/ R-10 Residential West Linkhorn Bay Single-family dwelling, townhomes/ R-10 Residential, A-12 Apartment Dawn Wyatt Agenda Item 18 Pare 1 Background & Summary of Proposal Site Conditions and History • The subject parcel is 23,243 square feet and is zoned R-10 Residential. • City records indicate the existing single-family home on the property was constructed in 1951. • Staff inspected the site on March 13, 2020 to observe site conditions and take photographs for this report. • All required parking can be accommodated on site. On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • No past violations or City Council actions were found for the property. Short Term Rentals in the Vicinity --c- -ma__,---_,,----------: __,--------- .t._ . Art 0 1:s,°a4E,(: 1 Reynard Cres / 1s- h C. cent 0 '�''-Reynard-D-ri [[ -- r Hawks Nest Way -STATUS "" 0 Approved �-- li 1 0 oemea '--;eh R d __Piers- eSCe�__ 264 ' --- - Under Review �: _ -- _-- F a N — \ �� p Regisreretl Summary of Proposal The applicant submitted a Conditional Use Permit application to operate a two-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: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 Dawn Wyatt Agenda Item 18 Page 2 12-20 Li 1 o 17 k ' ' + 15 Zoning History 1cN �- 10 R A-12 ;� 'z i I + J ��' --- # Request - -- -- � '; �• ,�-- 1 CRZ(0-2 to Conditional B-1A)Approved 01/13/2001 A-18 2 CRZ(0-2 to Conditional B-1A)Approved 02/10/1998 A-1B , A•18 Rif 6.16131 • 4-1�S10 row Gam` Lsn. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The subject property is located adjacent to Linkhorn Bay, close to Laskin Road and approximately two miles from the oceanfront. Like the other properties along Bayway Road, the subject property has been developed with a single-family dwelling that was constructed in the 1950s. The applicant has requested a Conditional Use Permit for a Short-Term Rental for the two-bedroom single-family home. Two parking spaces are required and both are accommodated within the driveway. In Staff's view, all other requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rental use 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 609 Bayway Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. 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. Dawn Wyatt Agenda Item 18 Page 3 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Planning Department 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) 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. Dawn Wyatt Agenda Item 18 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 was placed on the property on or before May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020 and August 16, 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 August 12,2020. • 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 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 August 21, 2020. Dawn Wyatt Agenda Item 18 Page 5 Site Layout & Parking Plan PARCEL'A' Eli nor. ,,ow v Gravel driveway 9'x 18 parking space { in the driteway E ii o: ___,,-<$.47,1, -,,, ..„.. 1.9 1 trot 1__:::.4.„0,,,,,,„,,,w,„,.. ,.... 7„..t„zi.„ 1 i en . 1 ,.„..i.,;„-iktii;..,x,,-„,..,,3-71iti,„}..t.:,,,,-,,,4; sit ret..c 1 _O Erla *C GiG. 9 .ve `n `i 79.1 a to 14(i ": Dawn Wyatt Agenda Item 18 Page 6 Site Photos . ..., • . • /' ., - , , ':-.;..-4".. 7• - ....06%."' ...,..' " . • 4 it.‘„ '41110...4. :i., - "".-'"t5,•:1.••,,,, • • , — i, .'• 1 fr';'41.. ":.- :>4 _. • ;,'t q .`4/:/-• Itd , -'/ .•,--', --- .., .,,!..; ,, '..icil ier.4: -. - • 's - --.,., ,. ,I. . 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'"'"'r:'-',....47.-,..,---•',.., • ' ...ti:_e:, _ ... .1'.-•'-''''t;:iagf.:-.14,:-.- ..... - '-",..,;•:Xt":1.: ',- ' Dawn Wyatt Agenda Item 18 Page 7 Disclosure Statement 113 Virginia Beach 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: I Acquisition of Property I Disposition of City I Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes i Exception for .(EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of F$oodplain 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 Ae nNt) /Alt Page I of 7 ® APPLKAN1 NOTIFIED OF HEARUNE. 06/12/20 ® NO CHANGES AS Of j[ 07/23/20 _,.REviso1NS SUSMrTTED - t-- - - 08.13.2020 AT Dawn Wyatt Agenda Item 18 Page 8 Disclosure Statement 171/4B Virginia Beach MCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. I ( Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_I wN \ 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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Ls d' erent fror►t Applicant. Ei 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 foiiowir; (A) List the Property Owner's name:___ if an LLC, list the member's names: Page 2 of 7 Dawn Wyatt Agenda Item 18 Page 9 Disclosure Statement 'NB Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) iB) 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 of 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§2.2-31 01. 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 Dawn Wyatt Agenda Item 18 Page 10 Disclosure Statement APPLICANT Virginia Beach YES] NO r SERVICE PROVIDER(use additional sheets If needed) ._ n XI Accounting and/or preparer of 1 1 your tax return El ® 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 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors El ® 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/ I I Ex Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I 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 Dawn Wyatt Agenda Item 18 Page 11 Disclosure Statement V13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 11111KM . LAWN V\kar1 " �►q(Z��1-' APPLICANT'S SIGNATURE) PRINT NAME DATE • Page 5 of 7 Dawn Wyatt Agenda Item 18 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. Dawn Wyatt Agenda Item 18 Page 13 1 \ .•: , \ —"I k... * i .,, i L_I 7 j 1 ,I ---1-c % , _ 1 ,, / i'l 1 I 1 12 '• '. \t \ 1 Y il j ,i I \. ' • 1 .,. N i , alt•IJO dose.1 i I: Y' 1 __/,'...7)L_____,,_____ ______i) 1 - r ,__---- \ ,,, --\ \ ‘, _,..._ \0 1 \ (,._.'; , : qv; ii. , = ,.._...,_ fil ,,$,D, . i . 1 t 1 1 1 II # 1 i1ll if __.----------\ ' 1 / \ . 1—',_. \--------,_ .,,'" , ------ \ : 1.-----.---"\ ''':,1,\ --,, . I '---\--P--,, / C , 1 ' / . /-, ...,1 I(1) ,, , .. , • Ig • LI / II b ' 0 ';'':'. Wal-11VMATet11111.1. I 11 , .,•-, "------ \',: '.--eAlite. -61j-L-- ., w-'' I ci) it. )1 • .• t. F.- rm. '1 ›, a--- I , tv , \ :, \\\____ -- ..... , . 1 1 0 • , , \ Zw .--. . . , , , _ , . _ .- ...--, . , ---- - r —06 VO .,-----,,„„ ---- .,,,.,1, ,,:, ,, „c s I \c---- \ \ - 1 ____- x___ _--. --W\---7-7-7- - 1 w i.... - % ', \- \---- , ,, _ veitl'i_t-1?. -co-- --- , 1 _., , ., _ ______- , .... , c I.,: ., 0 . -1 \ \ a , t.\---------, "--- )1 012) 1 g i.43 At ----:-- _,___-_-,,,,,, .., J. ' ,--- °\ ----4----- \ \ '' II 0 1 ., 9 II- ix 1 iv.___---- 1 r•J ct8ej1 $2 -------i, \ 1,, 7 I -- Ciss---- \ ' , ', .• C _ __ / : t.--- 0 a t • ' 1 =" >'• ( CJ • 1 D < ILI D CC = k------- , . i . .1.7 ------ 1\ _ . 1 1 l<1 • • \ 1 .• . ,• , , .. \ ',. .,. . 1 i 1 1.---- The verbatim of the June 10, 2020 Planning Commission meeting is provided below; however, the Planning Commission will consider the application on August 25, 2020, again due to advertising error. Item # 17 Dawn Wyatt Conditional Use Permit (Short Term Rental) 609 Bayway Road June 10, 2020 RECOMMEND FOR APPROVAL - CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1, 2, 3, 4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31 , 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight, City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10 and 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31 , 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1 , 2, 3, 4, 5, 7, 8, 10, 11 , 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not 1 have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. 2 Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT 3 Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 609 Bayway Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. 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. 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 Planning Department 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 4 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) 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 5 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 6 CO/ .r- 0 4., Li;Is ki if 0 0 d)ce 46.1 0 /4 to ril.:a lir ,<0 \ \ \ N4k4(;, LC)N / ... ) rNli • 0 \ re jtav‘i 'S ' 40: •1.,:: \ At \- * z , fi—", \ e--4 Re fe, 16 ' ' ro , Ne 0 - e Ne • ce / ,. 'N) 0). e 0 0 (s-\\ /# I , N Zir) / /\S\Y\ KC) 117: / cy i_"({{tt �7, --.; F: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW JERUSALEM CHURCH [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 101 Bishop Thoroughgood Avenue (GPIN 2417537514). COUNCIL DISTRICT — BEACH MEETING DATE: August 25, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a three-bedroom single-family home located in the Seatack neighborhood. The 2,719 square foot parcel is zoned R-7.5 Residential District. City records indicate the home was constructed in 2004. The maximum occupancy for permitted guests on-site after 11:00 p.m. for a three bedroom home is nine; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or six total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. • Considerations: This property is located in the Seatack neighborhood which is comprised predominately of single-family dwellings. The submitted parking plan shows the three required off-street parking spaces can be accommodated on site, two located in the driveway and one in a garage. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. New Jerusalem Chuch Page 2 of 3 1 . The following conditions shall only apply to the dwelling unit addressed as 101 Bishop Thoroughgood 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 the 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 Planning Department 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. New Jerusalem Chuch 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 a 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)one (1) 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) 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 Y_K_______, City Manager:0)\Q Applicant & Owner: New Jerusalem Church Agenda Item Public Hearing:August 25, 2020 glik/B City Council Election District: Beach 19 Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff Recommendation l , ...L.....4 wBea`hBoUfeV�d �' Approval -1- L- ���� ' �a«�n. Nbrg,' Staff Planner o a Loretta Antionette Fowlkes Millers Lan link "`nstr�t , . /I[, L,-` 120 Street Location Southern soulevarp-701 — so • o P 101 Bishop Thoroughgood Avenue Jackson Streit / 0 GPIN Jensen Drive y, ry c m 2417537514 a Preserve Drive c Beautiful Street o% /.Gannet Run Site Size A Goose Landing 2,719 square feet •#., Existing Land Use and Zoning District Owls Creek Lane Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings/ R-7.5 Residential South Bishop Thoroughgood Avenue t, Single-family dwellings/ R-7.5 Residential s, <a� East •e,4 *• Longstreet Avenue Single-family dwellings/ R-7.5 Residential • West Single-family dwellings/ R 7.5 Residential `~ t: ilkf ._ y*r J�s4 J` New Jerusalem Church Agenda Item 19 Page 1 Background & Summary of Proposal Site Conditions and History • The approximately 2,719 square foot property is zoned R-7.5 Residential District and located within the Seatack neighborhood. • City records indicate that the single family dwelling was constructed in 2004. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • No records of zoning violations or previous City Council actions were found for this property. Short Term Rentals in the Vicinity ° ,� Millersrte - j Ca e i ,- Atlantis-Drive —1 - -:-; . —so Ai -Boulevard= i N olkve �rr r A 7/Ocean Pebbles f y \-----_______ _,) 4c, '411) ' / (31 t 11 It ilk tit; ` 0 (' "16., JensenDdv� _ 4cj. liC t, �r�- a . i -'9' *!! I nt- ,STATUS 1 % -c - : itit l II Q Approved - , . Den ea ;i C a under RevieN k Dftve /' Regtsterea _� ;1 _-% 1 C Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three-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 bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 New Jerusalem Church Agenda Item 19 Page 2 • Number of parking spaces provided on-site: 3, ( 1 is located within the garage) --,.,.N `. a,�` ` ,�� Zoning History o ,, � � ������/ l ' 43 # Request v;' N, / / • 1 NON ( Expansion of Nonconforming Use)Approved '`� 10/16/2015 1 �y - 0' 2 MOD(Modification of Existing Conditions for Religious Use) 2 r� Approved 11/01/2016 R-7.5 , 3 MOD(Modification of Existing Conditions for Religious Use) aft&i /' Approved 11/01/2016 �r © eQ R-7.5 R-7.5 / .jam #4/.//k Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The applicant is requesting to operate a three-bedroom Short Term Rental (STR).The property is located in the Seatack area of Virginia Beach, which is home to a mixture of residential building types, mostly single-family homes and duplexes. Three off-street parking spaces are required for the proposed three-bedroom Short Term Rental.The applicant is planning to meet this requirement by parking one vehicle in the garage and two in the driveway, as shown on page six of this report. The Zoning Administrator reviewed the parking plan and deemed it acceptable. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant.There is no known opposition to this request. 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 101 Bishop Thoroughgood 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 the 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. New Jerusalem Church Agenda Item 19 Page 3 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 Planning Department 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 a 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) 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. New Jerusalem Church Agenda Item 19 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 May 8, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020 and August 16, 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 August 12, 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 August 21, 2020. New Jerusalem Church Agenda Item 19 Page 5 Site Layout & Parking Plan A/ 4993' E 37.5' '7.. x x x / \\_. 6' Y{000 FENCE _yil 0.6' ON 0.9' ON 18 x Li./ CJ HVA/C � ! a OS 0 2-s�--� �, .� � _ft... tr, # 101 " rn W R ,R C3 1 x ))1 . ''. :45.0' ,1 7 , 5.9 $,. . c"` .1 a•1 D'?C" LL/_ IN New Jerusalem Church Agenda Item 19 Page 6 Site Photos . 3 f: ,�. _ - ...1..f: . • p- :,... Ailikkg, ''Ili, r , ` y44, - _. "_... _-. ',, 1 '-.---F'-''''t'sik..,„ ' Al" r- -- • MN - - _ .. ,,,i ..r -- m , Ira ___ _ ° bE New Jerusalem Church Agenda Item 19 Page 7 Site Photos l's-' ' ,61'- , z.:;,..1...-- , , ..,1.-;..-- ...... - �t T w \ r _ _ _ i a,Y• - 1 LA i New Jerusalem Church Agenda Item 19 Page 8 Disclosure Statement .1kB Viirginia Beach APPLICANT'S NAME 1aE : t- \ 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 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) I Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • ♦ The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. * ,-4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin❑Commission and City Council meetin::that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: 08.12.2020 AF REVISIONS SUBMITTED DATE: New Jerusalem Church Agenda Item 19 Page 9 Disclosure Statement IS3 P,C) Virginia Beach Check here if the APPLIC,fINT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 5g. Check here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:I_\ `.,Aka-1-CktLTt , 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) gorp4mb,4 3DLEg►R.c) JOSeka r ka.0 (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 t and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE St,� omplete Section 2 only if property owner is different from Avv►ican(. 4 Check here if the PROPERTY OWNER IS NQT 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:.L U 2.i3k iU' LiL rl'-l_ .L t ).XCE\ If an LLC,list the member's names: — -- Page 2 of 7 New Jerusalem Church Agenda Item 19 Page 10 Disclosure Statement Virginia Beach If a Corporation,list the names ofall officers,directors, members,trustees, etc.below: (Attach list if necessary) `:x1 At-t 0/-1 1i.I3 t A4-q-1 L-�v`c (B) List the businesses that have a parent-subsidiary I 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 S0 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 Chi) 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 anv business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPI ICAN I ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY — — - --- — _ _ - Page 3 of 7 New Jerusalem Church Agenda Item 19 Page 11 Disclosure Statement 1VB APPUCANT Virginia Beach YES NO SERVICE ( PROVIDER tux additional sheets If /� needed) — I EllAccounting and/or preparer of I your tax return 1 ❑ ® Architect/Landscape Architect/ Land Planner. Contract Purchaser(if other than Ell ® the Applicant)-Identify purchaser and purchaser's servke providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I Construction Contractors El �C�i q 'Engineers/Sltrvayors/Agents •Jt5 `. z Pin lFinancing(Include current .1� � jyy; mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) C0 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 f oes an official or employee of the City d Virginia tpt�t have ® an interest in the subject land or any proposed development zr 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? 101(.0 (..L 'C O4-1 \% R YvN t._) it_ pSS\cr:. 1 A$Cow- h1-i0 coo t s `r\en; ct. a ?LP, NIF-kk) Co 'in\SS%o't; -. ---- -- - Page 4of7 New Jerusalem Church Agenda Item 19 Page 12 Disclosure Statement Virginia Beach ECERTIFICATION: l 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 Applic ion. A LICANT'S SIGNATURE PRINT NAME D TE Page 5 of 7 New Jerusalem Church Agenda Item 19 Page 13 Disclosure Statement 3/10N2020 disclosure statement_Page_6jpg N/13 OWNER vi>�nia>aasah YES NO SERVICE PROVIDER ease sepldeaal sheets If Deeded) ig Accounting and/or preparer of your tax return ❑ 7j Architect/Lampe 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) ❑ ® Construction Contractors s' Engineers/Surveyors/Agents �aMj�5 pYt, ,(t,s]_ 1J..C1 j4 Financing(include current 014-1 t rt f` mortgage holders and lenders y 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 offidal 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? W I ( ,c-- yn - oNEi`.i`£cL Ar{n Redstv. t te•ra' _ dF Di 1R-e• p.?+1 i tr.1(,, C.0 mr"1\SS\Corr Page 6 of 7 https itmail.poonle.00m/maUiul5/Minbox?proiector--1 1/1 New Jerusalem Church Agenda Item 19 Page 14 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. i31PA) diAbO PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 New Jerusalem Church Agenda Item 19 Page 15 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. New Jerusalem Church Agenda Item 19 Page 16 . ._ . IL 1 L L , ,,,, E A '---, , - ' tk -, e ›, , TT.._ , MI w 1 9 •zi . , .62 11111 1111.1 1 1- '11 C N/ 04:, •a ,ii. ,INE „. , it •:s ‹,,,$. .,..\, _6711•11 L.! .--, :,.. .6.7., 1:3 .., _ .. / 0 / \ ) A• 6',/i,. )1 1,,•e' \,.4i / / ip - ----r"I-:---tCC• ' ---.7.°..6•'1 1 „ i 1mr ,,,‘\ ----__ fr-,.... s \ '\ )44riAi zr it- 4- . N.7 ,, r ai.-.. Z Ili , CN )Z, ,At 444 4 i -"II - vir v A ,\ y ,\ ...,..1 di 1..._-__---- 1 \ ; 7L--- r 1 .z I H i 0 1 cu ce o.) [tn. i k >a) 1. ..... cri,a 1 0 a A g N \ • J° ' va -,- 0 CD \— <Ct.: n • 1-. 0 w — 0 , 0 1,-c Items#18. New Jerusalem Church Conditional Use Permit(Short Term Rental) 101 Bishop Thoroughgood Avenue June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4,5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. 1 Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, four and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1 1. The following conditions shall only apply to the dwelling unit addressed as 101 Bishop Thoroughgood 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 the 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 Planning Department 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 4 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 a 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) 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. 5 Iii I OR v3 OR .� OR 0 \\\ OR 4 1 — Ili \ CD \ \ —--------------- \ i■Millill011------ N r4 Site Austin Boyles & Star Boyles w V'.E Property_Polygons V Zoning 1804 Baltic Avenue, Unit E s Parking Lot Drive Aisle arniciFeet 1 1 _ .. .. n r An nn nn An rn nn Sp�nHAB ' • CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: AUSTIN BOYLES & STAR BOYLES [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1804 Baltic Avenue, Unit E (GPIN 2427072276). COUNCIL DISTRICT — BEACH MEETING DATE: August 25, 2020 • Background: This 2,530 square-foot parcel is zoned OR Oceanfront Resort Form-Based Code District (ViBe Creative District). The lot consists of one three-bedroom townhouse dwelling in a row of five; all were constructed in 2019. The minimum number of parking spaces required for this use is one space per bedroom, or three spaces in this instance. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or six total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. During Staff's field visit to inspect and photograph the site it was discovered that the stormwater management facility that was constructed in association with this development was altered. The issue has been resolved and Conditions #4 and 5 below is recommended to emphasize and ensure that the facility is properly maintained into the future. • Considerations: The site is located within the ViBe Creative District, which is home to a myriad of commercial and residential uses with an emphasis on the arts and culture. The immediate surrounding area is a mixture of multi-family dwellings, duplex dwellings, single-family dwellings, and commercial uses. Furthermore, the property is within the resort area and is four blocks from the public beach of the Atlantic Ocean where Short Term Rentals are expected. The applicant's parking plan depicts three required off-street parking spaces, one in the garage and two in the driveway. As the construction plan for the townhouse was submitted to the Development Service Center prior to the adoption of the Short Term Rental regulations, the Zoning Administrator finds it to be acceptable. It has been Staff's position that new construction projects meet on-site parking requirements without reliance of a garage. A condition is recommended that the Austin Boyles & Star Boyles Page 2of4 garage remain available for use by Short Term Rental tenants. In addition, the property is within the boundaries of the Residential Parking Permit Program (RPPP) where on-street parking is limited. Consequently, a standard condition is recommended which limits the number of guest and temporary passes while the Conditional Use Permit is active. Additional details pertaining to the application are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1 . The following conditions shall only apply to the dwelling unit addressed as 1804-E Baltic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. Unless a field change or other form of site plan modification is approved by the Department of Planning and Community Development- Development Services Center Division, the required on-site stormwater management system shall be maintained as shown on the as-built site plan approved by the Planning Department on 07/25/2019 created by John E. Siren and Associates, dated 03/21/2016 (with an as-built date of 05/29/2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction," which is on file with the Department of Planning and Community Development within record numbers 2019-DSC- 00257 and 2019-DDSC-009500 5. Unless a field change or other site plan modification is approved by the Planning Director, all required tree canopy, landscaping, and outdoor amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department, more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and Associated on 01-18-2017, shall remain in place and be maintained in good condition. Austin Boyles & Star Boyles Page 3 of 4 6. 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. 7. 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. 8. 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 multiplied by three (3)two (2)) 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). 9. 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. 10.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. 11.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. 12.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. Austin Boyles & Star Boyles Page 4 of 4 13.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. 14.Accessory structures shall not be used or occupied as Short Term Rental. 15.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. 16.The Short Term Rental shall have no more than two (2)one (1) rental contracts during any consecutive seven (7) day period. 17.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. 18.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19.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) two (2) individuals per bedroom. 20.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 Minutes of Planning Commission Hearing Letter(s) of Support/Opposition Proffer Agreement STR Vicinity Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department�� lr �,� City Manager: NB Applicants& Property Owners: Austin Boyles & Star Boyles Agenda Item Public Hearing: August 25, 2020 City Council Election District: Beach 20 Virginia Beach Request Conditional Use Permit (Short Term Rental) lh Street . \ 26 5th Street Staff Recommendation or mow see 2,,hstr Approval _- Street a ;Halt St,ee :, 29 rd St ¢i -4�.---- 23 �,no Street \\ Staff Planner 22 d street w+5`roe` William Miller 264 ; i. Location 264 � �� 1804 Baltic Avenue, Unit E .41101°1 ° e�s ramil ..t ` GPIN j 1 —\W..\ 2427072276 16`� so,• th scree,o Site Size 2,530 square feet 15 et v, y v t tom Ste Y -� ° < V t,th Street ➢ ,Ao Street Street tdr`e0,. hStreet Existing Land Use and Zoning District 12m seas°o Way a '0` Townhome/OR Oceanfront Resort (Vibe District) Surrounding Land Uses and Zoning Districts North t-r t .'k ' -1 r Single-family dwelling/OR Oceanfront Resort ` ` 1" .s t (Vibe District) % t i `` South `+.� # t t• Townhomes/OR Oceanfront Resort (Vibe � � L , m District) t a ~ East , --- ` _01 Wit- Baltic Avenue - � ► .�- , ,1, `' - . °a Commercial (Funeral Home)/OR Oceanfront ~ � � .'- Resort (Vibe District) West i r,s , „*. a s 60, reet Commercial (Craft Brewery)/OR Oceanfront Resort (Vibe District) ° "` --, _ r Austin Boyles & Star Boyles Agenda Item 20 Page 1 Background & Summary of Proposal Site Conditions and History • The site is a 2,530 square foot parcel is located within the OR Oceanfront Resort Form Based Code District(Vibe District) • A total of one townhome is located on this lot; there are five townhomes on this row. • According to City records,this dwelling was constructed in 2019. • No previous zoning violations relating to Short Term Rental use were found associated with this address. • The Department of Planning and Community Development approved the stormwater management plan associated with this site.The approved stormwater management system,which continuously runs north/south and is located under the western portion of all driveways associated with this development,was previously altered without city approval.The alteration involved the placement of unapproved compacted gravel over the stormwater management system. Fortunately, most of this issue was resolved previously during the Short Term Rental Conditional Use Permit process undertaken by neighboring unit owners.As a result, only a small area located at the systems northern reach was still covered by unapproved gravel.This area is located on the lot associated with this Conditional Use Permit request.On March 3, 2020,the applicant was advised to contact a Development Services Center(DSC) Staff Engineer for guidance relating to corrective measures. On March 10, 2020 the applicant spoke with the appropriate DSC Engineer and was approved to use an alternative material type. In this instance,the DSC engineer approved the use of a mulch bed over the stormwater management area in question. On April 22, 2020 the applicant provided photographs to Staff verifying the issue was resolved.To ensure the stormwater management system is properly maintained in the future, condition#4 is recommended. • 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 issuance of guest and temporary RPPP passes. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. Austin Boyles&Star Boyles Agenda Item 20 Page 2 Short Term Rentals in the Vicinity to$VD.' tee oil \ ___A-- \ --- ,____---- \„, . ..it ,,,,„„_,_-„,, ,_\ ._ __ , t ,\.1_1p-tse %____-\\ Sil Se"--...1 ___ _,_ v ....k , n n _� J _� -- „ t ' 1- ot'Hasa, } A U .ast��1 h t� ttN� �� ' f � � �' `'— ``' fif1\,_wit- 1 r c ' 1 _ram , STATUS t �lSt�6 t5" `1' 5( ® Approved \ �1__ i� �r---`5��'� t ' • Denied ,��i� v \ `\ LS",, Under Review ++**,f• --.0 •t `- ,. taat ---i _,,,.,__ 0 Registered /N•t;r ' Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three 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 bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 (2 in the driveway and 1 in the garage) Austin Boyles & Star Boyles Agenda Item 20 Page 3 may- , Q Zoning History # Request n', \` 1 CUP(Craft Brewery and Open-Air Market)Approved p OR 11/07/17 0Y/j; 2 STR(Short Term Rental)Approved 02/04/2020 3 STR(Short Term Rental)Approved 02/04/2020 A 41 4 STR(Short Term Rental)Approved 02/18/2020 5 STR(Short Term Rental) Pending CC hearing '' 6 STR(Short Term Rental) Pending CC hearing 7 NON (Expand roof of nonconforming duplex)Approved OR 04/28/1992 7 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 within the ViBe Creative District,which is home to a myriad of commercial and residential uses with an emphasis on arts and culture.The surrounding area is a mixture of multi-family dwellings, duplex dwellings, single- family dwellings, and commercial uses. Furthermore,the property is within the resort area of the city and sits four blocks from the public beach of the Atlantic Ocean.The applicant's parking plan depicts three required off-street parking spaces; one in the garage and the others in the driveway.As permitted by Section 241.2 of the City Zoning Ordinance, the Zoning Administrator reviewed the Parking Plan and deemed it acceptable; however, a condition is recommended that assures the garage will remain available for the Short Term Rental occupants.Together with the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals, another condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest and temporary passes through the program 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 1804-E Baltic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. Austin Boyles&Star Boyles Agenda Item 20 Page 4 4. Unless a field change or other form of site plan modification is approved by the Department of Planning and Community Development- Development Services Center Division,the required on-site stormwater management system shall be maintained as shown on the as-built site plan approved by the Planning Department on 07/25/2019 created by John E. Siren and Associates,dated 03/21/2016(with an as-built date of 05/29/2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction," which is on file with the Department of Planning and Community Development within record numbers 2019-DSC-00257 and 2019-DDSC-009500 5. Unless a field change or other site plan modification is approved by the Planning Director, all required tree canopy, landscaping,and outdoor amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department, more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and Associated on 01-18-2017, shall remain in place and be maintained in good condition. 6. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only.Guest and temporary passes through the RPPP shall not be permitted. 7. 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. 8. 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 multiplied by 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). 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. Austin Boyles&Star Boyles Agenda Item 20 Page 5 14. Accessory structures shall not be used or occupied as Short Term Rental. 15. 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. 16. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 17. 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. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. 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. 20. 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 May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 2020. Austin Boyles&Star Boyles Agenda Item 20 Page 6 • 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 August 21, 2020. Austin Boyles&Star Boyles Agenda Item 20 Page 7 Site Layout & Parking Plan 1804-E Baltic Avenue / 3-Bedrooms 20' ALLEY -EASEMENT PER DRAINAGE DRMNAGE �] (20' ALLEY PER PLAT) STRUCTURE L �� - `;\ rkS, `Sl • 5 , - 23.92' 18 00 f 18.00/ _ 18.00I46( 18.00/ X 23.h0' ��� ,_ 1 Y .a G RAINAGL 'Yr t 1 _-.II 11 1 STRUCTURE q. Ft. ' 3 ACt' 3 >` �l fr 1 f n;l i -- 1 Esd LU a N 2 I 20 3 1 n fq n i n ,,G- - r- , v 1 n �o ) I i t g P ,g b a 1 0 3 , 'T ORY o .& LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 0 FRAME ,. m BUILDING I �,ti R ;a1804E ' z a b - sir 4.9' , 'Z- it bbi DRAINAGE = — — •4 _ __-1 STRUCTURE ---• -A - v r a4_a zr - 0 moo' Q 18.00/ 40 moo' moo'I 23 00' . ___ I J 1 ' r ,4' PRIVATE DRAINAGE DRAINAGE- I EASEMENT PER PLAT STRUCTURE BAL 11C AVENUE (60' RIGHT OF WAY PER PLAT) ............. Concrete and 9' x 18' parking space {a 9' x 18' parking space I... brick driveway in the driveway in the garage Austin Boyles& Star Boyles Agenda Item 20 Page 8 Site Photos jirri ` , : i h : _ _. e .,a ( _Lug � ±wNI�I II °: 1��,i I i s« nNIlY CI E. r ,I1I . I1/* 8111 H I --- . , . It is `--- 1r .Y+ r:iL 1 i / .,` Austin Boyles & Star Boyles Agenda Item 20 Page 9 Site Photos I ; - ■ Iti II . hi - �.. ".� ..z ■_ ■ . it --, --- �. - .M« °{ -,...,�4r \_ ti ;j ---"'""""'""."-----"-s..."""4".""m"""...."""rimilom • i , - >f '. - r 1 - =' • ,..,„*.-'.le-4,,„ 'p...'',''''..-.-,;_ -" ire4 . ems► I 1- 1--7'- 1 i---. __\ -‘, \___-_i__ \•__1_:\----A \___ f e ge s r I-....r4..,-..iii' ,i?....,:,,,,'''':' ,V.',"'-' -- -— ----t,..._____\. -\ - \ Ste, Approximate area of unapproved compacted gravel, which covers the end/beginning of the underground stormwater management system. The system runs north/south under and between the paver portions of all the driveways in this development. Issue Austin Boyles& Star Boyles addressed by the applicant—see new photographs on page 10 of this report Agenda Item 20 Page 10 Site Photos ■ re 971 t. .1 .1 r a i----alt 1111. r . '.4)14. `y'" i71++ v.r J - , , „.F r 4\ de i! , f ,r' , '/ / //` ./ /-11/- / f ., �/ 7/--- ...."c‘ fr'S\--7- \ N 4 Stormwater Management System restored with DSC approved material on April 22, 2020 Austin Boyles&Star Boyles Agenda Item 20 Page 11 Site Photos • ,I a ow i 1 a l _'xy- _ I. .f -.. I , , 1804Eri. , ____ Et 1 ,. ,.. inip l 1 III II Austin Boyles & Star Boyles Agenda Item 20 Page 12 Street View - 1I F1 I � i -4, ' j . Ill { hil_''. } i1I -- P ' r4NI ., ... . . L ,. ,., 1 . I!! . 1 1 f,it I, ,.. , .0 '' , •I ... 1 i ,v i V klitl �. . ; :_ ti a 4s ` - `.sue, t 4i '- - a` i Street photograph captured by Staff on March 6, 2020 Austin Boyles & Star Boyles Agenda Item 20 Page 13 Disclosure Statement Virginia Beach APPLICANT'S NAME SVCS641 FS 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 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/AR disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meetino that pertains to the application(s). ® APPLICANT NOTIFIED OF HEARING 1 DATE. June 11,2020 -WM ® NO CHANGES AS OF DATE: June 12,2020J-WM and August 12,2020-WM r REVISIONS SUBMITTED DATE Willt;asvvlv1LllerJune 12,2020 WGIiizt.ntiMLUex -August 12,2020 Austin Boyles & Star Boyles Agenda Item 20 Page 14 Disclosure Statement 'NB Virginia Reach Vx Check 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: 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. 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 Austin Boyles&Star Boyles Agenda Item 20 Page 15 Disclosure Statement 'NB Viixinia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aoolication 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 Austin Boyles & Star Boyles Agenda Item 20 Page 16 Disclosure Statement lB APPLICANT/Ow) VlrginiaBeach YES NO 1 SERVICE PROVIDER(use additional sheets If needed) n 1 Accounting and/or preparer of Self(Bier Bayles,CPA) - your tax return El ® Architect/Landscape Architect/ I land Planner Contract Purchaser Of other than ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (Identify purchasers)and purchaser's service providers) Cottstracdoe Contractors Engineers/Surveyors/Agents AtptyITCC Financing(include current ® mortgage holders and lenders i WE/'.5 Ritmo selected or being considered to MokTGAGE 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 orooerty SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beech 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 Austin Boyles & Star Boyles Agenda Item 20 Page 17 Disclosure Statement NE3 Virginia Reach 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 1 Applicati9{ti. ,...) 1 v . ) .1- _ 2400 APPUCAN 'S SIGNATURE PRINT NAME D 1E - R APPLICANT AND OWNER Page 5 of 7 Austin Boyles&Star Boyles Agenda Item 20 Page 18 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Austin Boyles&Star Boyles Agenda Item 20 Page 19 --- 11), \-- ' LU - ___---------2-------- \ \ -V. _At ,._. \ .. \ ___----i;-.------ I� p tC �: ��� t � rb5,r-�-mac,' w ,\_ \ e..\_____\. ., _, _ 4, - �-� - __ fit; '9. "�� t, l' ''''' :El oo - )l .4) �1ey_ r� , -- tA-1-\ , O C &— r \- 5 '"} ' a: c f! I A.. . , ,..e. 4),. ., .... .--7____ \ k i v \.• •--,, , ,, \ V (n ���y r , "ti IYl f u,J _ 4•-- �. r t = s. :` ;ti ,, 1"--`CC >' a •�-- J fi t' r 1 ram : \ :Cr _.\. cc tit ' `4a r. t , �„� t •1 (� _' ` �'\ \--' C (ter �, �, 5 r t (, \ L.d'S7 : \ z kii ' _ r t o• v .a Q �\\ \ �.� ' � 'r"� 1 N 0 . 0 0 ti The verbatim of the June 10,2020 Planning Commission meeting is provided below; however,the Planning Commission will consider the application on August 25,2020,again due to advertising error. Items#19. Austin Boyles&Star Boyles Conditional Use Permit(Short Term Rental) 1804 Baltic Avenue, Unit E June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2,3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Town Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. 1 Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that it was item one that presents the Town Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I move approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By a recorded vote of eight, for and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda your request will now be scheduled for an upcoming City Council Meeting. Staff will contact you about that date. Feel free to exit meeting if you like. Thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 3 1. The following conditions shall only apply to the dwelling unit addressed as 1804-E Baltic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. Unless a field change or other form of site plan modification is approved by the Department of Planning and Community Development - Development Services Center Division, the required on-site stormwater management system shall be maintained as shown on the as-built site plan approved by the Planning Department on 07/25/2019 created by John E. Siren and Associates, dated 03/21/2016 (with an as-built date of 05/29/2019), and tiled, "Site Plan of Lot 10-A, Resubdivision of Lot 9, 10 and Lot 11, Block B, Plat of Property of Virginia Beach Park Corp for K&B Construction," which is on file with the Department of Planning and Community Development within record numbers 2019-DSC- 00257 and 2019-DSC-009500 5. Unless a field change or other site plan modification is approved by the Planning Director, all required tree canopy, landscaping, and outdoor amenity space improvements as shown on sheet 6 of the site plan approved by the Development Services Center Division of the Planning and Community Development Department, more specifically titled, "Landscape Plan," created by Pauline Hundley of Four Seasons Nursery for John E. Sirine and Associated on 01-18-2017, shall remain in place and be maintained in good condition. 6. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest and temporary passes through the RPPP shall not be permitted. 7. 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 4 conditions or violations of any building, housing, zoning, fire or other similar codes. 8. 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 multiplied by three two) 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). 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 5 14. Accessory structures shall not be used or occupied as Short Term Rental. 15. 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. 16. The Short Term Rental shall have no more than two (2) one (1) rental contracts during any consecutive seven (7) day period. 17. 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. 18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 19. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be h two (2) individuals per bedroom. 20. 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. 6 RT3 / ata ____ ,.___ --- ---� R �e3 � ___, e j, ,,_. AS 'V \ a ; , oRT-3i RAT=3/// 441 R-T=3 4 .4, /,,,, " , ,, RT-3 \ \ ) \ ,1%, Nr A- ,36* oiit /. I?oa N R-7.5\ q \ ,,, tir" , N vm Site • McLeskey & Associates w �1 ;,'' Property_Polygons 409 Southside Road s Zoning Parking Lot Drive Aisle MCCIINcmci Feet i I _ 0 1530 60 90 120 150 180 ( `1 Ait .E N fsi 4 4- l: J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCLESKEY & ASSOCIATES [Applicant] FWM RESIDENTIAL RENTAL PROPERTIES, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 409 Southside Road, GPIN (24272163370000). COUNCIL DISTRICT — BEACH MEETING DATE: August 25, 2020 • Background: The applicant is requesting a Conditional Use Permit for Short Term Rental in a single-family dwelling situated on a 14,409 square foot site within the RT-3 Resort Tourist District. City records show this three-bedroom home as constructed in 1964. The maximum occupancy for guests on-site after 11:00 p.m. for a three- bedroom Short Term Rental is nine; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or six total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. Three off-street parking spaces are required and provided, all within the existing driveway. • Considerations: The subject site is in the northern portion of the Rudee Heights subdivision. The area is predominately single-family dwellings, but a multi-family condominium development exists at the base of the Rudee Inlet Bridge. This parcel is adjacent to those condos and is within biking and walking distance to the southern end of the resort area. While reviewing the application, Staff discovered that two feet of adjacent Lot 18 appears to have been created without the benefit of a plat. As a result, Condition #3 is recommended that requires the applicant to provide proof of legal lot recordation or submit the appropriate subdivision plat to the Development Services Center for review. The applicant's parking plan depicts three required off-street parking spaces all within the driveway. In addition, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application are provided in the attached Staff report. There is no known opposition to this request. McLeskey & Associates Page 2 of 4 • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1. The following conditions shall only apply to the dwelling unit addressed as 409 Southside Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. A copy of the deed of origin or the subdivision plat of origin showing the legal division of 2-feet of the western portion of lot 18 shall be submitted for review to the Development Services Center Division of the Department of Planning and Community Development within 30 days of any favorable City Council vote relating to this request. If it is found that 2 feet of the western portion of lot 18 was subdivided in violation of applicable laws at the time of its creation, then a subdivision plat must be submitted for review and recordation. In this instance, the proposed subdivision plat must be submitted to the Development Services Center Division of the Department of Planning and Community Development within 90-days of any favorable City Council vote relating to this request. 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 multiplied by three two (2)) 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. McLeskey & Associates Page 3 of 4 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) one (1) 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)two (2) 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. McLeskey & Associates Page 4 of 4 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing STR Vicinity Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department tl /c City Manager:012 Applicant: Mcleskey & Associates Agenda Item Property Owner: FWM Residential Rental Properties, LLC /' Public Hearing:August 25, 2020 21 City Council Election District: Beach Virginia Beach Request Conditional Use Permit (Short Term Rental) Norfolk Avenue. - ' 1 9th street I G Staff Recommendation s�st Went gthetteet Approval Metyland Pv °e Avenue m pelawa,e AvQ°ue m 2 ��g""a na Ay en Pyenue ci Staff Planner Hs9h QO'M Avenue William Miller �'e' Avenue �� 11 .,1, �,... Avenue . ', ,_ Location G,eeoar- °tOpven�e 409 Southside Road y Ayeoo K c o , o 0 8 GPIN r°` m ,° 2427216337 /1 e/rye¢ Site Size ° ' - 4 (44t\ 14,409 square feet ( F ,,o,,, -\-- Existing Land Use and Zoning District Single-family dwelling/ RT-3 Resort Tourist Surrounding Land Uses and Zoning Districts North i, Old Rudee Boulevard ,,,,—.-..- Vacant land and General Booth Blvd./ RT-3 p, , :, t t Resort Tourist '` 5 :. South r t. , 1,,,'+k-3. Southside Road i ,, ' ,Aida! '� ". ‘e.+' Marina and parking lot/ RT-3 Resort Tourist ��. , ` a.� East . " ),' 1,Sri l'..•,� Vacant land / RT-3 Resort Tourist �_ .,._,1 �" West 4 Multi-family dwellings/A-36 Apartment / Q°� _ ; t �t x ,, Zm� �0, A; R q. 4.s • t 4ttRO r ` 4 J r pA a McLeskey&Associates Agenda Item 21 Page 1 Background & Summary of Proposal Site Conditions and History • This property is located within the RT-3 Resort Tourist District and is composed of multiple lots which, when combined, is approximately 14,409 square feet in area. • The site contains one single-family dwelling. • According to City records,the subject dwelling was constructed in 1964. • On February 28, 2020, an erosion and sediment control plan was submitted on behalf of the property owner to the Development Services Center division of the Department of Planning and Community Development.The property in the submitted plan is described as 5.83 acres of land situated at the northern end of the Rudee Heights neighborhood.The area within the proposal includes 409 Southside Road,which is the address of this Short Term Rental request.The project narrative accompanied with the submitted erosion and sediment control plans state, "the redevelopment shall demolish the existing commercial and residential buildings, roads and parking lots for a new community development consisting of a hotel, residential apartments, restaurant and marina." No other known submittals relating to this project have been received by City Staff at the time of this writing. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day,therefore overflow parking beyond the minimum on-site spaces required, could occur within the public street. Short Term Rentals in the Vicinity I * /Are \---A i 110 lilt Ville It* 4111110114II. 47 'A i 7 CtVIP4* f !soJ ' STATUS I =yJ • Approved - t•�'. • Denied a -+ O Under Review 1, ,� / -440,00 tom+ /.4) C) Registered --W McLeskey&Associates Agenda Item 21 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three 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 bedroom): 9 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 OR 4 y / % Zoning History \\ \ # Request 1 CUP(Recreation Facility-Fishing Center)Approved , `.3 I, Appo • 05/12/1975 e� as"' CUP(Recreation Facility-Fishing Center)Approved \ � 01/28/1980 R fir CUP(Recreation Facility Fishing Center)Approved 03/14/1983 _do R7a CUP(Marina—Boat Slips)Approved 04/09/1991 a, R`°4.,, CUP(Marina—Additional Boat Slips)Approved 07/01/1997 Rae • 2 REZ(From Rt-3 to A-36)Approved 09/14/1999 0 � R-7.5 -•i5 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The subject site lies within the Rudee Heights subdivision, which is primarily home to single-family dwellings; however, this particular property is somewhat unique, whereas it's the only single-family dwelling located within the northern reach of the neighborhood and is flanked by a multi-family condominium development to its west and a marina to its east. Moreover,this parcel is approximately 400-feet from the nearest single-family dwelling and is within easy biking and walking distance to the southern end of the resort area. While processing this Short Term Rental request, Staff discovered that 2-feet of the western portion of lot 18 appears to have been created inappropriately.As a result, a condition is recommended that requires the applicant provide proof of the lots legal recordation or submit the appropriate subdivision plat to the Development Services Center Division of the Planning Department for review.The applicant's parking plan depicts three required off-street parking spaces; all within the driveway.As permitted by Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable. Furthermore,the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. McLeskey&Associates Agenda Item 21 Page 3 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 409 Southside Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. A copy of the deed of origin or the subdivision plat of origin showing the legal division of 2-feet of the western portion of lot 18 shall be submitted for review to the Development Services Center Division of the Department of Planning and Community Development within 30-days of City Council approval. If it is found that 2-feet of the western portion of lot 18 was subdivided in violation of applicable laws at the time of its creation,then a subdivision plat must be submitted for review and recordation. In this instance,the proposed subdivision plat must be submitted to the Development Services Center Division of the Department of Planning and Community Development within 90-days of any favorable City Council vote relating to this request. 4. 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. 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 multiplied by 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. McLeskey&Associates Agenda Item 21 Page 4 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. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 2020. McLeskey&Associates Agenda Item 21 Page 5 • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 12, 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 August 21, 2020. McLeskey&Associates Agenda Item 21 Page 6 Site Layout & Parking Plan OLD RUDEE BL VD 70 R/W 102.00' - T1 .. r ... ..., 1 . k„.-4: \\, 1 . , „ 1:--- ------, , 1 16 l 17 C 1-* 2 - N I N of I o� Li f 10.2' i • A LI • 24.6' b 6.1'� o6 Concrete driveway h F a 1-5T-8R WI WI yi 111" 9' x 18' parking space 15.1' �jjj� 12.8'A , . �P-12.9' \.....( .......\ 19.9' I f I ' . 106 '1 HSI 5OU 5o R/W 409 Southside Road / 3-bedrooms McLeskey & Associates Agenda Item 21 Page 7 Site Photos • -1 '0 ' .- • . . ,• i. — t.. r ,t, . . •, ,IL:. x ... . ,. _ •,r. i.- . - . . . . - . .,s. , •-,-,., :2.. • • , , . ,, • ' A. , • ,-. • . ' •' ''. ' '' . ' - '''S'• ' •")!..*,7-.;), • --',411."4/(- j.... -f.- • ' ', 71A •' •.-,... " ):IP. •-•#‘ . ..•t4is-x- . - •. ,,. ..,„ . •.4..,;, r ,e,- .., , . r..., , •. • ,-..• . . .: • ,,• . viLilFP- -- /-11k 'ritAbrik- , ail III li-,•1 -. ..$ 'i t i•i; - 7 m t — i .,, . . . . ,,1-1-irtm...Ll',.. • . • -- 4, ...1.--."'".. ---' -F--, ` .4 --,... 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"- 1 , - 1. , L._, ' -- 1 . --w$•: - ---=----- _.. - .... . -- .. ._. ..„....., , , • ---."-- _ • . . . . . „41111111.1110 ... McLeskey& Associates Agenda Item 21 Page 8 Street Views ANINO • tib , �6 fig aft Street view photographs were captured by Staff on March 6, 2020 McLeskey&Associates Agenda Item 21 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAMEMcLeskeys&Associates 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 indude, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce•tion for (EDI P) Board of Zoning Encroachment Request Rezoning s — - 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 t2)weeks prior to any Page 1 of 7 Plannin Commission and City Council meetin.that:.ertains to the a,;Ilcation s)- rim APPLICANT NOTIFIED OF HEARING DATE June 11,2020 -W M ® NO CHANGES AS OF DATE: June 11,2020 -Wm&August 12,2020-W M (, REVISIONS SUBMITTED DATE 14.422,1,awt'Malev - June 11, 2020 WUU,ia4N MLiler -August 12, 2020 McLeskey& Associates Agenda Item 21 Page 10 Disclosure Statement Virginia Beach - Check here if the APPLICANT IS NOT a corporation, partnership, firm, - business,or other unincorporated organization. lnl Check here if the APPLICANT.IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:McLeskey&Associates 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) Cheryl P.McLeskey,Wiliam A.Wilcox (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See Attached See next page for information pertaining to footnotes' and 2 ♦----- SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is_dlfferent from Applicant. n Check here if the PROPERTY OWNER IS NOTa corporation, partnership,firm, business,or other unincorporated organization. L� 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:FMW Residential Rentals,LLC If an LLC, list the member's names:Cheryl P.McLeskey,William A.Wlcox __--_----_- Page 2 of 7 McLeskey &Associates Agenda Item 21 Page 11 Disclosure Statement 1VB 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) See Attached 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(1)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 busine£s operating or to be operated Qn 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 Mcleskey& Associates Agenda Item 21 Page 12 Disclosure Statement APPLICANT Beach YES NO SERVICE J PROVIDER oho admdanashow ® l i Accounting and/or preparer of your tax return nArchitect/larrdscapa Architect/Land Planner ❑ Contract Purchaser Of other than® the Applicant)-identify purchaser and purchasers service providers My other pending or proposed purchaser of the subject property ❑ ® (Identify purchaser(s)and purchaser's service providers) ►�� construction Contractors X ❑ Engineers/Surveyors/Agents ex land ihrivei'01i Financing(include current n ® mortgage or holders conside and lenders sele being red to provide financing for acquisition orrcco�nstruction of the property) 1fg 1[raga)Swkes 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 offidal 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 McLeskey &Associates Agenda Item 21 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: f 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 I; 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. Ammo.. — iii APPLICANT'S SI PRI NAME t ATE 7 • Page 5 of 7 McLeskey &Associates Agenda Item 21 Page 14 Disclosure Statement OWNER Virginia);each YES NO SERVICE PROVIDER(ureaddhlanal sheets If needed) 1-1 Accountingand/or preparer of Goodman Hughes,Dixon your tax return LJ Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(!other than the Anolicant)-identify purchaser and purchaser's service providers Any other pending or proposed I-1 Ipl purchaser of the subject property I �/�I (Identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors Z ❑ Engineers/Surveyors/Agents Fox Land Summon Financing(include current ❑ Z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) lI ® Legal Services Real Estate Brokers/ ® Agents/Realtors for current and anticipated future sales of the subject 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 fI X contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 McLeskey& Associates Agenda Item 21 Page 15 Disclosure Statement NB Virginia Beach CERTIFICATION; l I certify that all of the information contained in this Disclosure Statement Form is i complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information I provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this TIlcation. _ i 1(1 42 LO/- 0 Q...04 _ CAE R t_T 1-t LESKt` S 5 e3t0 PROPERTY OWNER'S SIGNATURE .. 3- PRINT RU E I Page 7 of 7 McLeskey&Associates Agenda Item 21 Page 16 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. McLeskey&Associates Agenda Item 21 Page 17 STR VICI = ITY MAP MCLESKEY & ASSOCIATES — 409 SOUTHSIDE ROAD %0-1_ \ `ice �~_-__4'o� 1,- , iTZ` E6' � ' t !-.. At . . '-Nt \Ott � g` t- Z-Jri ,.. tt --\,.-!° \ 0111P)._ :- \ ALA . , -tt . 4 (---- ...J Tic Siri re 11 _ It i IOW \ ‘‘ ..1. _ !ell . it , LI \ \ 1 -Ill 4\ - PP' L> A ex., iggit ': 1(\ j\ \. ' y AA I 0:, :>$2k' AkVilrA **4 ' 1 AI . 1 ** '-* - SAi 4 al A ,Ilit \ **. ' 4"thA 4 ISO / 41t40,•(,0. ...0ANTOPA‘,. , , ' --,,f 4F . (.g101V# .,; ; i 4 fat rig 10 STATUS r 3°r� 1 \1�\WAteVkA16. &Wit..% `41P% ill IV I T •• Approved it .•-� • Denied '.41., . �/ lc.;•� -00 Q :::;' AT 7 ,41 ilk �... I. ti�V The verbatim of the June 10,2020 Planning Commission meeting is provided below; however,the Planning Commission will consider the application on August 25,2020,again due to advertising error. Items#20. McLeskey&Associates[Applicant] FWM Residential Rental Properties, LLC[Owner] Conditional Use Permit(Short Term Rental) 409 Southside Road June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function and I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. 1 Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I move to approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. 2 Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: B recorded vote of eight, for and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting. Staff will contact you about that date. Feel free to exit meeting if you like. Thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 409 Southside Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. A copy of the deed of origin or the subdivision plat of origin showing the legal division of 2-feet of the western portion of lot 18 shall be submitted for review to the Development Services Center Division of the Department of Planning and Community Development within 30-days of City Council approval. If it is found that 2-feet of the western portion of lot 18 was subdivided in violation of applicable laws at the time of its creation, then a subdivision plat must be submitted for review and recordation. In this instance, the proposed subdivision plat must be submitted to the Development Services Center Division of the Department of Planning and Community Development within 90-days of any favorable City Council vote relating to this request. 4. 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. 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 multiplied by 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. 4 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. 5 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. 6 / / 'N / —3,6/ >' R 7.5 / ./iIiD. - --7'''- 4aee „, /// lt Ro 4°Ibv/ RT-3 r a�, .ate o •Z m I o o * .R q!:5/ ce / i / .-0 0 0, 1:7 R-7/.5 .. I _R 7.5 / 0 N r ASite w E Property_Polygons McLeskey & Associates .`1y. 441 Southside Road S Zoning Parking Lot Drive Aisle m Feet 1 1 — -, ,•_ _ n 1n 7n an Rn Rn inn 19n 4 .1.) 4 "., CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: MCLESKEY & ASSOCIATES [Applicant] FWM RESIDENTIAL RENTAL PROPERTIES, LLC. [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 441 Southside Road (GPIN 24272140010000). COUNCIL DISTRICT — BEACH MEETING DATE: August 25, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate a Short Term Rental in a three bedroom single-family dwelling located in the Rudee Heights neighborhood. The 6,037 square foot lot is zoned R-7.5 Residential District. City records note the home was constructed in 1988. The maximum occupancy for guests permitted on-site after 11:00 p.m. for this three-bedroom Short Term Rental is nine; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or six total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. The minimum number of parking spaces required for this use is one per bedroom, or three spaces in this instance. • Considerations: This site is within the Rudee Heights subdivision, which predominately contains single-family dwellings; however, a multi-family condominium development and a marina are located just north of the subject property. In addition, this parcel sits roughly 1,200 feet from the public beaches of the Atlantic Ocean and is within easy biking and walking distance to the southern end of the resort area. The submitted parking plan shows all three required parking spaces are accommodated on site, two in the driveway in front of the home and one in a carport. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application are provided in the attached Staff report. A Letter of opposition was received about the request on 08-12-2020. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. McLeskey & Associates Page 2 of 4 As noted above, the conditions below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1 . The following conditions shall only apply to the dwelling unit addressed as 441 Southside Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The covered parking space located under the main floor of the dwelling must remain a minimum of 9-feet by 18-feet, contain a minimum 9-foot wide vehicle entryway space, 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 multiplied by three two (2)) 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 McLeskey & Associates 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)one (1) 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 ($1,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) two (2) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support/Opposition STR Vicinity Map McLeskey & Associates Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department� L�`"/( City Manager: (AV lik/BApplicant: McLeskey & Associates Agenda Item Property Owner: FWM Residential Rental Properties, LLC. Public Hearing: August 25, 2020 22 City Council Election District: Beach Virginia Beach Request Conditional Use Permit (Short Term Rental) dan Staff Recommendation 000,3 e" ,,, eie ➢ a - e -.V. ' ‘ Approval TsNat" A.,enue • __.%GW40Q'^'tee,ecraceP.4 e y`, gear Staff Plannerstee< \ William Miller �{----- % 0"e \ ,, Location Ken °Y a 441 Southside Road Q m %! \ \ \- GPIN % z¢ 2427214001 4° eo a. 4 a Site Size e t 6,037 square feet c+aq c e g. f. I y , ' :)0\0$##V‘Ve \1 \ Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts North Vacant lot/ R-7.5 Residential v � South Single-family dwellings/ R-7.5 Residential ,_ ''' East �`� aPe y S t Single-family dwellings/ R-7.5 Residential o, `R . West ° Southside Road 4 �`' Single-family dwellings/ R-7.5 Residential ! p* a A y ,ky McLeskey & Associates Agenda Item 22 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 6,037 square feet and is located within the R-7.5 Residential District. • The parcel contains one single-family dwelling. • According to City records, the subject dwelling was constructed in 1988. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Staff inspected the site on March 6, 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. Short Term Rentals in the Vicinity ' , 11.1V-1.1 ‘ \` q ,x, _ lab ) sl \1•11% i -iiii WIt *,i, 2,5,1:Iwo* f � o1 ii mikdA kVirA '.44 ' A ,...., �- ., 0 ti 1r ihr�1 s: 4-4.i - . I 41 al - _ e .= iblkt * • •14:6171ip,/ A\00 s r STATUS 9$1104 '� 'OS*• Approved ��-��/ alli ��j�J • Denied ',�7"�' �' �- woo Q under Review , �� l� Q Registered ` \ w� \ Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a three 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 bedroom):9 McLeskey&Associates Agenda Item 22 Page 2 • Number of parking spaces required (1 space per bedroom required): 3 • Number of parking spaces provided on-site: 3 (1 in the carport and two in the driveway) Rl3 % RT,3 .44 �Z A.366' �,.r \ Zoning History le a.a ••� 64. \N y \ # Request of %N."" RT.3 s 1 REZ(From Rt-3 to A-36)Approved 09/14/1999 y. 2 CUP(Recreation Facility-Fishing Center)Approved A 05/12/1975 CUP(Recreation FacilityFishingCenter)Approved 4 01/28/1980 z\' CUP(Recreation Facility-Fishing Center)Approved f) � a 5,7( 03/14/1983 �`� CUP(Marina—Boat Slips)Approved 04/09/1991 ' CUP(Marina—Additional Boat Slips)Approved 07/01/1997 zs 47,11 \ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This site is within the Rudee Heights subdivision,which is primarily home to single-family dwellings; however, a multi- family condominium development and a marina are located just north of the subject property. In addition,this parcel sits roughly 1,200 feet from the public beach of the Atlantic Ocean and is within easy biking and walking distance to the southern end of the resort area.The applicant's parking plan depicts three required off-street parking spaces;one covered space in the carport area under the main floor of the home and two within the remaining portion of the driveway.As permitted by Section 241.2(1) of the City Zoning Ordinance,the Zoning Administrator reviewed the parking plan and deemed it acceptable; however, a condition is recommended that assures the covered parking space will always be available for the Short Term Rental occupants. Furthermore,the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 441 Southside Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. McLeskey&Associates Agenda Item 22 Page 3 3. The covered parking space located under the main floor of the dwelling must remain a minimum of 9-feet by 18- feet,contain a minimum 9-foot wide vehicle entryway space, 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 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. 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 multiplied by 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. McLeskey&Associates Agenda Item 22 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 • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 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 August 21, 2020. McLeskey&Associates Agenda Item 22 Page 5 Site Layout & Parking Plan g•48 E {C) 50.80� 2 ' - 1 Uncovered portion of the x driveway _ \ 21 ,� • i Covered portion of the 7•0' '110410, I driveway. This part of the driveway is located under the 0 , LOWER main floor of the home, which `�~ 41• ENCLOSURE is built on a pile/pier foundation, also referred to as 6 L AV, `stilts' te11 1. i 15.0' , r.. 9' x 18' parking space in the ozi n tr .1- .'-'zr. uncovered portion of the 1 >los driveway r." 4 O all FUN" Valli9' x 18' parking space in the DECK A84701. covered portion of the 2• 36.8' driveway t 12 � I 0 0 I SO 9intt 14 go R 441 Southside Road / 3-bedrooms McLeskey&Associates Agenda Item 22 Page 6 Site Photos NI aliul:I i, f�tilI ..ft ass x rn ret AID ____ ir pi , . . .„ w - _,:•-- -.1, ,,..ar • • _ , - :_._.,_,.„ __ _ , ,,,._.,,....._,... , _ __ . . _ _ : __ ...,., __.... , ....,„ ,_.._____ ._ .. :,. . . _ .,., , ._,.:_ __ __. : ,..._ ,:,__. - - -.•-_, _ _._.„. ,__ _ „ .„, . . . :, _.:. �t' . , ..-. . ,---,- orhP,177.11svalall e Mil' II t h ` 1.I .NI Y f' : McLeskey&Associates Agenda Item 22 Page 7 Street View • • inn 0-7 ►v .■ r , Lax ONO 11111 • • Street view photograph was captured by Staff on March 6, 2020 McLeskey & Associates Agenda Item 22 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME McLeskey&Associates 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 I Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning A Is 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 Plannin Commission and Ci...Council meetin that ertains to the a lication(s). • APPUCANT NOTIFIED OF HEARING DATE. June 11,2020 -WM ® NO CHANGES AS OF DATE: June 11,2020 -WM&August 12,2020-WM REVISIONS SUBMITTED DATE' WLZU I3n/Maier -June 11,2020 Male** -August 12,2020 McLeskey & Associates Agenda Item 22 Page 9 Disclosure Statement Virginia Beach Check here if the APPUCANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPUCANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:McLeskey&Associates 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) Cheryl P McLeskey,William A.Wilcox (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See Attached 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. C Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. I^I 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:FMW Residential Rentals,LLC If an LLC, list the member's names:Cheryl P.McLeskey,William A Wilcox Page 2 of 7 McLeskey &Associates Agenda Item 22 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 t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) See Attached "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 gii) 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. r� A 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 McLeskey &Associates Agenda Item 22 Page 11 Disclosure Statement APPUCANT Virginia Beach YES NO L SERVICE PROVIDER(use additional sheets If needed) H❑X ❑ Accounting and/or preparer of Goodman, Dixon your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than zithe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n El purchaserof the subject property I I (identify purchaser(s)and purchaser's service providers) Construction Contractors ZEngineers/Surveyors/Agents Fox Land Surveyors Financing(include current C ® 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 I Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development f I FA, 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 McLeskey &Associates Agenda Item 22 Page 12 Disclosure Statement ..,\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 scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. A. ` /j / .,/ //�tI xt APPLICANT'S SI TUR PRl NAME 7 Bp((AlE Page S of 7 McLeskey&Associates Agenda Item 22 Page 13 Disclosure Statement \Si OWNER Virginia Beach YES NO r SERVICE PROVIDER(use addldonal sheets If 1 I n Accounting and/or preparer of Goodman,Hughes,Dixon 1 I I your tax return ❑ Ill Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Aoohcant)-identify purchaser and purchaser's service providers Any other pending or proposed u ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ T� Construction Contractors ❑ Engineers/Surveyors/Agents Fox Land Surveryaa — 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 t ' anticipated future sales of the subject property _ J __ • - • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C © 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 McLeskey&Associates Agenda Item 22 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. F I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this i. Application. APPLICANT'S SI ' TUR PRI t NAME CYATE go Page 7 of McLeskey& Associates Agenda Item 22 Page 15 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. McLeskey&Associates Agenda Item 22 Page 16 STR VICI : ITY MAP MCLESKEY & ASSOCIATES — 441 SOUTHSIDE ROAD r J -�� e$111 t� III r y l, 4) 2n-Street r o9 � i 144 ,, ,#) 0 UK VII A __ ,. ��� , a /8 '. dii•• N ‘ oi •se, ;� \ , ,,,.. bar a 4.4,,,, .....___ . �� . A go o, a/ O DSO to/ 4i' 4,\,7is'. Itisl * ri.�_ STATUS t _�, / ' . r • Approved "4* i tp % • Denied % .0 l irir►' ' \ " 4_.. *Under Review `.T \w4JRegistered a i9 C The verbatim of the June 10,2020 Planning Commission meeting is provided below; however,the Planning Commission will consider the application on August 25,2020,again due to advertising error. Items#21. McLeskey&Associates[Applicant] FWM Residential Rental Properties,LLC[Owner] Conditional Use Permit(Short Term Rental) 441 Southside Road June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. 1 Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I move to approve the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. 2 Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, for and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19,20, 21,26,27, 28,29,31,32,33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting. Staff will contact you about that date. Feel free to exit meeting if you like. Thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 3 1. The following conditions shall only apply to the dwelling unit addressed as 441 Southside Road and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The covered parking space located under the main floor of the dwelling must remain a minimum of 9-feet by 18- feet, contain a minimum 9-foot wide vehicle entryway space, 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 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. 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 multiplied by 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 4 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. 5 From: Monica J.Stone To: William N. Miller Subject: McLeskey and Associates 441 Southside Rd. Date: Wednesday,August 12,2020 9:45:59 AM Good morning, I missed the deadline to submit my letter. Can I still submit one. I live next door to this property and strongly disagree that it should be a short term rental.This is a family neighborhood. Monica Stone 445 Southside rd. \ \ 1\ \ \ \ \ `41r- \ Wm' -'12 0 0 t1 li it 1 , n ----\ \\ ‘5"----3 R-5 D R' 5 G woo \ CO - \ r R=5D ,li _______, , co I ".....weiii ts ,_ 14th street � �� ,` ', t styes _.�, rip- 14th ---�-'" \ lili II 00... R-5D o� alp2....... ist \ ...... govaii e_.......imillig N rA Site •, 401' McLeskey & Associates W.`v.E Property_Polygons Ell Zoning 1405 Cypress Avenue, Units A & B s Parking Lot Drive Aisle _ Feet I I R.'HA',,, n 17 c7c tin 7c inn i s 1 cn 4-4 �j C� S�7(� SZ,Sri 4SS tt aYyJ CITY OF VIRGINIA BEACH AGENDA ITEM 4.1 ITEM: MCLESKEY & ASSOCIATES [Applicant] RUDEE HEIGHTS PROPERTIES, LLC [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 1405 Cypress Avenue, Units A & B (GPIN 24179566910000). COUNCIL DISTRICT— BEACH MEETING DATE: August 25, 2020 • Background: The applicant is requesting a Conditional Use Permit to operate two Short Term Rentals in a proposed duplex dwelling located in the Lakewood neighborhood. Permits have been issued for the construction of the proposed duplex. The 6,250 square foot site is zoned R-5D Residential District. Each of the proposed units will contain three bedrooms, for a total of six bedrooms on site. The maximum occupancy for guests on-site after 11:00 p.m. for a two, three-bedroom Short Term Rentals is 18 when combined; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or 12 total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. The minimum number of parking spaces required for this use is one per bedroom, or six spaces in this instance. • Considerations: This site is located within the Lakewood subdivision, which predominately contains duplexes and single-family dwellings; however, the neighborhood does contain some multi-family dwelling developments and includes a limited number of commercial sites. The submitted parking plan shows a total of six required off- street parking spaces; three spaces for Unit A and three spaces for Unit B. Two garage spaces will be used, one belonging to each unit. The remaining required off-street parking spaces will be located within the proposed concrete driveway. The site is located within the boundary of the Residential Parking Permit Program (RPPP). As such, a condition is recommended that limits the number of RPPP parking passes to two and prohibits the issuance of guest permits and temporary permits through the program. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met. Condition 19 was been added by the Planning Commission to ensure the proposed duplex is built in accordance with the elevations and materials presented during the public hearing. Further details pertaining to the application are provided in the attached Staff report. One letter of opposition was received relating to this request. McLeskey & Associates Page 2 of 4 Concerns were raised about the activities of a Short Term Rental not being compatible with the surrounding residential neighborhood. • Recommendations: On June 10, 2020, the Planning Commission passed a motion to recommend approval of this request by a vote of 7-1; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1 . The following conditions shall only apply to the dwelling units addressed as 1405 Cypress Avenue (units A&B) and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. Each garage space within the units must remain a minimum of 9-feet by 18- feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions McLeskey & Associates Page 3of4 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 fi" 3 one (1) 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. McLeskey & Associates Page 4 of 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. 19.The proposed duplex shall be built in accordance with the architectural elevations and parking plan submitted and on file with the Department of Planning and Community Development. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support/Opposition STR Vicinity Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmentall,7d� �/, City Manager: Applicant: McLeskey & Associates Agenda Items Property Owner: Rudee Heights Properties, LLC Public Hearing: August 25, 2020 23 & 24 l ,: , City Council Election District: Beach Virginia Beach Requests 23 - Conditional Use Permit (Short Term Rental) — 1405 Cypress Avenue, Unit A 24 - Conditional Use Permit (Short Term AS,Ret r,dstreet 0111. et i 12 ,_2+a s" Rental) — 1405 Cypress Avenue, Unit B i 20, i � 264 I Staff Recommendation I r,9,g 0j ,ea Alt'St Approval o r 11� OSi �ryro x-------t---;: e - _ Staff Planner 1 � S William Miller ,, c 1S � Wei • l Locations 1! I V " StrcA I\ $d`StMt +� E t"'p ,' ,,str Qet 1 1405 Cypress Avenue, Units A& B �� or}olk Avenue 4. C 901 Street p �n Street G P I N ,40 St -- Al ev 2417956691 4' I bth S e,He^erc Ave^�e 3 A`r°Au` Site Size o trom ( e+ Aven� C _ Sths • 6,250 square feet Existing Land Use and Zoning District Vacant lot (proposed duplex)/ R-5D Residential Surrounding Land Uses and Zoning Districts 1 a5', ' ` North ?; '' Duplex dwelling/ R-5D Residential a„ ‘ :,-1 South h. Single-family dwellings/ R-5D Residential +���� - rt y East e a Duplex dwellings/ R 5D Residential '° ` ' `r r = - West r+i34ii rr, . • ,3 Y }�.. ,4 h ;(eel' - , r.' Cypress Avenue Single-family dwellings and duplex dwellings/ " . "� . ':" �' ' r' r ilt„ 4 F R-5D Residential —� , � riiii •- 0 A. I .� } L ' McLeskey&Associates Agenda Items 23 & 24 Page 1 Background & Summary of Proposal Site Conditions and History • The subject property, which is 6,250 square feet in size, is currently undeveloped; however, a new duplex is proposed for construction on the site. • On June 5, 2018 a site plan for a duplex was submitted to the Development Services Center division of the Department of Planning and Community Development (DSC). On January 3, 2019 the DSC approved the duplex site plans for the subject lot prior to the adoption of the Short Term Rental regulations. • Building permits for this duplex were issued by the Permits and Inspections division on the Department of Planning and Community Development on March 12, 2020. • On April 22, 2020, Staff requested that the applicant provide an updated architectural elevation drawing noting the specific exterior material types proposed for use. Furthermore, staff suggested the use of higher quality siding, roofing, and the addition of small architectural accents to add to the aesthetic quality of the building. On May 1, 2020, the applicant provided the updated architectural elevations found on page 8 of this report. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • Staff inspected the site on March 6, 2020 and March 9, 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 on the eastern side of Cypress Avenue and all parking is prohibited on the western side of Cypress Avenue. Based on this, a condition is recommended that would bar the occupants of the STR from parking in the street during the restricted hours. Short Term Rentals in the Vicinity cti a - ' � �h—� ` eel a. ITV c 0�--- _-� -- � _ lam , \-\ u� T o... Q'�If l�� 1. r STATUS WO ,i �_— `,�A ill.I • Approved SD_��� _ bii- Denied v U _ G Under Review}\ (�J_�(; t 'ly�,,p�`�$jT�t� r O Registered o 1��1 1 /! �,,_voi 11 1 lI\�,� �tR�'; �.� McLeskey &Associates Agenda Items 23 & 24 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request 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. 1405 Cypress Avenue 1405 Cypress Avenue Unit A Unit B Number of bedrooms proposed in the Short Term Rentals: 3 3 Maximum number of guests permitted on the property after 9 9 11:00 pm (maximum 3 per bedroom): Number of parking spaces required (1 space per bedroom 3 3 required): Number of parking spaces provided on-site: 3* 3* * Each unit has one parking spaces in the garage and two in the driveway. R-'ss Lill Asmsw.‘ ---1---- (� \`1 1� \ CQ \:), �� ® � S� Zoning History t 6 o g Y s��=' , # Request \ 1 STR(Short Term Rental) Pending CC hearing NiOt Nm8""` 0` Q 2 NON (Enlargement/entryway additions)Approved \� 06/14/2005 \ \kii 1 R o _\o 1 _. -------- -V,,- \W.-- 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—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance STR Short Term Rental Evaluation & Recommendation This site is located within the Lakewood subdivision, which is largely developed with duplexes and single-family dwellings; however, the neighborhood does contain some multi-family dwelling developments and includes a limited number of commercial sites. The applicant's parking plan depicts a total of six required off-street parking spaces; three spaces for unit A and three spaces for unit B. Moreover, two garage spaces will be used for the units (one parking space within the garage belonging to unit A and one within the garage belonging to unit B). All remaining required off-street parking spaces will be located within the proposed concrete driveway. Since the site plan for this duplex was submitted to the Department of Planning and Community Development prior to the January 2019 Short Term Rental ordinance adoption, the proposed garage spaces were counted toward the required off-street parking space minimum. As McLeskey &Associates Agenda Items 23 & 24 Page 3 permitted by Section 241.2(1)of the City Zoning Ordinance,the Zoning Administrator reviewed the Parking Plan and deemed it acceptable; however, a condition is recommended that assures the garages will be available for the Short Term Rental occupants.Together with the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals, another condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest and temporary passes through the program 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 units addressed as 1405 Cypress Avenue (units A&B) and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. Each garage space within the units must remain a minimum of 9-feet by 18-feet,contain a minimum 8-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only.Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. McLeskey&Associates Agenda Items 23 & 24 Page 4 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. 19. The proposed duplex shall be built in accordance with the architectural elevations and parking plan submitted and on file with the Department of Planning and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. McLeskey&Associates Agenda Items 23 & 24 Page 5 Public Outreach Information Planning Commission • One letter of opposition was received by Staff relating to this request. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on May 11, 2020. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020, and August 16, 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 August 12, 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 August 21, 2020. McLeskey &Associates Agenda Items 23 & 24 Page 6 Site Layout & Parking Plan 1405 Cypress Avenue -- -- 1 Proposed concrete Unit A / 3-Bedrooms 1 driveway and Unit B / 3-Bedrooms 1 walkway I I 9' x 18' parking space Unit B in the garage (Unit B) PROPOSED UNIT 8 , i_l Li 9' x 18' parking space in thegarage (UnitA) F-3,600 Sf (2— STORIES) I 9' x 18' Unit A parking space PROPOSED UNIT A UnitA (proposed) Garage B Garage I' (Unit A) (Unit B) 1 1 I I I I 3 2 3 Unit B (proposed) 1 1 1 __--24 • CWRESS AWW1 (60'R/M1 ryB 7,PG Jag) McLeskey &Associates Agenda Items 23 & 24 Pa2e 7 D 1 n S O n ., I I I I I I '-I I- . . I I I I 1 I I I I I DJ t 1 1 _, T i _, 1 T ; I 1 1 I I I I I, m 1 1 i i i —. 41 fD I I I I I I ®r7111/ ® Imo� 1 I f I a I I 1mm. r+ ■1 R o 1 I I I I gY , R I II H t -J -I I :i i 1 I II m 111 1 I I 1,1 I I I I 1 m p I S 1 I 1 1 l.... ^I I _I ❑ 1 :.■of —DI =:-t� n II _I❑ 1 Q 7 r--- I 1 9 z g n .r I I �Iuo I 1 H m a I 1 I 1 I is - J r 1 _ 1 : :: I ~ I i 3 w I I __ I a a i 4 0. 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Jr., :a'.r Asl , "mil 4 t I » ,Y -' 1405 Cypress Avenue McLeskey&Associates Agenda Items 23 &24 Pane 10 Disclosure Statement .1\B Virginia Beach APPLICANT'S NAME McLeskey&Associates DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce tion for (EDIP) _ Board of Zoning Encroachment Request Rezoning 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 Plannin Commission and G:v Council meetin that ertains to the a ;alication(s). ® APPLICANT NOTIFIED OF HEARING DATE: June 11,2020 -WM ® NO CHANGES AS OF _ DATE: June 11,2020 -WM&August 12,2020-WM REVISIONS SUBMITTEI DATE alia.wvM(U,er— June 11, 2020 Wa;liamr M%lle4'-August 12, 2020 McLeskey& Associates Agenda Items 23 & 24 Page 11 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:McLeskey&Associates 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) Cheryl P.McLeskey,William A.Wilcox (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See Attached See next page for Information pertaining to footnotes and 2 • s SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onlyif property owner Is different from Adplkant. 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:Rudee Heights Properties,LLC If an LLC, list the member's names:Cheryl P.McLeskey,William A Wilcox Page 2 of 7 McLeskey& Associates Agenda Items 23 & 24 Page 12 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) See Attached '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 9n 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 McLeskey &Associates Agenda Items 23 & 24 Page 13 Disclosure Statement APPLICANT 'Virginia Beach YES NO SERVICE PROVIDER(ussadditional sheets If needed) 8 Accounting and/or preparer of / your tax return DIXur, vt ��O F56uudimrr EArchitect/Landscape Architect/ L— Land Planner ?ruC,f-fc 55)✓E VC ci 1 5 Contract Purchaser(if other than J J Elthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C isa purchaser of the subject property (identify purchaser(s)and purchaser's service providers) t. Construction Contractors 'D Engineers/Surveyors/Agents M cA PV Financing(include current n mortgage holders and lenders ` I 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 N 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,wh t is the name of the official or employee and what is the nature of the interest? Page 4 of 7 McLeskey& Associates Agenda Items 23 & 24 Pane 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. t 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. APPLICANTS S TUR PRIlt /ATE Page 5 of 7 McLeskey& Associates Agenda Items 23 & 24 Page 15 Disclosure Statement 1/73 OWNER Via Beach YES NO ( SERVICE PROVIDER(use addhtonil sheets ff needed) Accounting and/or preparer of Goodman,Hughes,Dixon your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than pi El the Apolicant)-identify purchaser and purchaser's service providers Any other pending or proposed it purchaser of the subject property (identify purchaser(s)and purchaser's service providers) LIConstruction COMractors Turnkey Construction ® Q Engineers/Surveyors/Agents Fox Land Surveyors Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I ® Legal Services Real Estate Brokers/ I I 1 I � Agents/Realtors for current and • ���1 anticipated future sales of the subject property ♦ -----lpr 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 McLeskey& Associates Agenda Items 23 & 24 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. L W 1v\,C_r.__A w,lC �I 1w PROPERTY O- R' GNATURE PRINT NAME DATE Page 7 of 7 McLeskey & Associates Agenda Items 23 & 24 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. McLeskey&Associates Agenda Items 23 & 24 Page 18 STR VICE ITY AP MCLESKEY & ASSOCIATES — 1405 CYPRESS AVENUE, UNITS A & B t gth ( ice' a-C4 --< -�9; Y,.t„t,_.-tri. .\°.,t,. ~l t 10 l v(0 ,1 - tnta T StC g ; ._.-__,_-__-'' 1 `\ V t y _3 ��' �, j _y y .�:.,it < .� g__:), _ 14ft 0. ,mot ti ti5 yt ti t ., s el t t - . l� , / ' _.,---- .7. litlaill.. .6 ‘. ill - -- v.,.‘k\:,\., -----. _ ,,, k,, , ,.._ f__________ // •,r, tc et-r ' •f \. f \\114 z _ _ 1---\____,* \\ ,,b, / STATUS 'IP `..� ���� I 0 Approved y P - • Tii. C 111-i . .T • Denied N rf�lk Avemu' _-_�_ . ; Y ,, t� 0 Under Review 1 -1 t 4 0 Registered OUrt 1 y� t 1 +,L t rr l` � t ,ems The verbatim of the June 10,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on August 25,2020,again due to advertising error. Items#22. &23. McLeskey&Associates[Applicant] Rudee Heights Properties, LLC[Owner] Conditional Use Permits(Short Term Rentals) 1405 Cypress Avenue, Units A&B June 10,2020 RECOMMEND FOR APPROVAL-HEARD Ms. Landfair: Madam Chair and members of the Planning Commission. The next order of business is the regular agenda. The presentation of the Regular Agenda is as follows. Statements by the applicant or applicant's representative followed by questions by the Planning Commission of the applicant or staff. Statements by any registered speakers followed by questions by the Planning Commission of the speaker or staff. Rebuttal by the applicant or applicant's representative followed by questions by the Planning Commission if desired of the applicant or staff and deliberation of the application by the Planning Commission with a motion followed by a vote. There are six items on the Regular Agenda items 9, 22, 23, 24, 25 and 30. Mr. Landfair: Agenda Items 22 and 23. McCleskey and Associates for conditional use permit requests for Short Term Rentals at 1405, Cypress Avenue, units A and B in the Beach District. The applicant's representative as Chris Wood. Mr. Wood has signed up to speak. Please provide a summary of your request and remember to identify yourself for the record and pause three seconds before speaking so that we can activate your microphone. Mr. Wood you have the floor. Thank you. Mr. Wood: Good afternoon, Madam Chair and members of the Planning Commission. For the record,my name is Chris Wood and I represent the applicant. I am a vice president in charge of all of construction development and property management for McCleskey and Associates. In order in an attempt to be efficient, I also have four other speakers speaking for items, multiple items 23 through 25 and 30. But after speaking with them, I am going be saying pretty much what they said. So, I do not necessarily make it an efficient use of time for them to speak, but they will be available if you all would like to hear from them. Before I began, please let me take the opportunity to thank the staff especially Will Miller, who has worked tirelessly for both the applicant and the concerned citizens and has been a big help. The McCleskey family has owned these properties for decades. The McCleskey family also has several hundred rental units throughout the area and has been in the property management business for more than 70 years. And we expect to have several hundred more over the next 10 years or so. So, it is a very experienced 1 property manager. As you are aware,most of you are aware McCleskey rarely sells any of their property. So, this will be very important that the asset is maintained well and managed well. All of our properties, including any Short Term Rentals will also have a 24-hour a day, seven day a week, call center to handle any complaints from neighbors, residence, or any other maintenance issues. Additionally,they all have my cell phone number,which after 30 years in property management I am used to getting calls in the middle of the night. Specifically, on the south side of properties, we believe these are uniquely appropriate for Short Term Rental. They are near the South Side Marina. I am sorry, this is Cypress isn't it? I apologize. Okay. I did hear some questions during the informal meeting and to be clear, we are going to be building the same duplex whether or not it is used for Short Term Rental. As, I mentioned McCleskey does not sell their properties generally, so this will be a long term rental unit, regardless of what we have done. The duplex has been designed as a rental, not as for sale product, and if you will notice, we have the both garages in the front to eliminate the traditional "ocean climbs South End,North End,long live in a concrete to get to the back unit" (unknown what was actually said). So,we think that definitely makes it nicer. We started building this but then as part of our COVID response we stopped building all projects until rental revenues returned to normal, which obviously, I would assume may not pick back up until the fall at the earliest. The reason that we are asking for the Short Term Rental now is simply because number one, we do not know how long it is going to take till we start again. and number two, I think you all would agree with me that the rules are likely going to change and we want to make sure that we have our properties at least in there. All that said,if you all think that we should defer this until it's built, we can certainly do that, but I can assure you that this is the building, it's going look exactly like this and it's going to look exactly like the plans, whether it's now or later. "And we will not and this will be building" (unknown what he actually said). So, whether or not we use it for Short Term Rental, this is the way it is going to be. So, I think those are some of the comments that I heard and if you all have any questions I would be happy to answer them. Mr. Landfair: Are there any questions of the applicant by the Planning Commission. If so,please raise your virtual hand. Staff acknowledges the virtual hand raised by planning Commissioner Wiener. Commissioner Wiener your mic is open for comment. Mr. Weiner: Yes, Mr. Wood, I understand what you are saying. I know you said you are going to build this no matter what. So, you would not have a problem deferring this indefinitely until we actually go through the ordinance again, because it might be when the ordinance comes out that there is not going to be any more Short Term Rentals allowed in that area, especially we go to an overlay district. I just want to make sure that you are aware of all that information. 2 Mr. Landfair: Mr. Wood, would you like to respond? Mr. Wood: Yeah,hi,that is kind of a big concern. We would rather have it heard now. Again, the property is going to look this way whether it is now on paper or is done later. And whether or not we use it for long term rental or Short Term Rental, it is going to be this exact property. And I think it's well designed, well thought out. It has been designed as a rental. And McCleskey has a long history of maintaining their properties and doing it. So, I would prefer to hear it now. And especially with the COVID response and assuming that we will not be continuing to build until probably at least September or August, it would be done until probably in early 2021 if everything goes right, we would defer to hear it now,but I certainly would consider deferring it. But, I do share the concern that the risk of the moratorium and the rules change. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Planning Commissioner Redmond. Commissioner Redmond your mic is open for comment. Mr. Redmond: Yeah, I think we need to be a little bit careful about drifting in this territory where new construction cannot be rental. New Construction can only be something you live in or for long term rental, we just disposed of one application where there was a sidewalk separating parking spaces because it is an existing building. And now they are designing a new building, which they can do precisely to specifications and which presumably,would be more closely attuned. Because you are not trying to fit a building that is already there into regulations that have been written decades after, you know, house was built. It is hardly the only duplex in Virginia Beach. So, I do not think the building itself is particularly unusual. And, you know, we see this on 22nd Street of course, the Miller Group developed, I forgot the name of the project developed property for that and those are very nice units. It is not the first time we have seen this, I do not want to kind of slouch towards this notion that new construction has to be something you live in and nothing else, it just does not make any sense to me so I do not find anything particularly objectionable about it and go from there. Thank you. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Oliver. Ms. Oliver: Mr.Wood. So,what I understand about the application is that you are building that specifically for Short Term Rental and I have no objection to the architecture of the building,it is lovely. Would you consider, I mean, since we are talking about Short Term Rental as the impact of the neighborhoods, I mean, you do regular rental property,would you not consider this for a regular rental property as just in a regular summer rental and winter rental or year round rental or does it.... Do you feel the need for it to be specifically designated for Short Term Rental? Mr. Landfair: Mr. Wood, would you like to respond? 3 Mr. Wood: Yes, thank you, Madam Chairman. Yeah, if I misspoke, I apologize we did not design this for Short Term Rental. We designed this for a rental,whether it is short term or a monthly, it could be used either way. The closets are big enough for our regular rentals. You know,it is certainly not designed as a Short Term Rental. And I apologize if I misspoke with... It is not designed as a Short Term Rental, it is only designed as a rental. And yes, we might want to be able to use this as a short term even if we get this approval, you are absolutely right. We may choose to just keep this as a regular rental, we do have a demand, an in-house demand, because we have a lot of large yachts, as you can imagine coming in to the finishing center, they have crews and not all them want to stay on the boats. So, we do have from time-to-time people that want to live in a house while they are here spending money in Virginia Beach and obviously we all want that. So, that is in demand and when we get to the Southside properties, that is probably even more of a demand since it is right by where the boats should be. But I mean, we are not sure we will use this as a Short Term Rental,but when we may. I hope that answers your question. Ms. Oliver: I think it answers my question. I guess our concern is with the area, especially this particular area with the amount of Short Term Rentals here that the intent to build a building specifically for Short Term Rental is somewhat concerning. Mr. Landfair: Mr. Wood, would you like to respond? Mr. Wood: Yes. And again,please let me be clear this building was not built in any way, shape or form to be a Short Term Rental. We have this design,we have been working on it for a while.You know,it is not designed to be a Short Term Rental. It is designed to be a rental, it will never be sold and it will always be a rental, whether or not as a Short Term Rental, I do not know. But I would also say, I know this is really unchartered territory and it is new for everybody. But I also know I don't want to be penalized because we are the last guy there and everybody else has got it, because everybody else's neighborhood has it, we can get it. So, I appreciate your thought, but you know this was not designed for Short Term Rental. As I said the closets are big, it is designed to be a rental, period. And I am not sure whether or not we would use any short term, but we want to have that option especially when we have people that are looking when they come into town. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Planning Commissioner Inman. Commissioner Inman your mic is open for comment. Mr. Inman: Thank you, Bill. Chris, I understand exactly what you are proposing and your reasons for it. And if you had followed this Commission and our adventure with Short Term Rentals, you will know that we have developed lots of concerns about the direction it is going and the impact on neighborhoods, and there is no neighborhood more impacted than the one that you're in with this particular property, unfortunately, and we are worried about disrupting neighborhoods and 4 with too many transient uses over and over again, so yes, it is a very nice product I am sure it will rent very nicely. I would like to see you limit it to regular types of rentals as opposed to Short Term Rentals in light of what is going on in the neighborhood. I understand you want something different, it is an ordinance on the books, but I do not like the idea of approving applications where the property does not exist yet or the structure does not exist yet. So those are,those are my concerns and I will leave it at that. Thank you. Mr. Landfair: Mr. Wood would you like to respond? Mr. Wood: Oh, yeah, real briefly I agree with Mike and I do share the same thing about properties that are built to be a businesses or a hotel. But I think everybody there knows that McCleskey has a track record of the last 70 plus years of maintaining their properties and being good neighbors,being very proactive and this is going to be no different. Now, I would have been happy to wait until this was built to come in. But again in light of COVID and everything else that is happening, we do not know when we will be back in business, but I appreciate your comments and I do share your concern that people build these as a business, but this is not that, this is going to be something that we would build regardless and we maintain our properties well,but I appreciate your comments. Mr. Landfair: More questions for the applicant at this time by the Commission. Seeing none, we do have two speakers signed up to comment. The first speaker is Lauran Lersch, followed by Cindy Sable. Note that you have three minutes to speak. Please identify yourself for the record and pause three seconds before speaking. Thank you. The next speaker is Cindy Sable, Ms. Sable note that you have three minutes to speak. Please identify yourself for the record and pause three seconds before speaking. Thank you. Madam Chair, neither speakers is online. As such, I will open up the mic for you to call for a motion. Ms. Oliver: Thank you. So,I will open up the floor for discussion by the Planning Commission or entertain a motion at this time. Please raise your hand if you have a comment or motion. And staff will unmute you. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Wall. Your mic is open for comment. Mr. Wall: Thank you. This is Jack Wall and I am just here„ you know„ it is more of just a comment then the actual, you know„ straight leaning one way or the other„ but it idoes almost appear that it is kind of a commercialization, you know, you are building and you know, I understand Mr. Wood's comments and I kind of applaud him actually for you know, I think it is probably a wise decision just to go ahead and you know,bring it before the city in order to gain the approval. And you know, it is an attractive structure. I think blends well with the neighborhood. But at the 5 same time, I kind of wonder, you know, does it set a trend? Is there is a pattern of constructing new houses for Short Term Rentals? Now, we saw one a few months ago and they had clearly rental, you know, the garage was six feet wide and that was more for activity toys, like surfboards and other things such as that, but I am just kind of wondering, you are just kind of talking out loud, this kind of new trend that we are going to start seeing our homes being constructed strictly for,you know, for Short Term Rentals and that is it. Thanks that is all I have it. Mr. Landfair: Madam Chair. Do we have a motion? Ms. Oliver: Are there more, since we opened it on the floor, any more Commissioners that want to speak. Mr. Landfair: There are no more Commissioners who want to speak. Ms. Oliver: Alright. May I have a motion please. Mr. Landfair: Staff acknowledges the virtual hand raised by planning Commissioner Weiner. Commissioner Weiner your mic is open for comment. Mr. Weiner: Yes, thank you, Bill. I would really like the applicant to withdraw this or to differ it right now, but since they do not want too, I am going to go back and look at and deal with,but I just, I know that the applicant does very good work,they are a very reputable company and will take care of the project. But the point is, it's being built for Short Term Rental and is kind of confusing, but I am going to motion for approval for this application and the only reason why, I want to comment is something we are going to have go back and look at, we approved one a couple (unknown what was said) before that are being built already and we have approved them in consistently again and but something we are definitely going to have to look at in the future when we sit down. He keeps saying this,but I do not think we are going to get this done on a 100 days, so I am going to go for a motion for approval on this one. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond, your mic is open for comment. Mr. Redmond: Thank you, Bill. I am a little confused by this conversation. People had been building houses near the beach,every beach on planet earth for rental purposes for a 100 years, the idea that someone would suddenly build a house for a rental near the beach is not exactly you know, crazy to me. It is not like Martians landed, I mean, it is very common. So this case strikes me as a fine looking house you know, another duplex rather than any other way would not be objectionable. So and, you know, this is a builder with a track record of the excellent management I do not understand that. And I do agree with the things that David just said, so with all that I would second his motion for approval. Thanks. 6 Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Coston, your mic is open for comment. Mr. Coston: Well, Commissioner Redmond has already seconded but I was going to say that I have had the pleasure of going in some of those buildings down there where they rent to people who are off the boats and beautiful properties. I see no problem with what they are trying to do there. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond, your mic is open for comment. Mr. Redmond: Sorry, did it again. Mr. Landfair: Hearing a second. A motion to approve the application has been made by Commissioner Weiner and seconded by Commissioner Redmond. Are any Planning Commissioners abstaining from the vote? Staff acknowledges the virtual hand raised by Commissioner Inman, your mic is open for comment. Mr. Inman: This is not about an abstention, I just feel a need to respond to Mr. Redmond is that the whole thing has to do with the saturation of a neighborhood with Short Term Rental candidate properties, which I would put this in since they are saying this is not only for Short Term Rental and I take Mr. Wood at his word on that. But, it is what it is and it can be sold to anyone else and not necessarily always retained by his company. And it is therefore Short Term Rental and it could be very prolific Short Term Rental property very attractive. The point is not that yes there are lots of duplexes built in Virginia Beach, yes it is very attractive residence, the point is we are concerned about saturation of the area and to the exclusion of neighborhood feeling anymore"for term rentals"(unknown what was said)that is what it is about, it is not about how pretty it is. So, I just want to make sure we all understand what our mission is here as opposed to anything else. Thank you. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond, your mic is open for comment Mr. Redmond: Yeah,and I understand that,Mike, I understand what your concern is as you have been very clear about that and I respect it entirely Mike. My point was about the idea that it seemed to be kind of a funny idea that it was strange somehow that there would be new construction, you know, in a resort area. For the purposes of rentals that has been happening all over the planet for a very, very long time, but I do understand your concerns and I respect them as you know, and so I appreciate that comment. Thanks. Mr. Landfair: The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. 7 Mr. Alcaraz: Yes.. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: I am sorry. Could you tell what the motion was one more time, please? Mr. Landfair: Hearing a second. A motion to approve the application has been made by Commissioner Wiener and seconded by Commissioner Redmond, to motion to approve. Ms. Oliver: No. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By a recorded vote of seven, for and one against Agenda Items 22 and 23 are hereby recommended for approval by the Planning Commission, thank you. AYE 7 NAY 1 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT 8 Inman AYE Klein AYE Oliver NAY Redmond AYE Wall AYE Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling units addressed as 1405 Cypress Avenue (units A 86B) 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. Each garage space within the units must remain a minimum of 9-feet by 18- feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 9 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. 10 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. 11 From: planning Administration To: William N.Miller Subject: FW:Request For Information Date: Monday,May 18,2020 8:17:11 AM Attachments: image001.onq Hi Will, See email below. It was received in the Planning Administration inbox on Sunday, 5/17/2020. Inquiry is concerning STR for McLeskey 8, Associates on Cypress Avenue. IiiiMarchelle L Coleman, City Planner II City of Virginia Beach Virginia Beach Planning &Community Development 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 (757) 385-8557 (Direct) (757) 385-4621 (Office) mcoleman@vbgov.com From: Reeser, Rick<rick.b.reeser@medtronic.com> Sent:Sunday, May 17, 2020 6:19 PM To: Planning Administration<PlanAdmn@vbgov.com> Cc:Amy Graham<algraham89@gmail.com> Subject: Fwd: Request For Information r___ _._ CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi. We own our home...623 14th Street. It appears that the property owners, possibly owner,of the lots in the pictures below are requesting approval for short term rental. If this request is for weekly rentals or sole Air BB use we would like to express our strongest recommendation against it and would like to know the process that needs to be done for us to work towards this being denied. We have families with young children and will certainly not take well to guests who may be on vacation and wish to enjoy it late into the evening.We bought this property not knowing that the owner/owners planned on setting up a series of vacation style rental properties.This is a neighborhood not a resort area.There are no other Air BB or weekly rental properties on our street. Thanks in advance for your direction on this matter.Again,we stand strongly against this approval. rte 9 a s - sr y s41 i • ; - + t rr �Sy t : +� 4 t1' 7 FS .if i 1t t '• ' ', t F t. E ti j Et. 3 a L. .i,. , - '.. 1. §I 15 I 1 r �w ' ' - r '....got- • ` tti Rick Reeser Southeast Regional Sales Manager I TRUCLEAR Medtronic Surgical Innovations I Minimally Invasive Therapies Group(MITG) 555 Long Wharf Drive I New Haven.CT 06511 Mobile 757.478.4587 Rick.b.reeserPmedtronir.con1 medtronic.com I Facebook I Linkedln I Twitter I YouTube LET'S TAKE HEALTHCARE FURTHER,TOGETHER Sent from my(Phone Please Excuse Autocorrections [CONFIDENTIALITY AND PRIVACY NOTICE] Information transmitted by this email is proprietary to Medtronic and is intended for use only by the individual or entity to which it is addressed,and may contain information that is private, privileged,confidential or exempt from disclosure under applicable law. If you are not the intended recipient or it appears that this mail has been forwarded to you without proper authority,you are notified that any use or dissemination of this information in any manner is strictly prohibited. In such cases, please delete this mail from your records.To view this notice in other languages you can either select the following link or manually copy and paste the link into the address bar of a web browser: htto://emaildisclaimer.medtronic.com 00£ 05Z 00Z OS 1, 00 M 05 5Z 0 6uiplin8 lead. aisNanua ioi oupped 6uiuoz s 4aallS ins 6Z£ 6 suo �t o �(}aadoad , ` ,.M 311 suoi��aen aped d- N. , a r.....7.--_,;____ ___, _ _____ _ ,, -\\, _-_„,_-r_-_---'-m--o------....-.--- , \ ,',' ,,, _ y/� d ,` 4,, . 4 11 +(gam_ L y ,c0, ,,, :-1 a.1 i-�� �- L Ir� Ta� z �-1 _ 0_,, t i, , \- z 1.-v' �o dSI " \ , \ S v► 5Z y d Z 7 1 - --�"� AS S u5 ca _ „ r,. �� Zi. Zs�_d --------- , _ _ 0 3.11 011-' / ‘ -A \ - 1-- „--------_\: _ --,-___-___:_,,,o. lee 11 __ __\,1 ' 1. r co, . rzry z ,v7, , 1_ ,_ 4, , ......-iiii a , ...,,, \ii --'-' - . \\ _____ ,F....,.......,_ ,einlir: Z L� V 0 � 1 .40::: \\ ,...---.1_. si,4, , ..\ cp, A - --t\p 0 re)* !-l` 1.... , \ __, . . . __ _,_ ,,,,___ 4 - --,,,------- 1 \ , \ L zi. v is _ -i�•�-ray \...., .= ''o '- j�► '�' ` v , 0 :Sit ; \ lj O\,� \ vs, �..•►� \\/\\ " \ UZI. V V:3' _ �_ , zed 1 . r NNA /1` • rs c f04 `� _`5��7 f� 37, CITY OF VIRGINIA BEACH AGENDA ITEM ./ ITEM: JADE VACATIONS, LLC [Applicant] JOSEPH CLARK [Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 329 25t" Street (GPIN 24280030615030). COUNCIL DISTRICT — BEACH MEETING DATE: August 25, 2020 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental in one of the 28 townhouse-style condominium units. The Atlantic Place Condominiums are located at the oceanfront on a 50,400 square-foot lot zoned A- 24 Apartment District (Old Beach Overlay). City records note the subject unit as containing two bedrooms. Two off-street parking spaces are required and provided. The maximum occupancy for guests on-site after 11 :00 p.m. for a two- bedroom Short Term Rental is six; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or four total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: This site is located approximately 850 feet from the Atlantic Ocean where Short Term Rentals are to be expected. Uses in the surrounding area include duplexes, single-family dwellings, multi-family dwellings, and a mixture of commercial businesses. The applicant's parking plan depicts the two required off-street parking spaces, one in the garage and one in the driveway. As permitted by Section 241 .2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. A condition is recommended that the garage always remain available for use by Short Term Rental tenants. The property is within the boundaries of the Residential Parking Permit Program (RPPP) where on-street parking is limited. Consequently, a standard condition is recommended that limits the number of guest and temporary passes while the Conditional Use Permit is active. Further details pertaining to the application are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0 to recommend approval of this request; however, due to an advertising error this item is rescheduled for the Jade Vacations, LLC Page 2 of 4 August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1. The following conditions shall only apply to the dwelling unit addressed as 329 25th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9 feet by 18 feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (i.e., number of bedrooms multiplied by three two (2)) 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. Jade Vacations, LLC Page 3of4 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 . 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 t'" one (1) 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) two (2) 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 Location Map Minutes of Planning Commission Hearing STR Vicinity Map Jade Vacations, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department '. City Manager: �1 , Applicant:Jade Vacations, LLC Agenda Item Property Owner:Joseph Clark \I I Public Hearing: August 25, 2020 25 City Council Election District: Beach Virginia Beach Request Conditional Use Permit (Short Term Rental) ' , Pw0 Staff Recommendation co j25t1s°t Approval Taskk0na Road 3Q1h5`teet -.r"` Zth stre Staff Planner 5 / Zamstteet William Miller .,_ ° D Zl,hg"eet m sheet 0p Zllh '� S°d 26lhst,ee 2,St attStfee Location ` 329 25th Street z5 stt street g4th Sheet e GPIN 03 ..e i_-\\ \ et y 24280030615030Straet ---2'`d slR Y 0d street et , (7 Site Size z,s� ° 50,400 square feet /'s" zot"s` s� stel W t lsth e et Sltget, Existing Land Use and Zoning District Multi-family dwelling/A-24 Apartment(Old Beach Overlay) Surrounding Land Uses and Zoning Districts , w,. North �a 5i ' °a r � _ alf sSti el s � - �; sleet R 25th% Street (alley) i r " <;, 4 z `:, Single-family and duplex dwellings/A-12 �, Apartment (Old Beach Overlay) -: .`y0,,,-- Y aikt , - ,t f m ' South ` u � :.'' 25th Street Multi-family dwellings, commercial parking , t+h . garage, indoor recreation facility/OR a " ! !, Oceanfront Resort East � Commercialjia- (retail shopping center) /OR ; ' ` t� 'pc., Oceanfront Resort ''' s. i' - West `e , ` i Multi-family dwellings/A-12 Apartment (Old ` s'" _ -s ' Beach Overlay) Jade Vacations, LLC. Agenda Item 25 Page 1 Background & Summary of Proposal Site Conditions and History • This condominium development is approximately 50,400 square feet and is located within the A-24 Apartment District (Old Beach Overlay). • The parcel contains 28 condominium style townhome units located within five buildings. • According to City records, the subject dwelling unit was constructed in 1981. • On December 10, 1979, City Council granted a rezoning request for this property from A-1 (now designated A- 12)to A-3 (now designated A-24). • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • 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 issuance of guest and temporary passes. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity i-2 -7:3.',--gioaii,:_--------1AV.----A t-3D. ------1, ne \ \ 5 r-A/14 t 1y,U- Y- 27 { —, \ t e t.---:'. l � 1 1i reefti., i\.____,r57--.. -2 2th St�ee— t �1r-,^ STATUS �[}}tt y t '� t —J�4U'-`R til e .- aOr �C` tce� gt�e 1 c_ r Approved t �Ly-`'11-L, r, 1 \l �' 1io� t � Denied ��,l,,` \`' A,S"�.;`,1 2a 0 Under Review Vta% Y \' - ` .-. � 1 I O t teet t O Registered -(C .t 1 n�� "2tSi t, Jade Vacations, LLC. Agenda Item 25 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a two 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: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 6 • Number of parking spaces required (1 space per bedroom required): 2 • Number of parking spaces provided on-site: 2 (1 in the garage and the other in the driveway) Zoning History # Request 1 REZ(A-1 to A-3)Approved 12/10/1979 STR(Short Term Rental)Pending CC action zss r �, a' oR STR(Short Term Rental)Pending CC action n'd z i rig . oR 2 NON (Two single-family dwellings)Approved 03/23/1984 •�V,,,,' A ' , R \ ��hg�..•� 3 NON (Enlargement/Room addition)Approved 05/16/2017 D �' R, 4 STR(Short Term Rental)Approved 02/12/2020 0ms • •: 5 STR(Bed and Breakfast)Approved 08/26/2003 _ . '',6.#.: , -i• \ ��p �� 6 ALT(Lot area and width, building type,structure �t 114 "„r' �/'f�I.�J •R ;� �„ ������.,, ,,.� orientation, parking setback encroachment)Approved ',__ i,• ��/`1j �It' ,f 03/19/2019 .��i� ��„ga ' 7 NON(Replace nonconforming cottage)Approved Ty. q09/13/2005 • & oR,• 8 STR(Short Term Rental) Pending PC meeting ���,,,111 OR 1 STR(Short Term Rental) Pending PC meeting r11'��.-a_ i�I A ;`,3.\ �i 9 REZ(0-2 to Conditional R-5D—Old Beach Overlay) Approved 08/09/2011 c� "" } ' ��\ ^' 10 NON(Enlargement of Nonconforming use)Approved 08/15/2017 11 CUP(Outdoor Recreation)Approved 04/28/1992 12 STR(Short Term Rental)Approved 02/11/2020 STR(Short Term Rental)Approved 02/11/2020 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 CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation This site is located within the resort area of the city; more specifically, the proposed Short Term Rental is part of the Atlantic Place Condominium development.The surrounding area contains an assortment of duplexes, single-family dwellings, multi-family dwellings, a city parking garage, and mixed-commercial uses. In addition,the property sits approximately 850-feet from the public beach of the Atlantic Ocean where Short Term Rentals are to be expected.The applicant's parking plan depicts two required off-street parking spaces; one in the garage and the other in the driveway. Jade Vacations, LLC. Agenda Item 25 Page 3 As permitted by Section 241.2 of the City Zoning Ordinance,the Zoning Administrator reviewed the Parking Plan and deemed it acceptable; however, a condition is recommended that assures the garage will be available for the Short Term Rental occupants.Together with the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals, another condition is recommended that limits the number of Residential Parking Permit Program parking passes to two and prohibits the issuance of guest and temporary passes through the program 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 329 25th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest and temporary passes 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 the allowed number of people who may stay overnight (i.e., number of bedrooms multiplied by 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. Jade Vacations, LLC. Agenda Item 25 Page 4 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. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. 1 letter of support was received by Staff relating to this request. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020, and August 16, 2020. Jade Vacations, LLC. Agenda Item 25 Paee 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 August 12, 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 August 20, 2020. City Council • 1 letter of support has been received by Staff related to this request. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020, and August 16,2020. • 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 August 12, 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 August 21, 2020. Jade Vacations, LLC. Agenda Item 25 Page 6 Site Layout & Parking Plan 329 25th Street / 2-Bedrooms BUILDING NO, t i THREE STORY FRAM w,TM G'+OuNO FLOOR PA AK i G o • • uN1T 6 uN+T 3 UNIT 4 t 1I UNIT 2 UNIT a 3,1 • 333 *3 31 * 3= S 11 327 *325 oe' iltr` .t� ■fit' 1l t9 tt t5 2 + ' elf 11 a i-_ ____..,.. 2 c Sidewalk Sidewalk Sidewalk 25th Street Driveway 9'x18' parking space 9'x18' parking space in garage Jade Vacations, LLC. Agenda Item 25 Page 7 Site Photos - - --ti:2.?,„ ,,A,.011,,,,,,.,,•,..,,?.),/,,,,..,,,,,..,. , .. °III + t', €� f �1it: '' f' I,��� ' - , : 11 , , 1- --' '1. 11:1:c - ,':'i "'Lat. Inliffiiiii -_,-, v I „„„..., _ _ N, -- :�_, :r F ,_ . 310.J ._ _ - i ., -- - iji�. � L. � i IA.: _IMO jll 11 i.. 4. ' "' , - i m� . Jade Vacations, LLC. Agenda Item 25 Page 8 Site Photos 329 25th Street Parking Plan Figures Leland Real Estate Corp() o. f r,� _ 329 25TH Street's 728sqft garage Jade Vacations, LLC. Agenda Item 25 Page 9 Site Photos 34 r Jade Vacations, LLC. Agenda Item 25 Page 10 Street View , . ...,;.. - %/ ri.411#0;114. wir, t.. - ' ,,. - ' v.. - .-, . . - , (lir .�,,), v. 4 ilk r to , '' ` r f - c r s r a \ , , , , ....__ —- jt- This photograph was captured by Staff on March 6, 2020 Jade Vacations, LLC. Agenda Item 25 Page 11 Disclosure Statement Ja�4 vo►,r5,LIC.CApp► ilt`cri Irgirl1u Bwech APPLICANT'S NAME Joseph Clark Cowk.a.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 Modification of by City - Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _ - Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ _ Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 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 meetinc that ertains to the application(s), __ APPLICANT NOTIFIED OF HEARING DATE:1 June 11,2020 NO CHANGES AS OF DATE: t June 30,2020&August 12,2020-WM ❑ REVISIONS SUBMITTED DATE: IUJ]:nr -Miller-William Miller-06.30.2020 W aliaiTt/M%uer -August 12, 2020 Jade Vacations, LLC. Agenda Item 25 Page 12 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. IXCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:JADE Vacations LLC If an LLC, list all member's names Joseph Clark 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. ❑ Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. IN Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. 4-(A) List the Property Owner's name:_ -t't'' ANAL- \racq-1210PS,LL C. If an LLC,list the member's names: ,6Set 1% L,4f`k eve) Page 2 of 7 e.• -Z 4t .c.,_is No4� 'J e se-eh ?rOlpairly 01#1-I4n c-. Jade Vacations, LLC. Agenda Item 25 Page 13 Disclosure Statement NIB Virginia Beach If a Corporation, list the names ofall officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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 entityrelationship" 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.Codes 2.2-3 1 01 • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business 9ierating 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 Jade Vacations, LLC. Agenda Item 25 Page 14 Disclosure Statement APPLICANT OWNER Virginia Beach YES NO [ SERVICE I PROVIDER(use addidonal sheets if] needed) n n Accounting and/or preparer of David Clarke,CPA your tax return Chesapeake,VA n X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ IXI the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 0 Z. purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ITV ❑ Construction Contractors Kelley Development Inc. nEngineers/Surveyors/Agents John E.Sirine and Associates,LTD Financing(include current Quicken Loans • ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nIX Legal Services Real Estate Brokers/ ▪ 0 Agents/Realtors for current and anticipated future sales of the 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 Jade Vacations, LLC. Agenda Item 25 Pane 15 Disclosure Statement 7k/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 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. Joseph Clark 1112(20 APPLICA 'V SIGNATURE PRINT NAME TE Page 5 of 7 Jade Vacations, LLC. Agenda Item 25 Page 16 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. Jade Vacations, LLC. Agenda Item 25 Pate 17 STR VICINITY MAP JADE VACATIONS, LLC. — 329 25TH STREET �4oa _ tee �.-�` y t e 1 , '1 \'----_...--_,-Iii_ / \*Al_____1_1_.\ '-____-\\p,' -11_,ey.. ,\--; ., '''\ Il � ir`.`I '\' Ste , t t --' � �grKst - t`g C--- le'''',' - ' .\-_‘:•,. • ,---ci ..::_/-1- ,\_____ --4) . t. str- -.,- Vsk"- - -----: . ..-_ , , -, , u., ttz:\ fos .--' . ..., ...- c,,---- 7__--_- 1_,- \ i. \,„ 'K.-h—`Scree ` ,,____— _- 7ovc..i .,_. ma's ti pt _______ _\ _...... ,..:,, ___---_,:, __ :________L_______ . ii--.‘\ - _ \ st4i ;,, � �.- ts ,. . _ � •,-�- ,.: am- STATUS l t tE ee \ .. -. S Approved ~-3, fit,'� , , 7- . y l 1 t � e " y � Denied t \ ca f\\ \ ir.o 1� + '`q_ d � 1 1� 1 , ti Under Review � _ , '!�1l t t --- 1 r,' Re istered J- S Y--�` . , 1 ak .-I ' 1-- ,-g��ee C A_- 1 The verbatim of the June 10,2020 Planning Commission meeting is provided below; however,the Planning Commission will consider the application on August 25,2020,again due to advertising error. Items#26. JADE Vacations,LLC[Applicant]Joseph Clark[Owner] Conditional Use Permit(Short Term Rental) 329 25th Street June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. 1 Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer,but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair : Commissioner Wiener your mic is now open. Mr. Wiener: I move approval of the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein : I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. 2 Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By a recorded vote of eight, for and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 329 25th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest and temporary passes 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 the allowed number of people who may stay overnight (i.e., number of bedrooms multiplied by 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' 4 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. Recommended Conditions Jade Vacations, LLC. 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. 5 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 6 FrA Paul Didier To: William N. Miller Cc: Tammy Didier Subject: Short Term Rental Permit Application for 329 25th Street Date: Saturday, February 29,2020 6:26:21 PM !CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments 'unless you recognize the sender and know the content is safe. Dear Mr. Miller, My wife and I are the owners of 327 25th Street, Virginia Beach, a unit in the Atlantic Place Condominium Association. I am writing in support of the permit application submitted by Joseph Clark, the owner of the unit immediately adjacent to ours, 329 25th Street. Joe and I have discussed his plans for short term rental of the property, and I have no reservations about his ability to manage his rental activities in full compliance with the terms his permit and the rules of our condominium association. Please feel free to call me if you have any questions. Thanks, Paul Didier 327 25th Street, Virginia Beach (703) 725-6360 w m z •``JI IN O O N 0 I N O I °O O O N O �ME _ %116\ r U 0 Ce \ 46 0 0 o y 2 .() 47. OCe , s Q — Ah is Av erne a lart •� in e ,\,,,), , . .:, II,„,,,.. ',•„. Y . 0 \ e-. 031‘ •i -- - Et o : r\ ro O p a)' a o >I J ) ,d.---- a in a NJ a co DC II" 1 1 0 , _.,,,01, 1w.' 0101 c ,,,,,c,,,, , u - CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: ANDREAS LOIZOU [Applicant & Property Owner] Conditional Use Permit (Short Term Rental) for the property located at 4005 Atlantic Avenue, Unit #102 (GPIN 24280514483760). COUNCIL DISTRICT — BEACH MEETING DATE: August 25, 2020 • Background: The applicant is requesting to operate a Short Term Rental in a one-bedroom unit within a 42-unit condominium development, Oceans II Condominiums, on property zoned Oceanfront Resort Form-Based Code District. This 14,500 square foot parcel is adjacent to the Atlantic Ocean. A portion of the condominiums were formerly a motel; however, all units were converted to multi-family dwellings. The maximum occupancy for guests on-site after 11 :00 p.m. for a one-bedroom Short Term Rental is three; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom. The applicant has also agreed to a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: This site is located at the oceanfront where Short Term Rentals are expected. In addition, the property abuts the public beach of the Atlantic Ocean and is at the terminus of the boardwalk at 40th Street. The surrounding area is a mixture of high- rise multi-family dwellings, hotels, and commercial uses. All of the 42 one-bedroom units are assigned one parking space in the condominium's parking lot. The minimum number of off-street parking spaces required for this use is one per bedroom, or one space in this instance. The applicant's parking plan depicts the specific off-street parking space assigned to this unit, thereby verifying that the minimum parking requirement is met. All other requirements of Section 241 .2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Further details pertaining to the application are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions Andreas Loizou Page 2 of 3 below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1 . The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Ave, Unit 102 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 multiplied by three (3)two (2)) 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. Andreas Loizou Page 3 of 3 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)one (1) 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) two (2) 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 DepartmentC tit City Manager: '' Applicant& Property Owner: Andreas Loizou Agenda Item Public Hearing:August 25, 2020 City Council Election District: Beach B 26 Virginia Beach Request Conditional Use Permit (Short Term Rental) p$1nst,eet i cob0y a o BaY - t Staff Recommendation ,c °,aa - \ Approval u \,° ° Ca Dri �Staff Planner ,� � %►` William Miller DO9woo r` dROade till Location a 4005 Atlantic Avenue, Unit 102 h iliii 4.0,0 GPIN o"Le i - \ 24280514483760 ---...,_ o T Site Size 4 st 14,500 square feet p''ew fo stn e et °°dRO y4 l , f. 341h street 33td St Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort Surrounding Land Uses and Zoning Districts '' North : - Multi-family dwellings/OR Oceanfront Resort :_ •.' :1 South �,` " ..› - k..dik 40th Street (Beach Pedestrian Access) Hotel/ - OR Oceanfront Resort e'__East . Public Beach of the Atlantic Ocean/OR ;. - "'. o w Oceanfront Resort s `` q�$ West 1� $ "dC v40t�street d.it f, Atlantic Avenue '• Multi-family dwellings/OR Oceanfront Resort '' . \1 Andreas Loizou Agenda Item 26 Page 1 Background & Summary of Proposal Site Conditions and History • This property is approximately 14,500 square feet and is located within the OR Oceanfront Resort Form Based Code District. • According to City records, this lot contains 42 condominium units and was constructed in 1976; however, part of the building was previously a motel that was constructed at an earlier date. No records were found documenting the construction year of the older part of the building. • The condominium development appears to have 42 assigned off-street parking spaces, or one space per dwelling unit. • On-street parking is not permitted on this portion of Atlantic Avenue; however, metered parking is available west of Atlantic Avenue in the 200 block of 40th Street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. • On October 8, 1973, City Council approved the expansion of an existing motel on this site.According to City records, the approval allowed the 30-unit motel to add an additional 13-units. One of the conditions required all units have at least one off-street parking space. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. Short Term Rentals in the Vicinity / Ali ilv,44\.3 fee, ‘-‘--‘: -.::::_ , A Li e 14:„., , ra( \ , "�,�. 1 e ,.._ _ \ � 4 . s ` � I ntr 10.;8T14TUs\ 1 11N4oVIO::0 --_,41 11 3:,—---I It- • Approved ` r T1 • Denied \\ ` �-_ Q Under Review ` , Q Registered , Andreas Loizou Agenda Item 26 Page 2 Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a one-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: 1 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 3 • Number of parking spaces required (1 space per bedroom required): 1 • Number of parking spaces provided on-site: 1 Zoning History °R # Request 1 CUP(Add 13 units to an existing 30-unit motel)Approved 10/08/1973 CUP(Short Term Rental)Approved 02/04/2020 — g CUP(Short Term Rental)Approved 02/04/2020 2 CUP(Condominium)Approved 12/18/1972 3 NON (Stockbroker's office)Approved 11/10/1980 1 ° 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 CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation This site is located within the resort area of the city; more specifically, the proposed Short Term Rental is part of the Oceans II Condominiums development.The surrounding area is a mixture of high-rise multi-family dwellings, hotels and other commercial uses. In addition, the property abuts the public beach of the Atlantic Ocean where Short Term Rental is to be expected. The applicant's parking plan depicts one required off-street parking space assigned to this unit. As permitted by Section 241.2(1) of the City Zoning Ordinance, the Zoning Administrator reviewed the parking plan and deemed it acceptable. Furthermore, the requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can be reasonably met by the applicant. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. Recommended Conditions Andreas Loizou Agenda Item 26 Page 3 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Ave, Unit 102 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 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. 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 multiplied by 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. Andreas Loizou Agenda Item 26 Page 4 14. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, August 9, 2020, and August 16, 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 August 12, 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 August 21, 2020. Andreas Loizou Agenda Item 26 Page 5 Site Layout & Parking Plan e ' tic ; ti OS ptlanik.i...,L,. r ` y >� : ,ffir 1:102• , l ,:1 1:,:..7..-,--i-i,-- ,...,_.-,-:-,.t,::'-_..__,.,.,..-:, a beach access :* ved pedestr _,.\ ,h et�ImPro 1� . Stre - N th Skeet ,0 - i r ' I \. A 1�.a dto i S_ ,a...- _,. sslgne 4`� — 7 " parking sPa�e A� Vnit 102 _ e s j,. f 4005 Atlantic i•- I i, NIS AT LA,,'- Si�g1i' � AVE 't ` i 1910 ATLANTIC i `..r I • AVE s '"1 T - , A A , f K4. 6 _ mow Y 4 'Itt *1$41111ir. 1 1 I �' 4005 Atlantic Avenue j 1 g k I H —: '\ i ,. t.. I . - 1 ,6, STREET 60' . 4005 Atlantic Avenue / 1-Bedroom Andreas Loizou Agenda Item 26 Page 6 Site Photos 1 1 - tea, g ,- _.,. , a_ sea 3 ' €.. is= mar . miiiliMINNa 44N,. ItiiiT ., 1 . -1-wri 111 IRI ? !i ! - u: s 1.. a. Assigned parking space for 4005 Atlantic Avenue, Unit 102 Andreas Loizou Agenda Item Page 726 Street View k PS AYat.0.re x j c.r - ,- - `_� d v Q _ Google Alik amnamg. a.pm. Street view from 2017 — There have been no known changes to the streetscape since this image was captured Link Andreas Loizou Agenda Item 26 Page 8 Disclosure Statement IB Virginia Beach APPLICANT'S NAME Andreas Loizou 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 • 0 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). 1E APPLICANT NOTIFIED OF HEARING DATE: June 11,2020 -WM ® NO CHANGES AS OF DATE: June 11,2020 -WM&August 12,2020 a REVISIONS SUBMITTED DATE: Wiuiavvt'MiIIe/' June 11,2020 WLu,Ia41 /vI let' -August 12,2020 Andreas Loizou Agenda Item 26 Page 9 Disclosure Statement NE3 Virginia Beach I( Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__LtaCtEMS 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 footnotes1 and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. gCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 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:__ rl CtICIS LOi2Ou If an LLC, list the member's names: Page 2 of 7 Andreas Loizou Agenda Item 26 Page 10 Disclosure Statement N/B Virginia Beath 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 I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership Interest In the other business entity,(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 Andreas Loizou Agenda Item 26 Page 11 Disclosure Statement "Vr3 Owner and APPLICANT Viretda Bent SERVICE PROVIDER(use additional sheets if YES needed) ® j Accounting and/or preparer of your tax return IA Architect/Landscape Architect/ Land Planner ® Contract Purchaser(if other than i the Applicant)-identify purchaser and purchaser's service providers 1 Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) _© Construction Contractors C [ Engineers/Surveyors/Agents Financing(include current C © mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services YZs teal Estate Brokers /le* nW AgentsTRealtors for current and SAL esrtTe Or►rs anticipated future sales of the (7" 6i z_3 t:? Qtz6 sublect_privcrty 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 Andreas Loizou Agenda Item 26 Page 12 Disclosure Statement Virginia Beath 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. s� ---� Nu f) s Loi2ov a/iiJac APPLICANT'S,SIGNATURE \ � PRINT NAME DATE Applicant and Owner Page 5 of 7 Andreas Loizou Agenda Item 26 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. Andreas Loizou Agenda Item 26 Page 14 N O 1- Z D w Z _�_ w f_ aU J_ s s Lr I— < ibli * k ..-- _____ ____ _ 1_:..oc7 - 0 �f�G 1 0 U. (' r t r r _ 0 --- ,..,___..........rill_c.:iiilag-r,_-(r-liveo. N "i� �.:401_,_ _ '1 _''� � .mow _� _1 1_,, :______4.:. • --... --0,__, .-1-11-Z te . %Ott' - 1 I pi,.,,,, '~ 1 .,. ..-..: • 6 -Q .-'.---iir > .0 Q1.- 1", IP) . , Air _ - -- ---- ,,,, , a i i a a - , , , . �'_,, • The verbatim of the June 10,2020 Planning Commission meeting is provided below;however,the Planning Commission will consider the application on August 25,2020,again due to advertising error. Items#27. Andreas Loizou Conditional Use Permit(Short Term Rental) 4005 Atlantic Avenue,Unit 102 June 10,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: Thank you. The next order of business is the Consent Agenda. There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda Items 1,2, 3,4, 5, 7, 8, 10, 11 with a minute condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight,City of Virginia Beach. Item eight is an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The planning commission places the following applications for conditional use permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241.2 of the zoning ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair, that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman, the floor is yours. Thank you. Mr. Inman: Thank you,Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. 1 Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that,it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wiener your mic is now open. Mr. Wiener: I may approval the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein, your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications, Agenda Items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Say, no hands raised. The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. 2 Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By a recorded vote of eight, for and zero against the following Items 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26,27,28,29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE • Oliver AYE Redmond AYE Wall AYE Weiner AYE 3 Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Ave, Unit 102 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 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. 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 multiplied by 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. 4 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. 5 ------- \ , -, / / . i gil A-12/ 0 #471mertN, v 0.44 # ��� 0 ‘ o''W 4111if # . , ii, N,, ,,NN 01,7 , . 0 411e =12k-12 , ' x, N::: k" .'''N , , 44#fr o 4 il A718 \1 / 1;II I 044,4te J47N > , / 0 40k / 404 ''''' 7--N. �� Site W , E Property_Polygons Prolific Properties, LLC . ►J_ 1047 Coastaway Drive S Zoning Parking Lot Drive Aisle Emzu=3Feet f D..H.4;.,,. 0 510 20 30 40 50 60 fr\LA `i. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PROLIFIC PROPERTIES, LLC [Applicant& Property Owner] Conditional Use Permit(Short Term Rental)for the property located at 1047 Coastaway Drive (GPIN 2417656259). COUNCIL DISTRICT— BEACH MEETING DATE: August 25, 2020 ■ Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for a 1,800 square foot parcel zoned A-12 Apartment District located in the Beach District. The site is developed with one, two-bedroom townhouse that according to City records was constructed in 1985. The maximum occupancy for guests on-site after 11:00 p.m. for a two-bedroom Short Term Rental is six; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or four total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. The applicant has also agreed to a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: This parcel is located in the Seabridge Square Subdivision which is developed with townhouse dwelling units. The layout of the typical townhome unit includes the parking between the front edge of the dwelling and the right-of-way. As such, the two required parking spaces for this two-bedroom unit are accommodated in front of the townhouse in the driveway. Due to the development pattern of the neighborhood, there is limited on-street parking available, but none-the-less, the parking requirement is met. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short Term Rentals can reasonably be met. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0 to recommend approval of this request; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Prolific Properties, LLC Page 2 of 3 Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1. The following conditions shall only apply to the dwelling unit addressed as 1047 Coastaway Drive 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 two (2)) 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. Prolific Properties, LLC Page 3 of 3 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)one (1) 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 ($1,000,000.00) underwritten by insurers acceptable to the City. 14.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15.The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) two (2) individuals per bedroom. 16.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Letter(s) of Support/ Opposition Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. • Submitting Department/Agency: Planning Department City Manager:60 Applicant & Property Owner: Prolific Properties, LLC Public Hearing: August 25, 2020 Agenda Item 411k1I City Council Election District: Beach 27 Virginia Beach Request Conditional Use Permit (Short Term Rental) Wwwf--" —` 264 c___/ Staff Recommendation Approval 0,St reef `' AmericusAvenue S 1— yea Staff Planner Carver Avenue „t.$ Sty' Summer Peebles Bloom Parkway — - et 0111 Location lit 1047 Coastaway Drive Loretta Lane �. Millers Lane 0 GPIN •---1_` Southern Boulev /—"2 - 2417656259 . "/T___„---c- Site Size Jackson Str 4 e c Oil 1,800 square feet Jensen Drive I. .. 10111 • �utttut Street___. treet— n.�W 1 Existing Land Use and Zoning District Townhouse/A-12 Apartment Surrounding Land Uses and Zoning Districts North r.r.r. Coastaway Drive ^ -' Townhouses/A-12 Apartment t South Apartments/A-18 Apartment n East Townhouses/A-12 Apartment West r ;.* Apartments/A-18 Apartment N , rJ N ,4,P s r � / .*; , _ y g.� ,; <` t Prolific Properties, LLC Agenda Item 27 Page 1 Background & Summary of Proposal Site Conditions and History • The site 1,800 square foot parcel zoned A-12 Apartment district and is developed with a townhouse dwelling. • City records indicate this townhouse was constructed in 1985. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is permitted 24-hours per day, therefore any overflow parking beyond the minimum parking spaces required could occur within the public street. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity .4nm.4,1,,,VIft., V/Ciz— , , _s, ii, anwil _____. i iiiii2=, --- - _,,. .,.... 1 . _______, _ Jaw Ammilost ,_ i _ . _ niiiiiiiiiz,°'""1 ,________, , .. :,-,i-cl, - It Boo `4r Aft 1 AIN 'IV.1 - i i i g I it 1 III ._ r , 49,„....4 wr,1 4'4 0,1 J ustri g ,AZ. 4 Of/ / t , It i". ••• -'' / , t< , Rao A.... A p ie. ji a f '4..,,..4_.% 4 r<. i •N 0 _STATUS F • t\ >=`, ' . Mewed r ,y-� __ --r. __ v, • Denied t �Ocean Pebbles * a' Q Under Review� �1.1 yt;p47/ie L11%7 S jQ Registered �,� . mar. .. !r. Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a two 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: 2 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 6 • Number of parking spaces required (1 space per bedroom required): 2 Prolific Properties, LLC Agenda Item 27 Page 2 • Number of parking spaces provided on-site: 2 i /�•z c Tom/ er � •• • No Zoning History to Report <411.-1''/ .!� i� 'mil S \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—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This parcel is located in the Seabridge Square Subdivision composed of townhouse dwellings.The layout of the typical townhome unit shows the required parking being accommodated in front of the dwelling between the home and the right-of-way. As such,the two required parking spaces for this two bedroom unit are on-site. Due to the development pattern of the neighborhood,there is limited on-street parking spaces available. All other requirements of Section 241.2 of the Zoning Ordinance pertaining to Short-Term Rentals can reasonably be met.There is no known opposition to this request. 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 1047 Coastaway Driveand 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. Prolific Properties, LLC Agenda Item 27 Page 3 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles,where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m.or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three(3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Prolific Properties, LLC Agenda Item 27 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 May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020 and August 16, 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 August 12, 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 August 21, 2020. Prolific Properties, LLC Agenda Item 27 Page 5 Site Layout & Parking Plan N/F �'cp HARRY SANDLER, ET ALS 1.0 p\ N4319'59"W 2.1' OUT - 18.00' STELE PED r 2.1' OUT ON UNE — 0.5. OUT i — 6' WOOD I FENCE6' WOOD 5' DRAINAGE ES1�'T M.B. 176 PG. 3 ON UNE • ON UNE 0 0 COMMON WALL --...., Q 0 0 0 - 0 W—COMMON WALL 2 =wnhous 0 LOT 60 d / _ , LOT 62 z 3 ••• 0.2' OUT o •,• LOT 61 ON UNE ui 2.5' W000 ~ : —: 0.1' OUT FENCE • ' . a-' • 91.36' TO CE EXTENDED 1 8.00' DH(S) Of' SEABRIDGE ROAD S43'19'59"E Coastaway Drive (FORMERLY SANDBAR DRIVE) Prolific Properties, LLC Agenda Item 27 Page 6 Site Photos , . . -v.., 1 .• _.f .-- , i A( _\ - , li----2.L -... - -A... • ' _..-- , i 104'h - ,— • . • -, ,1471,j-k,47-4.- al,-4-,, . At ---- (----11'''' r- ' t.. _ .. I ..-..,:, --'... --- -,•.---„,_.. .-, 4 ' i• . : ' • , --- --, ' e,'' ibk 0...;,..4- !'-rt' .agt,N. .A;pg• .: 4,-:-. ..,-- . - , ....w,-, *V '-'';,- , --. . ''''' ' . xi •••'•; ) • 4- -- ..-- / • •_. V- ,:.,. ritik • ' - • ,..... , .. . . • ... _. ."....-'---.. .2,4-:S .7.. • PP . .-. _.,-. - — rt-•., .- Prolific Properties, LLC Agenda Item 27 Page 7 Site Photos fit` I, cogIlk r--4- 1111 ,A, 44 `'i --.— ."_. i _ Nit/ /, r. I. r • ' ._ g It ,. iU-IBB!lila �` -t I • tSI . y* t • +, = ., Prolific Properties, LLC Agenda Item 27 Page 8 Disclosure Statement 4rr}uv.to ettva4,45 rtall6L 84814 e5 l 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 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 l of 7 Ari'1:r tt€a.€f -- 08/13/2020 ) �J „'r L*.- N 08/13/2020 1-ncr--R �b/e ❑ ftkV, r a.r. Prolific Properties, LLC Agenda Item 27 Page 9 Disclosure Statement • ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:___ ell!lf:I , t fi es LLC If an LLC, list all member's names: Avi.i-UvIcA F vin- S/McnA ihc„yKe,,,hbar- 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. DI Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN.complete the following. �p I- (A) List the Property Owner's name:_ ro I�U 1 Y° ^ t'�S Lit✓ If an LLC, list the member's names: A ..4,^,o 'ecwt1S I il'Kvvc� j rt'111" �1� c/ Page 2 of 7 Prolific Properties, LLC Agenda Item 27 Pape 10 Disclosure Statement . • •. . • - . . . • , . , • ,. , .. , 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 ppgrtting 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 Prolific Properties, LLC Agenda Item 27 Page 11 Disclosure Statement VB APPLICANT Virginia Reach YES NO SERVICE 1 I PROVIDER(use additional sheets if _( needed) I�I n Accounting and/or preparer of J�y ( fic t I your tax return J C f1 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Flthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed J purchaser of the subject property (identify purchaser(s)and ipurchaser's service providers) Construction Contractors JEngineers/Surveyors/Agents 00lr4tS S/rtleli h y Financing(include currentEli u>�n f mortgage holders and lenders Y selected or being considered to � La, provide financing for acquisition PA(&Ai3e P or construction of the property) nEl Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject ro ert 4 -.. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1 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 • Prolific Properties, LLC Agenda Item 27 Page 12 Disclosure Statement certify t at a o t e In ormatlon containedIn thisDisclosure 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. J _ APPLI ANTS SIGNATURE PRINT NAME DATE -44 4,it"Cfh (;dv):^ 00,a/6s1/4370 Page 5 of 7 Prolific Properties, LLC Agenda Item 27 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. Prolific Properties, LLC Agenda Item 27 Page 14 \ ' ----- `, 7'4' gi..fl/ '4* /,,, reirost"----- :',,,A-- �� ton-- `� ( ` , I/ '` ul ill 1 1 i ,,,,,___------1 .," tk.,. \ \\, -- ,---;-'3 ;,\NA' ,\\A-LN'vf \ ' ,- l'ie 11 1 1,, illlill 41I1P.44 1., \\'', ..—. __ ' \\\::: 7:6\,, , 0„,, .nt -wt. ,,, fri„ /4. ‘ \. dap sr ger iiiill ii lip: .1 __7;7:::::::_ 11, ! . I - /-1:(''.r' '4 rumilma ii. • will. 4 . 0 %>, ._.,..,--.- ..,1...._.., ON . ep . t • t: —�_ • f/1 1 -..4 '(>- (I! - 1 - \ . t -262:-. 1 i 1 —/ \ fl oad pr1 \ i lk----1-7:N ia __ _ ,r1 -cTfL.,- 47 - cji \00..i,, -��, / ,, rJ �t .„ pi�` or'N, . .\ / } < /kg- '' i -_ __ ci - � peo8 13a upii8 - illt O- iii[R i. 1 7.4i1.1-___H...11' it,>N1- 1 „1-----T- -''.' --- / .' 4% .. CU �___Gf - ...lc—_ ;' , ‘41)\ nNICegt n It O v / 4 _ ,\ _ a g o -- 000 The verbatim of the June 10, 2020 Planning Commission meeting is provided below; however,the Planning Commission will consider the application on August 25, 2020, again due to advertising error. Items # 29. Prolific Properties, LLC Conditional Use Permit (Short Term Rental) 1047 Coastaway Drive June 10, 2020 RECOMMEND FOR APPROVAL - CONSENT Ms. Coleman: Than k you.The next order of business is the Con sen tAgen da.There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion,the following applications will be placed on the Consent Agenda: Items 1, 2, 3, 4, 5, 7, 8, 10, 11 with amended condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31, 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight, City of Virginia Beach. Item eightis an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241 .2 of the Zoning Ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31 , 32, 33 and 34. Madam Chair,that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11 , 13, 14, 15, 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31 , 32, 33, and 34 are all on the consentagenda.Are there anyquestionsfromthe Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissionerinman,the floor is yours. Thank you. Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank. We do not have any loan approval function. And I do not 1 have any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Lan dfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thank you. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner In man the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission, so I will open up your mic for you to call fora motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Commissioner Wieneryourmic is now open. Mr. Wiener: I move approval of the consent agenda. Mr. Landfair: Staff opens the mic for you to call fora second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein,your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications,Agenda Items, 1 , 2, 3, 4, 5, 7, 8, 10, 11 , 13, 14, 15, 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31 , 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Seeing, no hands raised, the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. 2 Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Lan dfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman:By a recorded vote of eight,for and zero againstthe following Items 1 , 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31 , 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit the meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE 3 Weiner AYE Conditions: 1. The following conditions shall only apply to the dwelling unit addressed as 1047 Coastaway Drive and the Short Term Rental use shallonlyoccurintheprincipalstructure. 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 Permitfor a ShortTerm 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 numberof people who may stay overnight(numberof 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 numberof 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 notifythe new property ownerof requirements'a'through 'c'below. This information must be submitted to the Department of Planning and Community Developmentfor 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 DevelopmentShort 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 ShortTerm 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), 4 and a copy of anyapproved 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 ShortTerm 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 ShortTerm 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 extinguisherand,where natural gas or propane is present, carbon monoxide detectors shall be installed in each ShortTerm Rental. 5 From: Will Bauer To: Summer J. Peebles Subject: Permit for 1047 coastaway drive Date: Sunday,August 9,2020 7:22:32 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I am sending this to request a NO vote on the short term rental permit at 1047 coastaway drive(GPIN 2417656259)August 4th 2020 on these grounds:This is a neighborhood with families not a business district. There is no on street parking and this will only add to the parking problems we are dealing with already as each unit has two spaces.The school bus stops had to be moved out to the boulevard because with cars on every inch of curbing there is absolutely not enough space for a bus to safely operate in the neighborhood. People visiting residents are constantly parking in private driveways,even with numerous no parking signs. On top of that, nobody will tow the vehicles because there is no contract with home owners, been through this too many times. This permit will just increase these incidents. Resident parking permit stickers that are required in other oceanfront neighborhoods are needed in our neighborhood. If you come look for yourself on a weekday evening,you will see cars illegally parked on sidewalks,on corners,and in front of mail cluster boxes.This permit will benefit one person,the owner who bought it on a foreclosure,the residents will get nothing but negative effects and the children will be in danger with the increase of traffic throughout the neighborhood. I encourage the commission to vote NO on this permit and a unwanted transformation of a local neighborhood.The owner has already been short term renting for several months since he bought it,and has never lived in the neighborhood, is that legal?The police have been at this residence.Weeds are knee high in the yard.The permit sign is not up.Garbage is constantly piled up in the driveway. Parties late at night. Cars parked in the middle of the road. Nobody in Seabridge Square wants this permit to get approved, same goes for the permit the JCOC keeps trying to get passed time and time again.We bought our homes here becsuse it's a neighborhood, not because we wanted to live next to a hotel. Granting this permit is wrong under the rules that are in place that allows these owners that have no stake in our community to do whatever they want with no one policing any of it.This neighborhood and it's children have been negatively impacted by bad planning decisions for too long. It's time to help this community, the children,the residents and not special interest. Thank you,W. Bauer _b_r.------ -------°.\, 1117 5 IIilk A 36 R-5S 104174 4 to.°°-":_ io° et 110 Q) rA.. -- 13 4,IONS W suirroo..............11111. - 11111111H' A"--361___...„„,,,•a . , ,, , 11:0..° 11terraG ,, - 10.1 le.0171\ 1 1 11 114 \----- it,..... , R5 \ R-SAS o o 7 \\\ \Q �' 0 a0 \ R-5S, 0 1111 gig \ , u ,4-. \---3 V lit ilk \ CD 110;� ue orn 1 Illh�:� Ayer � - stor Salem _�� RT-1 '� War �=-� RT-3 R-58 .� , , 0 a‘wo. .. R=5S la N Site '�� ' �� John Keenan W• SJ.E Property_Polygons 410 Terrace Avenue Zoning S Parking Lot Drive Aisle . Feet I I Pi iii�inn 012.525 50 75 100 125 150 I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOHN KEENAN [Applicant& Property Owner] Conditional Use Permit(Short Term Rental) for the property located at 410 Terrace Avenue (GPIN 2427127696). COUNCIL DISTRICT — BEACH MEETING DATE: August 25, 2020 • Background: The applicant is requesting a Conditional Use Permit for a Short Term Rental for single-family dwelling on a 5,000 square foot parcel zoned R-5S Residential District. City records indicate that the single-family dwelling was constructed in 2017 and contains four bedrooms. The maximum occupancy for guests on-site after 11:00 p.m. for a four-bedroom Short Term Rental is twelve; however, the applicant is agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or eight total overnight guests, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. All required off-street parking is provided on-site; two spaces within a garage and two spaces on the driveway. • Considerations: This site is part of the Shadowlawn neighborhood at the oceanfront and is located approximately 0.3 miles from the public beach of the Atlantic Ocean. The four required off-street parking spaces are accommodated on-site. Two are located in the driveway in front of the home, and two are located in the garage. The property is located within the boundaries of the Residential Parking Permit Program, so while the Conditional Use Permit is active, parking passes issued for the dwelling unit through the RPPP will be limited to two for the residents of the dwelling, and guest permits associated with the Short Term Rental and temporary permits will not be permitted. All other requirements of Section 241 .2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met by the applicant. There was one speaker in support and one speaker in opposition at the Planning Commission public hearing. The opposition noted concerns related to transient occupants, the number of people permitted on site after 11 :00 p.m., noise, and possibility of disruptive events. Three letters of opposition were also received noting similar concerns. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. John Keenan Page 2 of 4 • Recommendations: On June 10, 2020, the Planning Commission passed a motion to approve this request by a vote of 8-0; however, due to an advertising error, this item is rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. . 1 . The following conditions shall only apply to the dwelling unit addressed as 410 Terrace Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 18-feet by 18-feet, contain a minimum 16-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times thrcc two (2)) 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. John Keenan Page 3of4 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10.There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23- 71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11 .All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31- 28. 12.Accessory structures shall not be used or occupied as Short Term Rental. 13.No signage shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14.The Short Term Rental shall have no more than two (2)one (1) 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) two (2) 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 John Keenan Page 4 of 4 is present, carbon monoxide detectors shall be installed in each Short Term Rental. • Attachments: Staff Report and Disclosure Statements Letter(s) of Support/Opposition Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department' i /(7p City Manager: gip Applicant& Property Owner: John Keenan Agenda Item Public Hearing: August 25, 2020 City Council Election District: Beach 28 , ,. ,,,, Virginia Beach Request Conditional Use Permit (Short Term Rental) Staff RecommendationApproval "`hs h street DOA '+ILIA_ _RIMr v.r 1, • Staff Planner orfdk Avenue -�-- a 9,h scree .-."S — street ° Summer Peebles ,o,h StreK t BOW h Street 9t . -- c Wei 9lh ,and Pvenue+� �, o t...... 1 Location _ MOe1awareAveor�' y 51 64 • 410 Terrace Avenue �`_ v`r91":,,,_aPye^uo rt e ^ Sth h P Pver'--_p Stt\west N OTC sw ^Ye 3 GPIN g- t \ 2427127696 to Site Size 1 F c. ....t �` 5,000 square feet / \ D o Existing Land Use and Zoning District F° Single-family dwelling/ R-5S Residential / i Surrounding Land Uses and Zoning Districts North Terrace Avenue Single-family dwellings/ R-5S Residential }e- r ' South ; „lb Single-family dwellings/ R-5S Residential iS ' -Itu �'#`.1\ 'A, East 34 Single-family dwellings/ R-55 Residential „ ;.- to - West - '\ • c Olt \'Pvenue it Single-family dwellings/ R-5S Residential y ' t jerrace a} M o- li t+� S. • , t ¢ Pvenue i i 1 �. 4 ' '�, " Wrr``°,safe :•-�.. ... ' €: John Keenan Agenda Item 28 Page 1 Background & Summary of Proposal Site Conditions and History • The parcel is a 5,000 square foot parcel zoned R-5S Residential district. • City records indicate that this single-family dwelling was constructed in 2017. • Staff inspected the site on March 6, 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. • No records of zoning violations relating to Short Term Rental use were found associated with the subject address. Short Term Rentals in the Vicinity Ys't- it— Tiro „1 i c ti"�j11 � v 211 a•. iii ' t% Street 11:* s , tee ( ( STATUS Under � • Denied Li Untler er Review � yy''��,, � 0 Registered Summary of Proposal The applicant submitted a Conditional Use Permit request to operate a four 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: 4 • Maximum number of guests permitted on the property after 11:00 pm (maximum 3 per bedroom): 12 • Number of parking spaces required (1 space per bedroom required): 4 John Keenan Agenda Item 28 Page 2 • Number of parking spaces provided on-site:4 _ -� L •,\ q • , RT-1 \c)-----• �S cliQA 6 .c-3� na Zoning History j�,,,o ""'"t` "rs a # Request l �i v 1 STR(4 bedroom Short Term Rental.)Approved 03/20/2018 , i.,_____A Qi,/, o, 0. Rig 2CRZ(FromR 5SResidentialtoRT 3ResortTourist)‘r:\SQ U--•--- bj,36P \ to x4""ue Q �� Q. " r o Approved 06/08/2004 RT-1 T3 T_3 \ �-A Application Types MOD—Modification of Conditions or CUP—Conditional Use Permit Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This site is part of the Shadowlawn neighborhood and is located approximately 0.3 miles from the public beach of the Atlantic Ocean.The four required off-street parking spaces are accommodated on-ste.Two are located in the driveway in front of the home, and two are located in the garage.The property is located within the boundaries of the Residential Parking Permit Program, so while the Conditional Use Permit is active, parking passes issued for the dwelling unit through the RPPP will be limited to two for the residents of the dwelling, and guest permits associated with the Short Term Rental and temporary permits will not be permitted. All other requirements of Section 241.2 of the Zoning Ordinance regulating Short-Term Rentals can be reasonably met by the applicant.Staff has received 4 letters of opposition. Based on the considerations above, Staff recommends approval of this request with the conditions listed below. John Keenan Agenda Item 28 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 410 Terrace Avenue and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. The garage space within the unit must remain a minimum of 18-feet by 18-feet,contain a minimum 16-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active, parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP)shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. John Keenan Agenda Item 28 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 • Staff has received 4 letters of opposition. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020 and August 16, 2020. John Keenan Agenda Item 28 Page 5 • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 12, 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 August 21, 2020. John Keenan Agenda Item 28 Page 6 Site Layout & Parking Plan I .I 9 C 1' (If Mk PIMA1' ,ter, � ` 1 •. tt; �`j tOK0 1 If !Ill k,-N (D 8 MO,PC 665) Olt 212/-12-415X I 7 •w:11[t (r9 1,I . 1311 1 q ,r oral.w1 1 ,, r.. r__ ... is 4 u, -r woo' .~- / sox . / aw orsx 01 //% s atilt ). abr i Single- r.! l ° family Dwelling . ' wi Q > '\ , 1 a INAIII fay. 1I7 11 ow r cow,item so\'', . I INN t% is /so 1 �. f :w ct - MT. PI IV na,E': T' SF P.N- . .16..,1 hL1' 1. 1..::a27-":f' . 4414, 1 DIY r i' 1 1 f+ NMI or— ar Pe sip se I 4=eicarnitostuar.a,far t:.. J y 070W*100 Terrace Avenue John Keenan Agenda Item 28 Page 7 Site Photos Fir--_-: . illtS-,1, " , UIII _ R , . , T ' -. '_ ...,, . , i ; a Garage Y-- M: --- - 2-spaces III i I 111 � II it 1 id ���,,,, _ � � �l I .._.., ;'1 1111111110111111 - w i ,: Driveway _ .# -"'� -o -. - .r = 2-spaces John Keenan Agenda Item 28 Page 8 Site Photos • .a. -1, t i-_ i - y:f-'- '-- - ipp . ® y+ ; } z ice ",: 'Google Ilet- NUB% • _ — —_ —!I _.fir n PIP John Keenan Agenda Item 28 Page 9 Site Photos - -- - r., t ' I t Nit Oil ..v: 3 IIIIIIIII,III • _ .. a ...# ,1 ,� _ � . - ii ... .._ + -. _: . , , . . ,,i. _ ,i• -, , _ .. . ....3 , . „ii -IL. •- ; ' - ------ 1 ! In 1 -- I f off ✓ 1.--........,--,_---__: ii 1 :r.., ,_.„.,,....„„, ,,,,.„ . . , \I A, .:gar '••- � �` r ' a John Keenan Agenda Item 28 Page 10 Disclosure Statement 1iI3 Virginia Beach APPLICANT'S NAME J6l,„ k<<.--,U,-, 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: Acquisitio of Property Disposition of City I Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Changes _Excep ntion for Investment Program (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 EUti(.i l Y USE ONLY/All disclosures must be updated two 121 weeks poor to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicatonls)doilp . �,/ ,l'�` APPLICANT NOT1rIED Or HEARING DATE 08/13/2020 SCI"n. ,,-- eebl a 1- fl NO CHANGES AS OF I. DATE 08/13/2020 ' SiM.res'PGG/7/t s _ REVISIONS SUBMITTED DATE John Keenan Agenda Item 28 Page 11 Disclosure Statement NiT3 Virginia Reach )( 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.io� Z (A) List the Applicant's name: ;31"1 r1 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 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. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 John Keenan Agenda Item 28 Page 12 Disclosure Statement .11/4)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 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(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 (ili) there Is shared management or control between the business entities. Factors that shouid 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 oaerating_or to bLe_ 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 John Keenan Agenda Item 28 Page 13 Disclosure Statement APPLICANT Virginia Beach 1 YES NO SERVICE PROVIDER(use additional sheets If needed) ❑X Accounting and/or preparer of your tax return (�/I Architect/Landscape Architect/ L�l Land Planner ® Contract Purchaser(If other than th�pIkant)-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 lyj Engineers/Surveyors/Agents Financing(include current n mortgage holders and lenders I xl selected or being considered to provide financing for acquisition or construction of the property) nLSJ Legal Services Real Estate Brokers / El [%} Agents/Realtors for current and t?�J 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 John Keenan Agenda Item 28 Page 14 Disclosure Statement vrginh Beach ®CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. A N-4S SIGNATURE PRINT NAME DATE Page 5 of 7 John Keenan Agenda Item 28 Page 15 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. John Keenan Agenda Item 28 Paee 16 Vy___ ,‘•.% — UP , , VI, .0° ___ ',' .---3- =-7--.k---77-"iiiiiiiii . --1 0 • 5:1 - 01 i . , , --7"--- --- TOP. \ 01° \' ,, , 4•04:: ,--- C , , ' 1 PO C 5? .6, i l'',111111.11111 '- 1 _ '•WI° k---- t---- , ' _--- / Di g.,) 'do 0 . ', ----)--t: '''"' - - . 0111A t • < III v __r_ , vs, .(1) fill r1?).4 a ill ,A,,,,,, :, ,,,,, , N. a < III 4011. it; P :, • ,__- __ at • s \ - ea.....A asio -\------- 0 IP i4-11-70001 0 _____,3 . wog 1:4•011 --\,- 1410.., 1100:I. ---7-...? - I'll''Ora lip 1;11,111111: , .. 1011 • P-- . 4 ''1\11601 ! 1 - -,-,--?.10r,---1 - 10%--- I.. '• '. , ,, '' V elit-- --- , 11.11.. 0 ....- . • ,_- __, ,, 1 ',- , _____-_-_-__ .0, it • ..?, OK --- -- ---i---- elk W 1.001111• ----- ... ' .-1 ..,_ .. .__-.... WO. .--'ISO ' r. ii_oit-• 4 - ---,,,, \ , .. .aim • ; . . .,. wir \ i __, 0___ ------- -....-:.;---.k ll I . 1 \ i--- :k.. . . '----- 1- --• I • COZ% \ 7 i -- ----000,---14'9' 0.....,. / - , _ -----4.,ft _ __------ 'A , -1• .. , . ( i _ __ ____ _--------------7. ....- ''',1 l'• \'• __--0-- __ -- _ . .....__ __—-Orr--- \, _ .. .....- ._.-----__-7-A .1,74 '•-•,4,,_______ .ri--2-. \\__ .. . . .e. __-----' -----___. P.--------r'----."11.,. /2.14, . -a, ..._ __• _-------;. --- ',---^X- ___,... P. --•-"------ .1. ------ -1, 1"-- _____,........„.....„5 ..._ CO ----I- __----- ---"'---------- lis ___--------- _____----- The verbatim of the June 10, 2020 Planning Commission meeting is provided below; however,the Planning Commission will consider the application on August 25, 2020, again due to advertising error. Items # 30. John Keenan Conditional Use Permit (Short Term Rental) 410 Terrace Avenue June 10, 2020 RECOMMEND FOR APPROVAL - HEARD Ms. Landfair:Madam Chair and members of the Planning Commission.The next order of business is the regular agenda.The presentation of the Regular Agenda is as follows. Statements by the applicant or applicant's representative followed by questions by the Planning Commission of the applicant or staff. Statements by any registered speakers followed by questions by the Planning Commission of the speaker or staff. Rebuttal by the applicant or applicant's representative followed by questions by the Planning Commission if desired of the applicant or staff and deliberation of the application by the Planning Commission with a motion followed by a vote. There are six items on the Regular Agenda items 9, 22, 23, 24, 25 and 30. Agenda Item nine, You Are Not Alone, LLC for Conditional Use Permit requests for Short Term Rental at 207, 79th Street Unit-C in the Lynn haven district. The applicant is Michael Hunt. Mr. Hunt has signed up to speak. Please provide a summary of your request and remember to identify yourself for the record and pause three seconds before speaking so that we can activate your microphone. Mr. Hunt you have the floor. Thank you. Mr. Landfair: Agenda Item 30 John Keenan for Conditional Use Permit request for Short Term Rental at 410, Terrace Avenue in the Beach district. The applicant is John Keenan. Mr. Keenan has signed up to speak, please provide a summary of your request, and remember to identify yourself for the record, and pause three seconds before speaking, so that we can activate your microphone. Mr. Keenan,you have the floor. Thank you. Mr. Keenan: Good afternoon, I would like to thank the Planning Commission for this opportunityto speak to you. I am John Keenan a retired US Navy Lieutenant Commander with 22 years of service, myself and my wife Robbie are graduates of Old Dominion University in Norfolk State University. We built this house three years ago with the intent intention to serve as our retirement home in the near future. We love Virginia Beach. We currently reside in San Diego, California, where I serve as president and CEO of 1 Southern California Anesthesia Services. Let me first say due to the corona virus pandemic I do not have any intention on using my house as a Short Term Rental this year for the safety of any occupants and my family. I am directly exposed to caring for these patients, so I would never want to put any individual at risk. My houses is valued at close to three quarters of a million dollars. My approach to using this house as a Short Term Rental is as a high end expensive rental catering to the more affluent renters. With that said, using a licensed realtor company to serve as property manager, I expect a higher caliber clientele to ensure my neighbors are not disrupted in any way. I pursued a Short Term Rental because my clients are still dispense significant amount of time at my residence. Again, thank you for your consideration. Mr. Landfair: Thank you. Are there any questions of the applicant by the Planning Commission? Staff acknowledges the virtual hand raised by Planning Commissioner Redmond. Commissioner Redmond your mic is open for comment. Mr. Redmond: No, I am sorry still butterfingers. Mr. Landfair: We have two speakers signed up to comment. The first speaker is Angela Ratliff,followed by Chris Wood. Note that you have three minutes to speak, please identify yourself for the record, and pause three seconds before speaking.Thank you. Ms. Ratliff: Hi there, my name is Angela Ratliff I live next door to Mr. Keenan. I have lived here for 20 years. The reason why I am speaking today is on behalf of most of the residents on the street have lived here for over 20 years, they are all mostly elderly over the age of 65. They are not, you know,technical savvy so they have asked me to please speak for them on their behalf today so I appreciate everyone's attention and listening to their concerns are, of course, the transientness of the people coming and going. No disrespect to the Keenan's, we do not know them very well. But they do have a lot of concern about the size of the home does occupya quite a few people and they are concerned abouthaving lots of people rentingtheAirbnb becoming a party house since it is so in such close proximity to, you know,the Ocean Front with the noise and the disturbance of the elderly folks on the street. So again,thank you foryourtime and I just wanted to speak on their behalf and our concerns. So, thank you. Mr. Landfair: Thank you. Are there any questions of Ms. Ratliff by the Planning Commission,if so, please raise yourvirtual hand.The next speaker is Chris 2 Wood. Note that you have three minutes to speak, please identify yourself for the record and pause three seconds before speaking.Thank you. Mr. Wood: Thanks again, this is a Chris Wood and I promise that this will be the last time you hear from me today. I have to tell you I really think this is a very unique property. I have known John and his wife Robbie for probably 30 plus years. They are phenomenal people,they are incredible professionals. John is very humble but he served our country for many, many years for more than 20 years and talking to him about what he has done with these Corona cases in California would really make you make you cry, it is amazing what he has done. I also think it is an amazing testament that this family lives in San Diego, yet has builta beautiful house in Virginia Beach, which is where they want to retire and I think that is a real testament to our city that he has builtthis beautiful, beautiful house in Virginia Beach for his family and lives in San Diego, so it is quite amazing. I think the other thing is very important is this home will not be a rental solely, earlier today we were talking about how the houses are built as businesses and that type of thing. And this couldn't be further from that, it will still primarily be their family's second home. They are going to employ a professional manage real estate company, Atkinson Real Estate to manage the Short Term Rentals. In addition to that, they also have a caretaker who comes by the house not even related to the Short Term Rental but the yard is absolutely beautiful it is a phenomenal property. And there's no way there will be a party house,John has so much invested in this house from the kitchens,to the outside,to the landscaping,to his personal toys and kayaks and things that belong to his family and his kids it will not be a party house I can promise you that. I also think the location is perfect as it is really close to the road walk in the fishing center and that has been. I just cannot say enough about the Keenans and their professionalism and their character to tell you that this will be a well-run facility. If you have any questions I am happy to answer them. Mr. Landfair: Are there any questions that the applicant by the Planning Commission. If so, please raise your virtual hand. Staff acknowledges the virtual hand raised by Commissioner Redmond. Commissioner Redmond your mic is open for comment. Mr. Redmond: It is not me, man. It is this thing, I apologize. Mr. Landfair: There are no more speakers Madam Chair, you have the floor Ms. Oliver for Planning Commission discussion and to entertain a motion. 3 Ms. Oliver: Great, thank you Bill. I am going to open the floor for discussion amongst the Planning Commissioners or entertain a motion at this time, if you will, please raise your hand for a comment or emotion on the staff will open up your microphone. Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Redmond, your mic is open for comment. Mr. Redmond: Madam Chairwoman I move approval of the application. Ms. Oliver: Do I have a second please? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Weiner as potential second. Commissioner Weiner, your mic is now open. Mr. Weiner: I second that. Mr. Landfair: Hearing a second a motion to approve the application has been made by Commissioner Redmond and seconded by Commissioner Wiener. Are any Planning Commissioners abstaining from the vote? The vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Inman. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. 4 Mr. Landfair: Mr. Weiner. Mr. Landfair: Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: I recorded vote of eight, for and zero against Agenda Item 30 is hereby recommended for approval by the Planning Commission,thankyou. Mr. Landfair: Madam Chairthatwas the last item on the agenda, the mic is yours. Thank you. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE _ Klein AYE Oliver AYE Redmond AYE Wall AYE Weiner AYE Conditions: 1 . The following conditions shall only apply to the dwelling unit addressed as 410 Terrace Avenue and the ShortTerm 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 unitmust remain a minimumof 18-feet by 18-feet, contain a minimum 16-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5 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 Permitfora ShortTerm Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(numberof 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 notifythe new property ownerof requirements 'a'through 'c'below. This information must be submitted to the Department of Planning and Community Developmentfor 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 DevelopmentShort 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 ShortTerm 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. 6 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No sign age shall be on-site, except one (1), four (4) square foot sign, may be posted on the building which identifies the ShortTerm 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 extingu isherand,where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 7 June 11, 2020 Dear Mr. Landfair, My name is Angela Ratliff and I own and have lived at 412 Terrace Avenue for twenty years, right next door to the 410 property up for consideration for conditional use rental. I attended and spoke yesterday during the hearing with the planning commission. Unfortunately, I was the only voice for the residents on my street which consists mostly of elderly, retired, long time homeowners on this quaint and quiet street. We all have a wonderful report among all of us with the exception of the property owners at 410. They have never made any attempts to introduce themselves to the majority of their neighbors over the three short years of visiting their vacation home. I mean no disrespect, I am simply giving you a glimpse of the overall consensus of the long time permanent residents on our street. We all look out for each other and want what is best for us. The 410 property is very large and can house up to 15 people at one time. For a weekly rental, this would be very disruptive for our quiet, elderly community. The five foot variance and the large scale of this home is already a sound issue, the home is imposing and practically on top of me. The noise of the number of house guests will most likely effect me greatly. The parking on the street is already an ongoing problem for us. Two cars cannot pass in different directions due to cars parked on the street. ( It now should be a one -way street) because the street is very narrow with updated drainage and sidewalks. A large majority of bar and wait staff park here along with residents and our visitors. We support them parking here as they keep out daily beach goers. The apron in front of our homes does not allow more than two automobiles without pedestrian infringement on the sidewalk between the apron and the driveways. My neighbor across the street has lived here forty years and is a caregiver for her handicapped granddaughter. She is very concerned with the number of cars and people. Another reason I wanted to reach out to you is to also express the fact that I failed to mention yesterday was that over half of the residents did not receive the notification from the city regarding the hearing yesterday, combined with the factor mostly all are elderly and not technical savvy when it comes to down loading, registering, and even emailing is difficult for a hearing regarding such a sensitive issue which will greatly impact the peacefulness and safety of all concerned. I guarantee you would've been receiving letters from them prior to this hearing. Some of which are writing letters to you now. Is the main objective by which this would be allowed is to satisfy one party, to whom of which isn't even a resident of the city or would it be in the best interest to protect most if not all long term residents who greatly oppose this motion? If we as residents don't stand up against this growing trend , how does the city protect the very charming accolades the residents long to reside? This is no longer about the residents, it then becomes prioritizing visitors. There are hotels for them. Which will also feel the financial impact of this growing trend if not carefully executed. My fear is there won't be a cap on how many short term rentals are allowed on our streets of the full time residents. Smaller dwellings are not as troublesome for conditional use. It controls the number of people which controls the noise, parties, and all else while maintaining a sense of charm, safety, and harmony with the residents and the visitors that come here. Thank you for your time and consideration regarding this matter. Angela Ratliff June 11, 2020 Dear Mr. Landfair and to whom it may concern, My husband and I have lived on Terrace Avenue on this block for 45 years. We are 70 and 81 years of age. I would first like to mention , I did not receive the letter regarding the hearing yesterday. Furthermore my husband and myself do not know how to use the internet and feel disadvantaged at having a voice. I wanted to speak, but having to register was too difficult for us. I have asked my neighbor to help me write this letter and submit it to you. I am concerned greatly about the possibility of the property becoming a short-term rental located three doors down at 410 Terrace Avenue. Here are the reasons of my concern; *1 = Most residents have two to three cars sometimes more when their children come home from college. *2= PARKING : Our street is too narrow for cars on each side for cars to pass. Four people have already backed into parked cars mostly belonging to residents due to the narrowness of the street. There is no egress for any first responders to drive down the street due to the over abundance of vehicles parked on this block Parking presents a problem on trash pick - up day. When we return home we can't park in front of our own home and sometimes have to park on other streets. In addition considerations for Rudee's Big Sam's Watermans and Rockefellar's employees utilize our street for parking in addition to daily beach goers, on top of the short -term rental traffic and cars. *3= The block already has one large home that is being used short term, but it is located on the corner near the apartments, and does not pose a problem for parking as they have ample parking for their guests for the size structure. These apartments are also being used as short term rentals. *4= How many homes will the city allow to become short-term rentals? Our voices must be heard now before this becomes an all to common practice among the Shadow Lawn neighborhood. Special consideration must be taken seriously regarding this matter. To conclude my letter of concern to you, I would appreciate special consideration for our concerns. Thank you for your time. Regards. Nancy and Wade Glosson Jeffrey and Sheila Stratton 408 Terrace Avenue Virginia Beach, VA 23451 (757) 287-5906 sheilastratton6@yahoo.com 6/11/2020 Mr. William Landfair Planning Evaluation Coordinator Planning & Community Development 2875 Sabre St., Suite 500 Virginia Beach, VA 23452 Dear Mr. William Landfair: We are writing this letter to provide some additional information regarding the City of Virginia Beach Planning Commission ruling for short term rental at the address, 410 Terrace Ave., Virginia Beach, VA 23451 (Agenda Item 30). Jeff and I were unable to attend the meeting but would like to state our stance on this issue. First and foremost, we do not want a short-term rental on our block. Most of the residents on our street are elderly and/or retired people. They are not tech savvy, not aware of the "new" way to protest such happenings. They are people who do not want short-term rentals on their quiet little street. These residents already feel traffic and parking is a huge problem. - Wade and Nancy, both of whom are in their late 70's, are longtime residents of over 40 years, they are a no. -Jim is 83, a retired Navy Veteran and resident of over 20 years is a no. - Bebe is 61, a street resident for over 40 years is a no. -Joyce is 82, does not want the traffic or the trouble. - Mike and Diane are both retired and do not want the traffic. -Jeff and Tommy have a small 3-year-old boy. Having a rental across the street would not be conducive for them. -Toya is 76, she and her family have owned the house for 20 years. She is a no. - Angie is 51 and has owned her home for 20 years. She is a no. Mr. William Landfair 6/11/2020 Page 2 - Stephanie, a widow, is a no. - Dave, age 68, his home has been in his family for 40 years he is a no. - Lisa and Russell recently purchased a new home on our block, they are a no. We have two long term rentals on our block, with the same residents year to year. Jeff and I built our home in 2017, right next door to the home in question. Jeff is a retired Navy Senior Chief, serving 21 years and then an additional 10 years as a government civilian at Damn Neck. We are small business owners. We are huge supporters of Sea Tac and kids in our community. We are firmly planted in Virginia Beach. We are not okay with a short-term rental being next door to our family home. A home that we built with the intentions of staying here for more than just a few years. We recently installed a pool in our backyard and are extremely uncomfortable with renters and the endless possibilities of undue stress that this could bring to us and the neighborhood. We specifically chose the lot on Terrace Ave for the quiet neighborhood. The community of Shadowlawn is our home. Please listen to the people who live here on a full-time basis. John Keenan is a full-time resident of California. John and his wife built their home at the same time as we did, with NO indication of a possible rental. We became close with them over the last few years, as their original intention was to eventually move here. We know circumstances change, but it now seems they are looking for a way to avoid taxes by making their house a business. Terrace Ave is not zoned for business use. We say NO! It is NOT fair to full-time residents. When you build a second home in a quiet neighborhood, you should be honest in your intentions. Our homes are awfully close to each other, so noise will be an issue and the streets are already a mess. Traffic in the summer is outrageous. NO short-term rentals, please respect the tax paying full-time residents! In closing, wouldn't it be conducive to listen to the voices of the full-time residents that all do not want a short-term rental on our block? Sincerely, Jeffrey and Sheila Stratton a.) w m �\ U o 1.--- z ,' o 0 I 0 � NIN Cy 1 N 06 o O \ rN \ s 1 U c J w O cuc 0 \\ \\\° \d I 0\ '0 ---,\‘ ' ' I; 44 0 _ \\*, • , ' tIcp'�e"ue 2 co ‘/---, - sue wi e • - - titan P d O N u) a CS)� �� T o ' \ >Tr A , � °' C Co ai7) i N a m0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LONGCREEK, LLC [Applicant & Property Owner] Conditional Use Permit (Short Term Rental ) for the property located at 4005 Atlantic Avenue, Units 110, 111, 210 & 212 (GPIN 2428051448). COUNCIL DISTRICT— BEACH MEETING DATE: August 25, 2020 ■ Background: This approximate 14,500 square foot property is zoned OR Oceanfront Resort District and contains 42 condominium units. The applicant is requesting a Conditional Use Permit for Short Term Rental use for three units. City records indicate that each dwelling contains one-bedroom. The maximum occupancy for guests on-site after 11:00 p.m. for a three-bedroom Short Term Rental is nine; however, the applicant is not agreeable with City Council's most recent Short Term Rental condition revisions that reduce the number of overnight guests permitted to two per bedroom or six overnight guest, as well as a revised condition that limits the number of bookings in a seven day period from two to one. These modifications are indicated in the conditions below by underlined and strikethrough text. The minimum number of off-street parking spaces required for the Short Term Rental use is one space per unit. These modifications are indicated in the conditions below by underlined and strikethrough text. • Considerations: The proposed Short Term Rental is located adjacent to the public beach of the Atlantic Ocean where Short Term Rentals are to be expected. The required parking is accommodated in a parking lot owned by the condominium association. It appears all requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. Seven letters of support from other owners within the applicant's condominium complex were received by Staff. There is no known opposition to this request. • Recommendations: On June 10, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0 to recommend approval of this request; however, due to an advertising error, this item rescheduled for the August 25, 2020 joint session of both the Planning Commission and City Council. As noted above, the conditions below have been modified to align with City Longcreek, LLC Page 2 of 3 Council's direction of limiting the maximum occupancy to two per bedroom and the number of rentals to one per week. 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Units 110, 111, 210 & 212. and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the Parking Plan illustration within the "Site Layout & Parking Plan" section of the Staff report, one off-street, all-weather, hard surface parking space is required and must always be available to the Short-Term Rental occupants renting the unit. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning, fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three two (2)) 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. Longcreek, 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) one (1) 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 ($1,000,000.00) underwritten by insurers acceptable to the City. 15.There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16.The maximum number of persons on the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) two (2) individuals per bedroom. 17.To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. ■ Attachments: Staff Report and Disclosure Statements Letter(s) of Support Location Map STR Vicinity Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department( City Manager: RV Applicant & Property Owner: Longcreek, LLC Agenda Items Public Hearing: August 25, 2020 29, 30, �' City Council Election District: Beach 31, & 32 Virginia Beach Requests # 29 - Conditional Use Permit (Short Term Rental) Unit 110 # 30 - Conditional Use Permit (Short Term hs„eet Rental) Unit 111 GoboY°`'e y # 31 - Conditional Use Permit (Short Term 4 �' 86, me 45hSt Rental) Unit 210 .+ ). G$h Street 4/c # 32 - Conditional Use Permit (Short Term cf •+_ Cavalier. - *3"dam Rental) Unit 212 ye DON IL Staff Recommendation °°°Rw. a UFO: Approval il mot .r.-- 11 \ Staff Planner t�4 Summer Peebles �., /� Location "N.° 10 �+� ,i,....„:;:,4 4005 Atlantic Avenue, Units 110, 111, 210& GIL?_ : � 212 GPIN 2428051448 Site Size 14,500 square feet • Existing Land Use and Zoning District Multi-family dwellings/OR Oceanfront Resort \ . .,,. .-,-• - '_ Surrounding Land Uses and Zoning Districts f North \ �-- Multi-family dwellings/OR Oceanfront Resort 4 7' y South -- 40th Street (Beach Pedestrian Access) Hotel A -t` ,_,,s«ee` `" ' /OR Oceanfront Resort fit. East Public Beach of the Atlantic Ocean/OR '�' Oceanfront Resort ' West ,1 ..: �s t et}� Atlantic Avenue Multi-family Dwellings/OR Oceanfront Resort Longcreek, LLC Agenda Items 29, 30, 31 & 32 Page 1 Background & Summary of Proposal Site Conditions and History • This parcel is approximately 14,500 square feet and zoned OR Oceanfront Resort District. • According to City records,this lot contains 42 condominium units and was constructed in 1976; however, part of the building was previously a motel that was constructed at an earlier date. No records were found documenting the construction year of the older part of the building. • There are 42 off-street parking spaces for each of the condominium units. • Staff inspected the site on March 6, 2020 to observe site conditions and take photographs for this report. • On-street parking is not permitted on this portion of Atlantic Avenue but metered street parking is permitted west of Atlantic Avenue • October 8, 1973 City Council approved an additional 13-unit expansion to the existing 30-unit motel on this site. • No past zoning violations were found on this property. Short Term Rentals in the Vicinity L5 ,6,U 4 ,,,,,,, , . _ . _ _,, , _ i \„, ,,, ,..:_, \, ...\,__..,r.,.", „ \ it .1% '--"Vo ,- 1� % Sr: ,� •�. __,I` �ttC STATUS �11/4 411%Ifi-- VISII ci_____,‘---0 • /Droved . jj i • Denied 1 '' Q Under Remy/,,. Q Registered 1 \ ty,- ttrA Summary of Proposal The applicant submitted four Conditional Use Permit requests to operate Short Term Rentals on the subject site. Each of the subject units is one bedroom.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. Longcreek, LLC Agenda Items 29, 30, 31 &32 Page 2 Unit 110 Unit 111 Unit 210 Unit 212 Number of bedrooms in the Short Term Rentals: 1 1 1 1 Maximum number of guests permitted on the property after 11:00 3 3 3 3 pm (maximum 3 per bedroom): Number of parking spaces required (1 space per bedroom 1 1 1 1 required): 4 spaces total required Number of parking spaces provided on-site: 4 total spaces provided 1 1 1 1 - ;� \ `- c - �� Zoning History 2\2 % a # Request 2 v 1 CUP(Add 13 units to an existing 30 unit motel)Approved 10/08/1973 �', CUP(Short Term Rental)Approved 02/04/2020 CUP(Short Term Rental)Approved 02/02/2020 2 CUP(Condominium)Approved 12/18/1972 C NON (Stockbroker's Office)Approved 11/10/1980 1.5 S\ at 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 proposed Short Term Rental units are located in the Oceans II Condominiums directly adjacent to the public beach of the Atlantic Ocean, where Short Term Rental use is to be expected. Two Conditional Use Permits for Short Term Rental use have previously been approved on the property.The surrounding area is a mixture of high-rise multi-family dwellings, hotels and other commercial uses.The applicant's parking plan shows that each unit has one off-street parking space dedicated to them, thus fulfilling the parking requirement. All other requirements of Section 241.2 of the Zoning Ordinance regulating Short Term Rentals can be reasonably met with this application. There is no known opposition to these requests. Based on the considerations above, Staff recommends approval of these requests with the conditions listed below. Longcreek, LLC Agenda Items 29, 30, 31 & 32 Page 3 Recommended Conditions 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Units 110, 111,210 & 212.and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the Parking Plan illustration within the "Site Layout& Parking Plan" section of the Staff report,one off- street, all-weather, hard surface parking space is required and must always be available to the Short-Term Rental occupants renting the unit. 4. This Conditional Use Permit shall expire five (5)years from the date of approval.The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints,violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person,who may be the owner, operator or an agent of the owner or operator,who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when,the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below.This information must be submitted to the Department of Planning and Community Development for review and approval.This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law,each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26,31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. Longcreek, LLC Agenda Items 29, 30, 31 &32 Page 4 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars($1,000,000.00) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 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 met with the Oceans II Condominiums Condo on February 18, 2020 to discuss the details of the request. A letter of support was provided to Staff by the Board of Directors as a result of this meeting. • The applicant reported that they met with the surrounding property owners, and no objections were raised. 7 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 May 11, 2020. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9,2020, and August 16, 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 August 12, 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 August 20, 2020. City Council • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 9, 2020 and August 16, 2020. Longcreek, LLC Agenda Items 29, 30, 31&32 Page 5 • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on August 12, 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 August 21, 2020. Longcreek, LLC Agenda Items 29, 30, 31 & 32 Page 6 Site Layout & Parking Plan 212 V. lit : . . •-\ ' •, 111 L Innt‘C Pk\lenUe .1.1 'I ' 40°5 1\t‘U . . 1 I• f's•I A.A. ,. ., , .. , - . -- n •1 \ , ..- : - Tway= • - - :V . .• -_-• ' • ' ' ' s•Y: ' ' - ' • '-----.1.- --77;-0.,.- , - ,•,, _ y._, _. - ' .. •‘1 „ - ,•, . - '',1 1?- -. . .• . cress) ...-- .. ,..... ,,.. _ _ 1 I. nroved Pedestrian Ilacil a(' 7.. . ,..., , ... . .,,, _ ._. ,, 51.- I -, • _,.....--------- , ott osi ,-, ..... , tfu I. 7 th treet Igo co . . .. . -..- ' .--- --- - '- '.' 0 W 1 , . • ned t° notes aSS‘g • 210 , 4 9 aii6CV6 Sr . me,Unas -it i ..._... . ,---- -,----- •x' - . - • 1 . ,• -- • „,laottc. 4005 r'' 01.2 , ill ‘ . ,. I "ZITIS ATLANTIC , , . ... • Ined 01.0 ts ' ,•• ''''E AVE N• - - '• I " fltstElfIA4 L.._1, ' .1i-- •"1E 4'ts-s I I ;,._,, , , csaildn"E"" 0,,?6, ME' s ,•" ", • • a A ' . . ..• E -"""' -' ''.'"' ' , ...ss fiLtiantIC .1 \•••••••• .. , . WO FA Jiliikrrr7li 1 , k , 40. ,,.0. .• itoo\u7.1 \ 1 ‘ Al sf,re, 1 '-' — .( :• ‘-&-. -1,:',::- - , • klri Al* _• .. '''' ,-. ' 1 ,,.' .. 3 '. ' 4005 Atlantic Ave. #110, 111, 210 & 212 — 1 Bedroom per Unit • :f. a) > I .7.7 . < ; ..1 . .. .1."' L.(2:3•-•. I---EN , / cr • • - ..,,_.,....x._ - .z..- — • - ,. ...., ohmanuc mg ed Longcreek, LLC Agenda Items 29, 30, 31 & 32 Page 7 Site Photos I it I i _- _ e'er . ' =` L _ . �. 1 ' � m_ r w ,r "41111414 'd fl Longcreek, LLC Agenda Items 29, 30, 31 & 32 Page 8 Site Photos ... f, , . • .., .. . -• - :''.'•'". V''.' ' - * ' ‘40,4.,. '• l' —1 -./ :. ,,,,,,t4L,•,-. . 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I -;-4111.4_ , ...,„ ... _ 4°-:--,-...... '-....--'..- .._11,-:&:1111.:' ' ',‘",..'.,_:-....I- ---- fir- [- ,_. ''' ' - Atv 'l i ilk' " 'I(' - l �ii lir ' .; L, ..,. _,.„ 1.1-''' .:14V-1.:',.:-.- f. .'1.;' - i-- 10-,t .. 4 / V......--.41-- 410 -, a ; -INIIIIIMMIMEgilm "1 K ',1i . __. s, 5, - -- -- /'' J Longcreek, LLC Agenda Items 29, 30, 31 & 32 Page 10 Disclosure Statement 11/4B Virginia Beach APPLICANT'S NAME�j,� Care �L 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/.AN disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council auoni:' APPLICANT NOTIFIED OF HEARING JAIL 08/13/2020 C) S()r �,,,, .- 4,1•/�/ ® NO CHANGES AS OF DATE 08/13/2020 `S {� REVISIONS SUBMITTED DATE S-��'"Y'+e•�- �Q{�jl{� Longcreek, LLC Agenda Items 29, 30, 31& 32 Page 11 Disclosure Statement 11/413 Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. lXCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Longcreek LLC If an LLC, list all member's names: Randall G. Tabor If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) .je`► I C . Tr (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) None See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ifpropertty owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IZ Check here if the PROPERTY OWNER ►S a corporation, partnership,firm, business,or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Longcreek LLC If an LLC, list the member's names:Randall G.Tabor Page 2 of 7 Longcreek, LLC Agenda Items 29, 30, 31 & 32 Page 12 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 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entityrelationship" means "a 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 Longcreek, LLC Agenda Items 29, 30, 31 & 32 Page 13 Disclosure Statement AB APPLICANT °Areal Beach PROVIDERtam addltio.ul s it YES NO 1- SERVICE needed) 1 n [XI Accountingand/or preparer of t 1 your tax return ❑ ® Architect/landscape Ardtitect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Co�r�ctiOn Contractors _ __ O/ 9w,46,/z_ i CAS A-. Gb,.s Z.•ttti^- ❑ m Engineers/Surveyors/Agents --- rancing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El IZI Legal Services ___ Real Estate Brokers/ _ -- _ _ n IX Agents/Realtors for current and anticipated future sales of the subject property -----S SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an offidal or employee of the City of Virginia Bead,have I1 an interest in the subject land or any proposed development 1 I 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 4of7 Longcreek, LLC Agenda Items 29, 30, 31 & 32 Page 14 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. l,l Randall G.Tabor 1/23I2024 APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Longcreek, LLC Agenda Items 29, 30, 31 & 32 Page 15 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. Longcreek, LLC Agenda Items 29, 30, 31& 32 Page 16 r -------------- \T-1.. \ .0.40 _1(w....-,--i, - • .?•• ,--ixt . t -6- ,---gd .4,, ..... 4 , _______ _______, ,------v- __ , i ,,_ , ,,____„__.___ _. ,....: ___, ... _\, , _\,. \__ ......._, ,____ „,„. .,..,, _ _._, , - -15,1...__ �ti .., .. ,\___ \ \ \...„A ram-- ._______ ,„ ,1° ��o ,aC• t - -� �� 1-qt.'.\.-\\,\----":::, / (-- ------- . ..c........,,,..\___--:-- -- ( . — ___ ��_ ;-- 1a 1 ` • . • / The verbatim of the June 10, 2020 Planning Commission meeting is provided below; however,the Planning Commission will consider the application on August 25, 2020, again due to advertising error. Items # 31, 32, 33, & 34. Longcreek, LLC Conditional Use Permit (Short Term Rental) 4005 Atlantic Avenue, Units 110, 111, 210 & 212 June 10, 2020 RECOMMEND FOR APPROVAL - CONSENT Ms. Coleman: Than kyou.The next order of business is the ConsentAgenda.There are applications that are recommended for approval by staff and the Planning Commission concur, and there are no speakers signed up in opposition. Based on this morning's discussion,the following applications will be placed on the Consent Agenda: Items 1, 2, 3, 4, 5, 7, 8, 10, 11 with amended condition number one as noted, 13, 14 with a new condition noted, 15 with a new condition, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31 , 32, 33 and 34. Thank you. Mr. Landfair: Thank you. The next item on consent is item number eight, City of Virginia Beach. Item eightis an ordinance to amend section 201 of the City's Zoning Ordinance pertaining to setbacks for in ground pools adjacent to the Atlantic Ocean. Both staff and the Planning Commission recommend approval of this ordinance amendment and since there is no opposition to these requests, the Planning Commission places it on the consent agenda. The Planning Commission places the following applications for Conditional Use Permit for Short Term Rental on the consent agenda, as they meet the applicable requirements for section, 241 .2 of the Zoning Ordinance. Staff and the Planning Commission support the applications and there are no speakers signed up to comment. Items 10, 11 with amended condition number one as noted. 13 and 14, with a new condition. 15 with a new condition. 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31, 32, 33 and 34. Madam Chair,that concludes the consent agenda, noting that items, 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33, and 34 are all on the consent agenda. Are there any questions from the Planning Commission. Staff notes that Commissioner Inman raised his hand. Commissioner Inman,the floor is yours. Thank you. Mr. Inman: Thank you, Bill. I need to disclose that I am an Advisory Board Member for Towne Bank.We do not have any loan approval function.And I do not have 1 any other conflict in this regard and I am permitted to vote, but I have made that disclosure and I will vote. Thank you. Mr. Landfair: Staff notes that Commissioner Coston raised his hand. Commissioner Coston, the floor is yours. Thankyou. Mr. Coston: John Coston just wanting to notify everyone that I am an officer at Item 18 and I am noted in the documents as an officer, but I will be voting. Mr. Landfair: Thank you. Staff noted that Commissioner Inman has raised his hand. Commissioner Inman the floor is yours. Mr. Inman: Thank you, Bill. I am not sure I noted that, it was item one that presents the Towne Bank issue. Mr. Landfair: Thank you. Madam Chair, staff does not see any further questions of the Commission,so I will open up your mic for you to call for a motion. Ms. Oliver: Thankyou. Do I have a motion? Mr. Landfair: Commissioner Wieneryourmic is now open. Mr. Wiener: I move approval of the consent agenda. Mr. Landfair: Staff opens the mic for you to call for a second. Ms. Oliver: Thank you. Do I have a second please? Mr. Landfair: Commissioner Klein,your mic is now open. Ms. Klein: I second the motion. Mr. Landfair: Hearing a second, a motion to approve the following applications,Agenda Items, 1 , 2, 3, 4, 5, 7, 8, 10, 11 , 13, 14, 15, 16, 17, 18, 19, 20, 21 , 26, 27, 28, 29, 31, 32, 33 and 34 by consent has been made by Commissioner Weiner and seconded by Commissioner Klein. Are any Planning Commissioners abstaining from the vote? Please raise your virtual hand. Seeing, no hands raised, the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Mr. Alcaraz. Mr. Alcaraz: Yes. Mr. Landfair: Mr. Coston. Ms. Coston: Yes. Mr. Landfair: Mr. Inman. 2 Mr. Inman: Yes. Mr. Landfair: Ms. Klein. Ms. Klein: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman:By a recorded vote of eight,for and zero against the following Items 1 , 2, 3, 4, 5, 7, 8, 10, 11 , 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 31, 32, 33 and 34 have been approved by consent with the condition changes noted on item 11 to remove unit 112-B and items 14 and 15 to indicate no vehicles longer and no wider than 18 feet. If you have an application that was on the consent agenda and your request will now be scheduled for an upcoming City Council Meeting, staff will contact you about that date. Feel free to exit the meeting if you like thank you for your participation and I will hand the meeting back over to Bill. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley ABSENT Inman AYE Klein AYE Oliver AYE Redmond AYE Wall AYE 3 Weiner AYE Conditions: 1 . The following conditions shall onlyapplyto the dwelling unitaddressed as 4005 Atlantic Avenue, Units 110, 111 , 210 & 212. and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241 .2 of the City Zoning Ordinance or as approved by City Council. 3. As shown on the Parking Plan illustration withinthe"Site Layout& Parking Plan"section of the Staff report, one off-street, all-weather, hard surface parking space is required and must always be available to the Short-Term Rental occupants renting the unit. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however,the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permitfora ShortTerm 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 ShortTerm Rental shall be permitted with more than the allowed number of people who may stay overnight(numberof 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 notifythe new property ownerof 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 DevelopmentShort 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. 4 8. To the extent permitted by state law,each ShortTerm 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 extingu isherand,wh ere natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. 5 William Miller Planning Department Virginia Beach, Va. 23452 I, Mike Bousquet,am the owner of a Condominium 305 located at 4005 Atlantic Ave.Virginia Beach, Va.23451,which is located near condominiums 110, 111,210, 212 at Oceans II Condominiums owned by Longcreek, LLC. Randy Tabor has made me aware that he is applying for a Conditional Use Permit, subject to the recent ordinances adopted by the City of Virginia Beach regarding short-term rentals. I am signing this Document below that I have no objections and do support him being approved for a Conditional Use Permit,which would allow him to rent out his units on a short term basis. 3 - /r-20 Mike Bosquet Date William Miller Planning Department Virginia Beach, Va. 23452 I, Gary Cole, am the owner of a Condominium 105 located at 4005 Atlantic Ave.Virginia Beach, Va.23451, which is located near condominiums 110, 111, 210, 212 at Oceans II Condominiums owned by Longcreek, LLC. Randy Tabor has made me aware that he is applying for a Conditional Use Permit, subject to the recent ordinances adopted by the City of Virginia Beach regarding short-term rentals. I am signing this Document below that I have no objections and do support him being approved for a Conditional Use Permit,which would allow him to rent out his units on a short term basis. Gary Co e Date William Miller Planning Department Virginia Beach, VA 23452 I, Linda Urgo, am the owner of an Oceans II Condo, 4005 Atlantic Avenue, Unit 107,Virginia Beach, VA 23451,which is located near the units owned by Randy Tabor (Unit Ws 110, 111, 210, 212). Randy Tabor has made me aware that he is applying for a Conditional Use Permit, subject to the recent ordinances adopted by the City of Virginia Beach regarding short-term rentals, and I am signing this document below to indicate that I have no objection to him being approved for a Conditional Use Permit,which would allow him to rent out his units on a short-term rental basis. Randy Tabor has always demonstrated a hands-on presence, attending to his units like the valuable assets they are. Lib 1 Owner Name- Linda Urgo Date Signed William Miller Planning department Virginia Beach,Va. 23452 I, Lisa Sinibaldi, am the owner of a Condominiun located at 3&00 Atlantic Ave.Virginia Beach,Va.23451, which Is located near condominiums 110, 111,210, 212 at Oceans II Condominiums owned by Longcreek, LLC. Randy Tabor has made me aware that he is applying for a Conditional Use Permit, subject to the recent ordinances adopted by the City of Virginia Beach regarding short-term rentals.I am signing this Document below that I have no objections and do support him being approved for a Conditional Use Permit,which would allow him to rent out his units on a short term basis. }& t&kd'L 11(49 I 4g-04-e) Lisa Sinibaldi 757' fro 337( Date William Miller Planning Department Virginia Beach, Va. 23452 I, Bruce Pensyl, am the owner of a Condominiums 203 located at 4005 Atlantic Ave.Virginia Beach, Va.23451, which is located near condominiums 110, 111, 210, 212 at Oceans II Condominiums owned by Longcreek, LLC. Randy Tabor has made me aware that he is applying for a Conditional Use Permit, subject to the recent ordinances adopted by the City of Virginia Beach regarding short-term rentals. I am signing this Document below that I have no objections and do support him being approved for a Conditional Use Permit,which would allow him to rent out his units on a short term basis. i/4-4 AVZ— Bruce Pensyl Date William Miller Planning Department Virginia Beach, Va. 23452 I,Tom Davis, am the owner of a Condominiums 205 and 118 located at 4005 Atlantic Ave.Virginia Beach,Va.23451,which is located near condominiums 110, 111, 210, 212 at Oceans II Condominiums owned by Longcreek, LLC. Randy Tabor has made me aware that he is applying for a Conditional Use Permit, subject to the recent ordinances adopted by the City of Virginia Beach regarding short-term rentals. I am signing this Document below that I have no objections and do support him being approved for a Conditional Use Permit,which would allow him to rent out his units on a short term basis. Tom Davis Date William Miller Planning Department Virginia Beach,Va. 23452 I, Suzie Olesko, am the owner of a Condominium 117 located at 4005 Atlantic Ave.Virginia Beach, Va.23451, which is located near condominiums 110, 111, 210, 212 at Oceans II Condominiums owned by Longcreek, LLC. Randy Tabor has made me aware that he is applying for a Conditional Use Permit, subject to the recent ordinances adopted by the City of Virginia Beach regarding short-term rentals. I am signing this Document below that I have no objections and do support him being approved for a Conditional Use Permit,which would allow him to rent out his units on a short term basis. / oZoav Suzie Olezko Date fill'i K. , / / Ill o it6, ...,„, h -,-.,' oop.. / , /7 ,' ..k, „-- , # c., -0 ..c. 0 K- --,,,, :f- ,,,, . / .it: / /B-4K B=4K B-4K / / 7 7' . >.-N / / Site E W ,\)Kempsville Volunteer Rescue Squad, Inc. wjJ' Property_Polygons s Zoning Parking Lot Drive Aisle m im. IN Feet 1- 1 n in 7n an nn Rn inn 1 9n ��u 1 ti.,,, .... irr..,..>„ i-iAlic s, si Z: .:.,:.:,..::::., CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: KEMPSVILLE VOLUNTEER RESCUE SQUAD, INC [Applicant] CITY OF VIRGINIA BEACH / 703 LOCAL GOVERNMENT [Property Owner] A RESOLUTION TO APPROVE A FREESTANDING SIGN IN ACCORDANCE WITH CITY ZONING ORDINANCE SECTION 905(F)(5) FOR KEMPSVILLE VOLUNTEER RESCUE SQUAD, INC. (GPIN 1466798351). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: August 25, 2020 • Background: This application was scheduled for the August 4, 2020 City Council public hearing but due to Tropical Storm Isaias that meeting was cancelled and the item rescheduled to August 25, 2020. This request is for the installation of a freestanding sign along S. Witchduck Road for the Kempsville Volunteer Rescue Squad. The Rescue Squad shares the facilities on site with the Virginia Beach Fire Department, Station #9. The site is located within the Historic Kempsville District. As specified in Section 905(f)(5) of the Zoning Ordinance, any freestanding sign in the Kempsville Historic District requires City Council approval. Additionally, the sign must be consistent with the general purpose and intent of the design provisions presented in the Historic Kempsville Area Master Plan and design standards approved by City Council. No freestanding sign is currently located on the site for the Volunteer Rescue Squad or Fire Station. The only sign along S. Witchduck Road is an older wood sign advertising the Ruritan Club, and this sign will be removed with the installation of the new sign. The proposed sign will be located twenty-seven feet from the property line adjacent to S. Witchduck Road. The sign will be constructed using a split face block base and brick columns capped with precast concrete pieces. The sign will be approximately eight-feet, nine inches in height and twelve-feet, seven and a half inches in width. The sign will display the name of the Kempsville Volunteer Rescue Squad. Station #9 will be displayed in one corner, and the date of foundation, July 30, 1951 , in the other corner. • Considerations: Although S. Witchduck Road accommodates a heavy volume of vehicular traffic, the Kempsville Fire Station#9 building is situated in a manner where it is not readily visible from the roadway. The proposed freestanding sign will provide increased recognition to the location of the Kempsville Volunteer Rescue Squad and Station Kempsville Volunteer Rescue Squad, Inc Page 2 of 2 #9. The design of the proposed sign is consistent with the architectural guidelines ideintified in the Historic Kempsville Master Plan, particularly in its use of brick with precast concrete caps. The size and location of the sign conform with all dimensional requirements of the City Zoning Ordinance. As the sign will be located twenty-seven feet from the property line adjacent to S. Witchduck Road, it will not have any negative impacts on visibility. Exhibits showing the location and appearance of the sign are included in the attached Staff report. ■ Recommendations: This item does not require consideration by the Planning Commission. Staff has recommended approval of this item. ■ Attachments: Staff Report and Disclosure Statements Location Map Resolution Recommended Action: Staff recommends Approval. ((-1c._) Submitting Department/Agency: Planning Department City Manager: 0 1 A RESOLUTION AUTHORIZING A FREESTANDING 2 SIGN IN ACCORDANCE WITH CITY ZONING 3 ORDINANCE SECTION 905(f)(5) FOR THE KEMPSVILLE 4 VOLUNTEER RESCUE SQUAD, INC. ALONG SOUTH 5 WITCHDUCK ROAD 6 7 WHEREAS, the Kempsville Volunteer Rescue Squad, Inc., (hereinafter the 8 "Applicant), located at 420 S. Witchduck Road (Kempsville District), is located in the 9 Historic Kempsville District which requires authorization from City Council to erect a 10 freestanding sign identifying the Kempsville Volunteer Rescue Squad location; and 11 12 WHEREAS, the Applicant has requested that it be allowed to erect free-standing 13 sign that will identify the Kempsville Volunteer Rescue Squad property; and 14 15 WHEREAS, the City Council finds that the sign is consistent with the purpose 16 and intent of the Historic Kempsville Area Master Plan and the City Zoning Ordinance. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the placement of the freestanding sign by the Applicant is hereby 22 authorized, upon the following conditions: 23 24 1 . When installed, the sign shall be installed in substantial conformance to the 25 location shown on the exhibit entitled: SIGN LOCATION FOR KEMPSVILLE 26 VOLUNTEER RESCUE SQUAD," prepared by Kimley Horn. 27 2. When constructed, the design of the sign shall be in substantial conformance 28 with the submitted exhibit entitled, "SITE SIGN DESIGN PLAN FOR 29 KEMPSVILLE VOLUNTEER RESCUE SQUAD." 30 All conditions of the Conditional Use Permit for an Open-Air Market dated June 31 16, 2015 are null and void and are replaced with the above. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning DepartureV, City ttor 's Office CA15118/R-1/July 19, 2020 1 KEMPSVILLE VOLUNTEER RESCUE SQUAD INC. Page 2 of 2 dimensional requirements of the City Zoning Ordinance. As the sign will be located twenty-seven feet from the property line adjacent to S. Witchduck Road, it will not have any negative impacts on visibility. • Recommendations: This item does not require consideration by the Planning Commission. Staff has recommended approval of this item. • Attachments: Staff Report and Disclosure Statements Resolution Location Map Recommended Action: Staff recommends Approval. Submitting Department/Agency: Planning Department City Manager:f k\O Applicant Kempsville Volunteer Rescue Squad Inc. Owner City of Virginia Beach / 703 Local Government lik113 City Council Meeting August 4, 2020 City Council Election District Kempsville Virginia Beach Request A resolution to approve a freestanding sign in accordance with City Zoning Ordinance Section 905(f)(5) for Kempsville Volunteer „ CPd(4'°�°26q Rescue Squad Inc. - , y s v t 1d1. 4T40, m Staff Recommendation � 1. 1 oi iti ,--. C.,1 0%0% � % 9 p °oi a°,d Approval '\a; s lyne R°ad n / 0°�,el s Staff Planner i Kevin Kemp Tt N Location 4i�+a. o,, "'� .,, 420 S. Witchduck Road w. / �` Princessfj GPIN$ ;T AnneRoad f�y Vestry Drive • O�J` 1466798351 ao�w� .v�*'�. n —i I e vie Site Size \a.,,d,chc°"" Farfield g 4 8,708 square feet tit se AICUZ \ '-j W`--... + Less than 65 dB DNL Watershed Chesapeake Bay ' ."-Virr' Existing Land Use and Zoning District Fire station and EMS facility/ B-4K Historic . Kempsville Area Mixed Use I . Surrounding Land Uses and Zoning Districts 1, r North 1 Office/ B-2 Community Business ,� South Kempshire Lane z Commercial/ B-2 Community Business ..,4r= East a Woodway Drive - } 3 Vacant Land/ B-4K Historic Kempsville Area "`` =__?'/ �r �P L Mixed Use c5P �� ` West S. Witchduck Road Commercial/ B-2 Community Business , I Kempsville Volunteer Rescue Squad Inc. Page 1 Background & Summary of Proposal This application is for consideration of the installation of a freestanding sign along S.Witchduck Road for the Kempsville Volunteer Rescue Squad.The Rescue Squad shares the facilities on site with the Virginia Beach Fire Department, Station#9.The site is located within the Historic Kempsville District.As specified in Section 905(f)(5)of the Zoning Ordinance, any freestanding sign in the Kempsville Historic District requires City Council approval. Additionally,the sign must be consistent with the general purpose and intent of the design provisions presented in the Historic Kempsville Area Master Plan and design standards approved by City Council. No freestanding sign is currently located on the site for the Volunteer Rescue Squad or Fire Station.The only sign along S.Witchduck Road is an older wood sign advertising the Ruritan Club, and this sign will be removed with the installation of the new sign.The proposed sign will be located twenty-seven feet from the property line adjacent to S. Witchduck Road.The sign will be constructed using a split face block base and brick columns capped with precast concrete pieces.The sign will be approximately eight-feet, nine inches in height and twelve-feet,seven and a half inches in width. The sign will display the name of the Kempsville Volunteer Rescue Squad. Station#9 will be displayed in one corner, and the date of foundation,July 30, 1951 in the other corner.The design of the sign is consistent with other City facitiies and was modeled after the recently installed sign at Bayville Farms Park. B�K B-2 jar R6 Zonin History g .//// ® # Request 4 � BdK 1; 1 REZ(B-2, R-5D to B-4K)Approved 08/27/2013 $ / �� 2 REZ (B-2,0-2, R-10, R-5D to B-4K)Approved 06/21/2016 j , . I r 6 1 B4K +' B•2 t-IK B.p 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 Although S. Witchduck Road accommodates a heavy volume of vehicular traffic,the Kempsville Fire Station#9 building is situated in a manner where it is not readily visible from the roadway.The proposed freestanding sign will provide increased recognition to the location of the Kempsville Volunteer Rescue Squad and Station#9.The design of the proposed sign is consistent with the architectural guidelines ideintified in the Historic Kempsville Master Plan, particularly in its use of brick with precast concrete caps.The size and location of the sign conform with all dimensional requirements of the City Zoning Ordinance.As the sign will be located twenty-seven feet from the property line adjacent to S.Witchduck Road, it will not have any negative impacts on visibility. Based on these factors,Staff recommends approval subject to the conditions below. Kempsville Volunteer Rescue Squad Inc. Page 2 Recommended Conditions 1. When installed,the sign shall be installed in substantial conformance to the location shown on the exhibit entitled, "SIGN LOCATION FOR KEMPSVILLE VOLUNTEER RESCUE SQUAD," prepared by Kimley Horn. 2. When constructed,the design of the sign shall be in substantial conformance with the submitted exhibit entitled, "SITE SIGN DESIGN PLAN FOR KEMPSVILLE VOLUNTEER RESCUE SQUAD." 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. Kempsville Volunteer Rescue Squad Inc. Page 3 Proposed Sign Location tihoAD -.----- e_._ ---------___:, _ -__ — ----,-- _ --- - I-7—— lir otCH DI i l N V1111110411;----..- .."..* _.......... ''''''''......,.....................................„,...„ ------ , , PROPOSED SIGN LOCATION 1 - --------E--------i, 'Ann ---- --' N ) l' •--•_ e , i/f., ::'. /i—• urkirr , --.__., _ -.......-...- . • . •. / 11.... .• '.. INSET I" SIGN LOCATION FOR NOTE:LOCAT1OAI Or UNDeRGROAD KEMPSMAIE VOLUNTEER RECCUP Sa., UT/witsARE SHAY*AS DtSiGNED. Kimley*Horn ACTUAL MD LXArtoot 4M,VARY. CID'OF VIRGINIA REACH . • . . t -',- ..., DEPARTMENT OF PARKS AND P,:-Pr.I DESIGN AND DEVEUDPMr r. Kempsville Volunteer Rescue Squad Inc. Page 4 Proposed Sign Design 12'-72- r , ��. 1 5Kt „,,„, ttile \ �IUIIteet R t is S�IuadI 1 1 1 . I 1 1 1 � 1 I _i ' It i, 1 1 1 -08 .L _._�__ 1 11 I � 5 OF V iN _ LE I-TIERS , 1 1 1 6 Eat: L 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , _ Iill I_ I I I � I , � I • 1 I II I 4 If I I I I I ' I , I I _1 1 1 I 1I I _ I 4 I , ` 4 1 -6' + • F 4 + d a • 4 1 a a, I4 - i • °• i a _ ! 1 4 e _ 4 14'-24' A ` _I O I RurMit MAIM [soNb .-If N. Kempsville Volunteer Rescue Squad Inc. Page 5 Example of Similar Sign ... , .41,,itt,4, , , —6NN"\*'--; , '' '' : . - , , .$ . t om€ 0` `i g 't* t q 't . • ,. . e' # s *` . _% t / ----` e .: % Bayville Farms Park . :- lf 1 4 .! - 1 7 + - 2............rwmt ill ,, , ---_----- YEAR! p NEW PARK . ,„it ir.14,.....,,,,I,#;;:T--t,-_-k 'i A,-,i. €� �' •� ems.. -5a !{� €t Y• i �# €� 1� s,a � � �.. �'-;'.4*5',.-..‘it--;,-;;..;.-_ - r x . Kempsville Volunteer Rescue Squad Inc. Page 6 Disclosure Statement \A:3 Virginia Beach APPLICANT'S NAME KEMPSVILLE VOLUNTEER RESCUE SQUAD 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 I ' -- Page 1 of r � Kempsville Volunteer Rescue Squad Inc. Pane 7 Disclosure Statement \13 Virginia Beach • Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: RS _____________ 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) SEE ENCLOSURE 5, PAGES 1+2 (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) NA 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 Kempsville Volunteer Rescue Squad Inc. Pace 8 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 Kempsville Volunteer Rescue Squad Inc. Page 9 Disclosure Statement V3 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 y or committee in connection with this Application ( �� � t, THOMAS F KIERNAN 6/30/2019 APPLIC 5 SIGNATU E PRINT NAME DATE J Page 5 of 7 Kempsville Volunteer Rescue Squad Inc. 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KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X 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? Property is owned by the City of Virginia Beach Page 6 of 7 Kempsville Volunteer Rescue Squad Inc. Page 13 Disclosure Statement 1113 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. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Kempsville Volunteer Rescue Squad Inc. 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. Kempsville Volunteer Rescue Squad Inc. Pane 15 � � ,r. ate.. �-.�-`,r\ "' 4 -, '� �' /, .,/ i 0 e/1 ,:._ '------' .\'--:-_‘ ' -""ot JAI ' B B-4 .1/"/°./ d e . : r- ,_----\B% fri, y todr , r, 1 �-, ,,, ' ..\'.< 11 -- 7.' Ar, \ torjeir , 0 _. , / / ,‘V.,]\11 _ [374 i . �B 4 B0 .....,,A . B24i zu--_-_-_-.--:34n ,\\---\ ,_ ,,,,_.,,A\ -,_ \ u__ , ,, VI 4 ' ,/ A" til ,,g43t z ' \ \ _.---, ti./17,0 --- c--_\ '-'-' - ,,,,,,, \_... --,,,,,,,..t61., its. \__,, _,-.2\,, ,c____,. F,9,0,A; , ,v, 0, „.3,,,_, ,, s ,,,,,i . \__J , --o\,._ lit.% .., CO.; 04 / • , --- r_.--:_______ (a 0 V\ ' . , 0 , 1:10 , __.\-. \ V.I.- roo i 1. 5 --- 0:1 'BL=4 � ` shore Dwe 0 r;'-`\ v . _�,�2 '' \.\\ .\' % B—2 .g-4 B 2� c y C 5o . .'' -- '' -'S '`\'' \k,11-4,-, , •\-' ---\ sr.'i3 A '''' • R- EY 4 Site �`C1 i_ Property_Polygons Westminster Canterbury on Chesapeake Bay '1 Zoning 3100 Shore Drive S ginParking Lot Drive Aisle - el Fee Building 062.925 250 375 500 625 750 C ''iNu6E,, ?!i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WESTMINSTER CANTERBURY ON CHESAPEAKE BAY [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Home for the Aged, Disabled & Handicapped) for the properties located at 3100 Shore Drive (GPINs 1590004510,1590100553, 1590101535, 1590102542, 1590009984, 1590009705, 1590100956). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: August 25, 2020 • Background: At the August 18, 2020 informal session, the City Council agreed to defer to the item to a Special Session on September 22, 2020. The application was scheduled for the August 4, 2020 City Council public hearing, but due to Tropical Storm Isaias that meeting was cancelled, and the item rescheduled to be considered on August 25, 2020. The applicant has requested a deferral of this item; however, since the item was advertised for a City Council meeting, the City Council must grant the deferral. In 1977, a Conditional Use Permit was granted to the property for a Home for the Aged, Disabled and Handicapped to operate a continuing care retirement community. Two modifications to the Conditional Use Permit have been granted since then. The first in 1998 allowed the construction of a 14-story building containing 164 independent living units bringing the total unit count to 627. The second in 2008 permitted the construction of an additional parking structure for a net gain of 142 parking spaces for the campus. The applicant, Westminster Canterbury on Chesapeake Bay (WCCB), now proposes an expansion of the independent living, assisted living, and memory care facilities, which requires a Modification to the existing Conditional Use Permit. The expansion includes incorporating adjacent properties into the campus for the construction of two buildings, a 22-story independent living building and a seven- story healthcare building. These buildings will contain up to 217 independent living units, 75 assisted living units, and 48 memory care units. The expansion will result in the redevelopment of several properties adjacent to the campus that are now owned by the applicant including the Casa del Playa Condominiums, the former Lynnhaven Fish House Restaurant and the Lynnhaven Fishing Pier, and a surface parking lot along Ocean Shore Avenue. Westminster Canterbury on Chesapeake Bay Page 2 of 5 In addition, two elevated pedestrian bridges are proposed over Ocean Shore Avenue and Starfish Road to provide indoor connections between the proposed buildings and the facilities on the existing WCCB campus. The applicant also proposes to relocate the existing 20-foot wide public beach access easement from its current location at the intersection of Ocean Shore Avenue and Starfish Road to the northeastern property line to accommodate the construction of the independent living building. Both the encroachment into the right-of-way by the pedestrian bridges and the relocation of the beach access easement will require authorization by City Council at a later date. • Considerations: The request is consistent with the Comprehensive Plan's goals and policies for the Suburban Area Bayfront Community, adjacent to the Shore Drive Corridor Focus Area. These goals and policies include the preservation and protection of the character, economic value, and aesthetic quality of established neighborhoods. The Shore Drive Corridor Plan, which is adopted by reference as an amendment to the Comprehensive Plan, is more specific about goals. It calls for protecting, restoring and enhancing the Shore Drive corridor and encouraging development and redevelopment of the corridor as an attractive residential community. In Staffs view and the Planning Commission concurred, the proposal is generally reflective of the vision set forth in these plans through the use of high quality architecture and building materials, and an attractive well-designed proposal while expanding senior housing and care options. Consistent with the Shore Drive Corridor Design Guidelines, the articulation proposed on the new buildings' facades will provide visual interest and incorporate wall plane projections and recesses to break up the expansiveness of the exterior. The exterior colors will be low reflectance and subtle. The existing circulation pattern will remain essentially the same. According to Traffic Engineering Staff, the proposal will not result in an increase in average daily trips (ADT) over the former land uses on these sites that included a 10,300 square foot restaurant (Lynnhaven Fish House) and 30 multi-family units. In fact, the evaluation indicates the potential for a slight decrease in ADTs. A reconfiguration of the surface parking lot on the main campus and a secondary lot adjacent to Starfish Road will increase the yield of surface spaces to 210 spaces. The proposed garage that will primarily serve the new independent living building will have 399 parking spaces and the new healthcare building will have 55 surface parking spaces. This parking combined with the 432 structured parking spaces on the main campus yields a total of 1,096 parking spaces, exceeding the minimum requirement of 774 spaces. Given that the existing condition of the property to be redeveloped is primarily impervious, the proposed improvements will not result in a significant change to the amount of stormwater runoff generated by the development. The applicant is considering Low Impact Development options to reduce runoff and pollutant loads. Westminster Canterbury on Chesapeake Bay Page 3 of 5 These options may include infiltration of stormwater by bioretention, permeable pavers, and rain gardens. The stormwater management plan will be reviewed in detail during final site plan review. In response to potential issues related to shadows cast by the new buildings, the applicant submitted a comprehensive shadow study that described that the greatest impact to adjacent properties will be to those to the east during the afternoon hours between the months of February and October. During the summer months, the shadow impact will be considerably less. The Federal Aviation Administration (FAA) conducted an aeronautical study and determined that the proposed 22-story, 250-foot tall building will not exceed obstruction standards and will not be a hazard to air navigation. There is no building height maximum for structures in the B-4 District, other than meeting the FAA requirements, per Section 904(d) of the Zoning Ordinance. As the 22-story building is designated for independent living (those without mobility limitations), it is essentially an apartment building and as such the City Fire Marshall has no objections to the height. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. The applicant met with the Bayfront Advisory Commission, the Senior Housing Advisory Committee, as well as with several civic leagues and community groups. The application was considered by the Planning Commission on March 11, 2020 at which time they passed a motion by a recorded vote of 5-2, with 1 abstention, to recommend approval of the request. For that hearing, Staff received 50 letters of support and 47 letters in opposition, all of which were forwarded to the Planning Commission. There were 24 speakers in opposition at the public hearing. Those opposed expressed concerns regarding a perception with a lack of conformance with the goals and policies of the Shore Drive Corridor Plan; displeasure with the proposed building height and density; the potential of increased traffic and inadequate amounts of parking; fear of wind shear and shadow impacts; and, inadequate stormwater management. Following the March 11, 2020 Planning Commission meeting, the applicant revised the conceptual Landscape Plan to shift the eastern façade of the independent living building towards the west, away from the adjacent multi-family condominiums to the east, by 15 feet on the ground level and 11 feet on levels 2- 5. This results in an increased building setback from the eastern property line of 61 feet at ground level and 57 feet for the upper floors. In addition, the service area for the building has been redesigned to confine trash operations behind doors with walls and ceilings lined with sound attenuation panels. To further improve sound attenuation, an eight-foot tall masonry wall is now proposed along the eastern property line. The applicant has offered an additional condition since the March Planning Commission hearing, Condition #9, to ensure that the masonry wall be constructed as described and that the effects of the dock area and trash bays for the independent living building will be adequately mitigated for the benefit of the Westminster Canterbury on Chesapeake Bay Page 4 of 5 adjacent residents to the east. Finally, the elevated bridge over Starfish Road has been reduced in length and the bridge over Ocean Shore Avenue has shifted slightly to the north. As a result of the modifications to the proposed layout and building elevations, revised documents were submitted and Conditions #3 and #4 below updated to reflect the new dates of the documents. While the applicant did not provide an updated Site Plan as it remains in substantial conformance with the changes described above, should the City Council approve the request, it has been made clear to the applicant that the Conceptual Landscape Master Plan, dated July 21, 2020 and referenced in Condition #4 below, will be the guiding document used by Staff during plan review. • Recommendation: On March 11 , 2020, the Planning Commission passed a motion to approve this request by a vote of 5-2, with 1 abstention. 1. All conditions except for Number 1 attached to the Conditional Use Permit for the Home for the Aged, Disabled, and Handicapped dated June 9, 1998, shall remain in effect. 2. The Property shall be developed in substantial conformance with the conceptual site plan entitled "SITE PLAN - CUP", dated November 8, 2019, and prepared by D2 Architecture (the "Site Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The quality of architectural design and materials of the buildings to be constructed on the Property, when developed, shall be in substantial conformance with the exhibit prepared by D2 Architecture, entitled "ELEVATIONS - CUP", and dated June 15, 2020 October 31, 2019 (the "Elevations"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. 4. Landscaping installed on the Property, when developed, shall be in substantial conformance with that shown on the exhibit prepared by WPL, entitled "CONCEPTUAL LANDSCAPE MASTER PLAN", and dated July 21, 2020 January 24, 2020 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. 5. The Property, when developed, shall not exceed a total of 674 Independent Living units, 75 Assisted Living units, 48 Memory Support units, and 108 Skilled Nursing units. Total parking provided will be 1 ,096 parking spaces. Westminster Canterbury on Chesapeake Bay Page 5 of 5 6. Prior to the approval of the construction plans, the applicant shall obtain City Council's approval for the encroachment of the proposed pedestrian bridges over Starfish Road and Ocean Shore Avenue. 7. Prior to the approval of the construction plans, the applicant shall have obtained the approval of City Council to relocate the existing public beach access easement from its current location at the eastern terminus of Starfish Road to the proposed new location along the applicant's northeastern property line. 8. The applicant shall be responsible for any access improvements deemed necessary by Public Works/Traffic Engineering Staff, upon completion of the review of the submitted traffic impact study. 9. The independent living building, when constructed, shall have a dock area and trash bays which are fully enclosed with doors and include heavy duty sound attenuation panels lining the walls and ceilings inside the dock area. In addition, an eight foot tall masonry wall lined with brick and supplemented with additional landscaping shall be installed opposite the dock area, along the length of the eastern property line. The exact species of the various types of landscaping along the wall shall be determined at final site plan review. • Attachments: Deferral Request of Applicant Staff Report and Disclosure Statements Revised Conceptual Landscape Master Plan, dated July 21, 2020 Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: PkQ J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION 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 CONVENTION &VISITORS BUREAU COMMUNITY TASK FORCE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. 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 pmcgrawAvbgov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/18/2020 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE R A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS O T T HE EES S E O O E T I R Y S S ERNDN I/ SPECIAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y y E. July 23,2020 SPECIAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y July 28,2020 SPECIAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y A August 11,2020 B A N E D F. PUBLIC HEARING 1 SPEAKER APPROPRIATION OF SECOND DISTRIBUTION OF CARES ACT FUNDS re CORONAVIRUS RELIEF H.1. Ordinance to CONFIRM the Declaration of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y y a Local Emergency re Tropical Storm CONSENT Isaias H.2. Resolution to AUTHORIZE the Mayor, ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y City Manager and Director of Finance to CONSENT EXECUTE a CARES Act Funding Certificate on behalf of the City H.3. Ordinance to AUTHORIZE the use of the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CARES Act Funding and TRANSFER CONSENT funds to various departments re hazard pay and volunteer recognition (Requested by City Council) H.4. Ordinance to AMEND City Code Section 2- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 85 re leave accrual by part-time employees CONSENT H.5. 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 CONSENT Property known as 352 Tuna Lane at the rear of 2941 Wood Duck Drive re relocate existing boat lift,construct and maintain a bulkhead, pier, two (2) personal watercraft lifts and a boat lift H.6. Ordinance to AUTHORIZE a temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y y y encroachment into a portion of a City-owned CONSENT drainage easement at 624 Regency Drive re construct and maintain a lighted double- sided monument sign H.7. Ordinance to AMEND the Adopted ADOPTED,BY 10-0 Y Y Y Y Y A y y Y Y y FY2020-21 Capital Improvement Program CONSENT B (CIP)Project description and scope for CIP S #9-068 Dome Site Development Acquisition re AUTHORIZE the A acquisition of property by Virginia Beach N Development Authority(VBDA) E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/18/2020 PAGE: 2 B AGENDA E ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 BC D N OMO 0 L W 0 O C Y L NOUWS 0 T T HE E E S S E O O E T I R Y S S ERNDN H.8. Ordinances to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT a. $300,000 from the Landmark Foundation to FY2020-21 Public Health Department Operating Budget and REAUTHORIZE five (5) Grant-Funded positions re Baby Care Program b. $10,000 from Virginia Tourism Corporation to FY2020-21 Convention and Visitors Bureau Operating Budget re local advertising and marketing efforts c. $47,187 from National Parks Service Historic Preservation Fund and TRANSFER $28,312 to provide local grant match to FY2020-21 Planning and Community Development Operating Budget re survey of historical resources in the Seatack and L&J Gardens neighborhoods d $22,500 from Virginia Department of Historic Resources and TRANSFER $22,500 to provide local grant match to FY2020-21 Planning and Community Development Operating Budget re preparation and publication of historic district design standards and review guidelines $201,803 of CARES Act Funding from e' Virginia Department of Elections to FY2020-21 Voter Registration and Elections Operating Budget re health and safety expenditures for the 2020 Presidential Election f $1,389,918 of CARES Act Funding from U.S. Department of Housing and Urban Development and TRANSFER$1,021,040 of Community Development Block Grant funding to FY2020-21 Housing and Neighborhood Preservation Operating Budget re eviction prevention and homeless assistance for individuals and families affected by COVID-19 ADD Resolution to ADD a member to the CVB ADDED& 11-0 Y Y Y Y Y Y Y Y Y Y Y ON Community Task Force re fourth citizen ADOPTED,BY member CONSENT I.1. CITY OF VIRGINIA BEACH for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Special Exception for Alternative CONDITIONED,BY Compliance to the Form-Based Code re CONSENT recurring outdoor assembly use and open- air market special events for properties located South of Interstate 264, West of Parks Avenue, and slightly East of Parks Avenue, North of 18ih Street, West of Washington Avenue, North of 17'" Street, and East of North Birdneck Road DISTRICT 6—BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/18/2020 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L B U E J R T I 0 BCDN OMOOL W 0 O C Y L NOUWS 0 T THE EES S EOGIE T I R Y S S ERNDN I.2. GREEN CLEAN SOUTH MILITARY, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC for a Modification of Conditions re MODIFIED,BY car wash facility at 820 South Military CONSENT Highway(Approved November 27,2007) DISTRICT 2—KEMPSVILLE 1.3. WILLIAM MARK CONBOY/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CONBOY CONSTRUCTION for a CONDITIONED,BY Conditional Use Permit re commercial CONSENT kennel for 3285 Indian Creek Road DISTRICT 7—PRINCESS ANNE 14 HARRIS TEETER PROPERTIES, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y INC./BRENNEMAN FARM RETAIL CONDITIONED,BY ASSOCIATES,LLC for a Conditional CONSENT Use Permit re automobile service station at 4540 Princess Anne Road DISTRICT 2 —KEMPSVILLE 1.5. MICHAEL JAMES FITZGIBBON fora DENIED 11-0 Y Y Y Y Y Y Y YYYY Conditional Use Permit re short term rental at 2222 East Berrie Circle DISTRICT 4—BAYSIDE I.6. TIMOTHY HANDLON fora Conditional APPROVED/ 10-1 Y Y Y Y N Y Y Y Y Y Y Use Permit re short term rental at 2541 CONDITIONED Seaview Avenue DISTRICT 4— BAYSIDE 1.7. CASEY KRUEMCKE for a Conditional APPROVED/ 9-1 Y Y Y NY Y Y Y Y Y A Use Permit re short term rental at 133 CONDITIONED Ackiss Avenue DISTRICT 6—BEACH 1.8. 3D BUILDER INVESTMENTS,LLC APPROVED/ 9-1 Y Y Y NY Y Y Y Y Y A for a Conditional Use Permit re short term CONDITIONED rental at 421 21"Street DISTRICT 6— BEACH 19 JOHN & KRISTEN LOVERING for a APPROVED/ 9-1 Y Y Y NY Y Y Y Y Y A Conditional Use Permit re short term rental CONDITIONED at 1718 Baltic Avenue DISTRICT 6 — BEACH J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION 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 CONVENTION&VISITORS BUREAU COMMUNITY TASK FORCE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/18/2020 PAGE: 4 B E AGENDA ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B CDN OMO 0 L W 0 O C Y L NOUWS O T T HE E E S S E O O E T I R Y S S ERNDN PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD AGRICULTURE ADVISORY Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION William Vaughan 4 Year Term 10/1/2020-9/30/2024 BIKEWAYS AND TRAILS ADVISORY Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE William Vaughan (Liaison to Agriculture Advisory Commission) 4 Year Term 10/1/2020-9/30/2023 CONVENTION&VISITORS BUREAU Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMUNITY TASK FORCE NO TERM Elizabeth Baumann (Resort Advisory Commission) Henry Richardson (Virginia Beach Hotel Association) Laura Habr (Virginia Beach Restaurant Association) Jeanne Evans-Cox (Central Business District Association) Zohn Burdon Charles Thornton (Sports Marketing) Preston Midgett Gary Ryan Randi Vogel (Industry Sector Business Rep) Tage Counts Courtney Dyer Dianna Howard Robert Melatti (Citizen) Bruce Thompson 10-1 Y Y Y YYNY Y Y Y Y (Virginia Beach Hotel Association) HISTORIC PRESERVATION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Finnley Brakke (Student) 1 Year Term 8/18/2020-7/31/2021 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/18/2020 PAGE: 5 B AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T 1 0 BC DNOMOO L W 0 O C Y L NOUWS 0 T T HE E E S S E ODE T I R Y S S _ E R N D N PARKS AND RECREATION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Akeem M.Prosser (Rose Hall) Unexpired Term thru 8/31/2022 K/L/M ADJOURNMENT 8:04 PM OPEN DIALOGUE 19 SPEAKERS 9:18 PM